§ 26-134. Issuance of license; denial.

(a)

When a license application for the operation of a massage or spa establishment is submitted in proper form, including all information and exhibits required herein and accompanied by the correct fees, the application shall be accepted, and a review of the application and an inspection and investigation shall be conducted by the city manager or designee. Upon the payment by the applicant of the required fees, the city shall cause to be conducted a criminal background investigation of the applicant and shall transmit a summary of the investigation results to the city manager or designee.

(b)

Upon receipt of the background investigation and completion of review of the application in accordance with the terms of this article, the city manager or designee shall either issue the license or deny the application within 60 days of receiving the completed application. The city manager or his designee shall deny any application that:

(1)

Fails to meet each of the application requirements specified in this article;

(2)

Fails to meet each of the minimum standards specified in this section; or

(3)

Contains false, misleading or incomplete information in the application or attached documents.

(c)

Service of any notice for denial, suspension or revocation of a massage or spa establishment license under this article shall be delivered by hand or posted by certified and first class mail to the applicant's address as provided on the application. Delivery shall be deemed to take place on the third day following deposit in the United States Mail.

(d)

Should the city manager or designee deny an application under this article, written notice of the denial shall be provided to the applicant by the city manager or designee setting forth the reason(s) for the denial, and advising the applicant of the right to appeal.

(e)

Any decision by the city manager or designee denying, suspending or revoking an application shall be final unless the applicant files a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review and shall be in accordance with section 26-136.

(Ord. No. 2011-09-15, 9-20-2011)