Sec. 17-16. - Business permit required.

No person shall engage in or carry out the business of massage unless he has a valid massage business permit issued by the city pursuant to the provisions of this article for each and every separate office or place of business conducted by such person.

(Ord. No. 66723, § 3, 3-3-88)

Sec. 17-17. - Application for permit.

Any person desiring a massage business permit shall file a written application with the chief of police on a form to be furnished by the chief of police. The applicant shall accompany the application with a tender of the permit fee required by this article, and shall, in addition, furnish the following:

(1)

The type of ownership of the business, i.e. whether individual, partnership, corporation or otherwise;

(2)

The name, style and designation under which the business or practice is to be conducted;

(3)

The business address and all telephone numbers where the business is to be conducted;

(4)

A complete list of the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business;

(5)

The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than ten (10) percent of the stock of the corporation, each officer and director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and the holder of any lien, of any nature, upon the business and/or the equipment used therein; and concerning the manager or other person principally in charge of the operation of the business:

a.

The names, complete residence addresses and residence telephone numbers;

b.

The two (2) previous addresses immediately prior to the present address of the applicant;

c.

Written proof of age;

d.

Height, weight, color of hair and eyes, and sex;

e.

Two (2) front face portrait photographs taken within thirty (30) days of the date of application and at least two (2) by two (2) inches in size;

f.

The massage or similar business history and experience ten (10) years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;

g.

All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the disposition thereof,

h.

A complete set of fingerprints taken and to be retained on file by the chief of police or his authorized representatives;

(6)

Such other information, identification and physical examination of the person as shall be deemed necessary by the chief of police to discover the truth of the matters hereinabove required to be set forth in the application;

(7)

Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

(8)

The names and addresses of three (3) adult residents of the county who will serve as character references. The references must be persons other than relatives and business associates;

(9)

Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city.

(Ord. No. 66723, § 4, 3-3-88)

Sec. 17-18. - Approval and investigation by the chief of police.

(a)

Upon receiving the application for a massage business permit, the chief of police shall conduct an investigation into the applicant's moral character and personal and criminal history. The chief of police may in his discretion require a personal interview of the applicant, and such further information, identification and physical examination of the person as shall bear on the investigation.

(b)

In the case of applications for massage business permits the chief of police shall cause to be conducted an investigation of the premises where the massage business is to be carried on, for the purposes of assuring that such premises comply with all sanitation requirements as set forth in this chapter and by the state, and with the regulations of public health, safety and welfare.

(c)

Before any permit shall be issued under this article, the chief of police shall first sign his approval for the application.

(Ord. No. 66723, § 5, 3-3-88)

Sec. 17-19. - Issuance or denial of massage business permits.

The chief of police shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that:

(1)

The correct permit fee has not been tendered to the city, and in the case of check or bank draft, honored with payment upon presentation;

(2)

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;

(3)

The applicant, if an individual, or any of the stockholders holding more than ten (10) percent of the stock of the corporation, or any of the officers and 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 on the business and/or equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of a felony or misdemeanor involving moral turpitude unless such conviction occurred at least five (5) years prior to the date of the application;

(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 therewith;

(5)

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

(6)

The applicant, if an individual, or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years.

(Ord. No. 66723, § 6, 3-3-88)

Sec. 17-20. - Display of permits.

The massage business permittee shall display his permit in and open and conspicuous place on the premises of the massage business.

(Ord. No. 66723, § 7, 3-3-88)

Sec. 17-21. - Fees generally.

The permit fee for a massage business shall be seventy-five dollars ($75.00) per year.

(Ord. No. 66723, § 8, 3-3-88)

Sec. 17-22. - Fees for separate locations.

Should any massage business have more than one location where the business of massage is pursued, then a permit, stating both the address of the principal place of business and of the other location shall be issued by the chief of police on the tender of a permit fee of thirty-five dollars ($35.00). Permits issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.

(Ord. No. 66723, § 9, 3-3-88)

Sec. 17-23. - Return of fee.

No portion of any fee collected under this article shall be returned after a permit has been issued.

(Ord. No. 66723, § 10, 3-3-88)

Sec. 17-24. - Suspension and revocation of permits.

(a)

A massage business permit may be revoked or suspended in any case where any of the provisions of this chapter are violated, or where any employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business and the permittee has actual or constructive knowledge thereof by due diligence. The revocation proceedings shall be as prescribed by subsection (b) of this section.

(b)

A massage business permit may be revoked or suspended by the city council after notice and hearing for any cause set forth in this section. The chief of police or his authorized agent shall initiate such proceedings by petition to the city clerk in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the length of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the chief of police's petition is based, shall be given in writing by the city clerk through certified United States mail to the permittee at his last known address at least five (5) days prior to the date set for such hearing. The city council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive.

(c)

Any applicant denied a permit shall have the right of appeal to city council. Such appeal shall be taken by filing with the city clerk within ten (10) days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city clerk shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and chief of police of the date and time of such city council hearing in the same manner as provided in subsection (b). The council shall by a majority vote either sustain the action of the chief of police or issue the permit.

(Ord. No. 66723, § 11, 3-3-88)

Sec. 17-25. - Transfer of permit prohibited.

No massage business permit is transferable, severable or divisible, and such authority as a permit confers shall be conferred only upon the permittee named therein. (Ord. No. 66723, § 12, 3-3-88)

Secs. 17-26—17-40. - Reserved.