§ 30-284. License application procedures; license nontransferable.

(a)

Any person desiring a license required under the provisions of this article shall file with the city clerk an application therefore on a form prescribed and supplied by the city clerk. The provisions of this chapter shall apply to the license required by this article.

(b)

Any application for a license pursuant to these provisions shall contain the required information. The application shall be referred to the chief of police who shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the chief of police, or his representative, shall render a recommendation as to the approval or denial of the license to the city clerk.

(c)

The chief of police shall recommend denial of an application for a license if the character, reputation, moral integrity, or physical or mental condition of the applicant or his employees is found to be contrary to the public health, safety, morals or general welfare. The chief of police's recommendation shall be based on appropriate and competent evidence available to him. In making his determination, the chief of police shall consider:

(1)

Penal history. All applicant's convictions, the reasons therefore, and the demeanor of the applicant subsequent to his release.

(2)

License and permit history. The license and permit history of the applicant; whether such person in previously operating in this city or state or in another municipality or state under a license or permit has had such license or permit revoked or suspended; the reasons therefore; and the demeanor of the applicant subsequent to such action.

(d)

The city's building department, planning department, fire department and the county health officer shall inspect the premises proposed to be devoted to the massage establishment and shall make within a reasonable time separate recommendations to the city clerk concerning compliance with the requirements of this article and all other applicable laws and ordinances.

(e)

The city clerk, or his/her designee, after receiving these recommendations, shall grant a license to the establishment if all requirements for a massage establishment are met.

(f)

Any person denied a license by the city clerk or his designee pursuant to these provisions may appeal to the city commission in writing stating reasons why the license should be granted. The city commission may grant or deny the license after a public hearing and such decision shall be final. Also, the city commission may elect on its own motion to review any determination of the city clerk granting or denying a license.

(g)

All licenses issued under this article are nontransferable.

(Code 1970, § 26½-3; Ord. No. 2009-5, § 3, 5-18-09)