§ 11-17. Denial of massage or bath business permit upon certain findings.

The occupational license inspector shall not issue a massage parlor, massage school, or bathhouse or massage or bath technician permit of he finds that:

(1)

The correct permit fee has not been (a) tendered to the city, or (b) in the case of a check or money order, honored with payment upon presentation; or

(2)

Regarding a massage parlor, massage school, or bathhouse permit, the operation, as proposed by the applicant, if permitted, would not comply with the provisions of this chapter; or

(3)

The applicant, if an individual, or any of the co-owners if the applicant is not an individual, has:

(a)

Been convicted of any felony involving fraud, deceit, or an offense involving moral turpitude, unless such conviction occurred at least three (3) years prior to the date of the application, or, has been convicted of any offense involving sexual misconduct with minors, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering, unless such conviction has occurred at least three (3) years prior to application for permit and applicant has had no subsequent convictions;

(b)

Been convicted of any offense involving the use of or threat to use of force or violence upon the person of another. For the purpose of this section "conviction" shall include but not be limited to "withheld adjudication".

(4)

The applicant has knowingly made any false, misleading, or fraudulent statements of fact in the permit application or in any document required by the city in conjunction herewith; or

(5)

The applicant has had a massage or bath business, massage school, massage or bath technician, or other similar permit or license denied, revoked, or suspended for any of the above causes by the city or any other state or local agency within five (5) years prior to the date of application; or

(6)

The applicant, if any individual, or any of the co-owners listed pursuant to section 11-7(1)(f), if the applicant is not an individual, is not over the age of eighteen (18) years; or

(7)

Regarding a massage parlor, massage school, or bathhouse permit, the manager or other person principally in charge of the operation of the business, or, regarding a massage or bath technician permit, has not successfully completed a resident course of study or learning of not less than seventy (70) hours from a recognized school where the theory, method, profession, or work of massage or bath, as applicable, is taught.

The chief license inspector, upon denying an applicant a permit, shall state his reasons in writing, specifying the particular grounds for such denial.

(Ord. No. 522, § 1, 3-17-1977)