(A) Upon receipt of the application and license fee as set out in § 17.112.04 as provided for in the preceding section, the Auditor of Boone County shall make or cause to be made a thorough investigation relative to the application. The Auditor shall deny any application for a license under this chapter after notice and hearing if the Auditor finds that the applicant has been during the previous five years convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge or a charge of violating any provision included in the following: I.C. 35-45-4-1 through 35-45-4-4; I.C. 35-45-2-2; 35-46-1-3; which laws relate to sexual offenses, or on a charge of violating a similar law, or on a charge of violating any similar law of any jurisdiction, or on a charge of violating any provision of this chapter or similar ordinance in any other jurisdiction. The making of a false statement on the application as provided for herein shall also be grounds for denial of this license. Notice of the hearing before the Auditor of Boone County of this application shall be given in writing, setting forth the grounds of the proposed denial of a license and the time and place of the hearing. The notice shall be mailed by certified mail to the applicant’s last known address at least ten days prior to the date set for the hearing. The Auditor shall submit a decision to the applicant within five days of the decision or within 30 days of his or her receipt of the application, whichever date is the sooner.
(B) The Auditor shall revoke the license of any person after notice and hearing if the Auditor finds that the person has been within the previous five years convicted, pleaded nolo contendere or suffered a forfeiture on any felony charge or on a charge of violating any provision included in those sections of the Indiana Code set forth in the immediate preceding sections of this chapter, which laws relate to sexual offenses, or on a charge of violating a similar law of any other jurisdiction or on a charge of violating any provisions of this chapter or a similar ordinance in any other jurisdiction. The license shall also be revoked by the Auditor if he or she finds, after notice and hearing, that any license holder has made a false statement on the application provided for herein. Notice of the hearing before the Auditor for revocation of the license shall be given in writing, setting forth the grounds of the proposed revocation and the time and place of the hearing. The notice shall be mailed by certified mail to the license holder’s last known address at least ten days prior to the date set for the hearing.
(C) Any person who purports to hold a valid license shall display upon request to any police officer corroborating identifying evidence that he or she is, in fact, the person displaying the license, and shall display the license upon request by a police officer. It shall likewise be an automatic case for revocation of the license of any owner or manager of a massage parlor should they have two or more violations of these provisions in their establishment within a 12-month period.
(D) A
PERSON applying for a license hereunder shall include a partnership or association and any partner or member thereof or if the applicant is a corporation it shall include any officer, director or manager thereof or shareholder owning 10% or more of its stock and shall likewise include members of both sexes.
(E) In the event the Auditor should deny or revoke any license hereunder, the applicant shall have an automatic right to appeal the denial or revocation to the Board of Commissioners of the County of Boone. The Board of Commissioners shall hold a hearing with same procedural guidelines as set out above for the Auditor within 30 days of the date of the denial or revocation. The Board of Commissioners shall submit their decision to the applicant or license holder within five days of its decision or within 30 days of the hearing whichever date is sooner.
(F) The license shall be valid for one year and may be renewed on an annual basis upon the filling of a new application and payment of the license fee as set out in § 17.112.04. The application for renewal must be filed in the Office of the Boone County Auditor not less than 30 days prior to the expiration of the existing license.
(Ord. 80-2, passed 2-19-1980)