The City Clerk shall issue a license for a massage establishment or a permit for a massagist, masseur or masseuse if all requirements for a massage establishment or massagist permit described in this subchapter are met, unless he or she finds:
(A) The correct permit or license fee has not been tendered to the city and in the case of a check, or bank draft, honored with payment upon presentation;
(B) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city’s building, zoning and health regulations;
(C) (1) The applicant, if an individual, or any of the stockholders holding more than 10% of the stock (or membership interest if a LLC) of the corporation; or any of the officers or directors if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business; or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses within or without of the state:
(a) An offense involving the use of force and violence upon the person of another that amounts to a felony;
(b) An offense involving sexual misconduct; and
(c) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
(2) The City Clerk may issue a license or permit to any person convicted of any crimes described in divisions (C)(1)(a), (C)(1)(b) or (C)(1)(c) above if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section.
(D) The applicant has knowingly made any false or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith or have failed to provide the requested information;
(E) The applicant has had a massage business, massagist or other similar permit or license denied, revoked or suspended by the city or any other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of the application;
(F) The applicant, if an individual, or any of the officers and directors, (or members if a LLC) if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business, is not age 18 years or older; and
(G) The applicant does owe any taxes, fees or costs to the city.
(Prior Code, § 40-115) (Ord. 1294, passed 4-21-2008; Ord. 1477, passed 6-17-2019)