§ 115.172. APPLICATION FOR LICENSE; INVESTIGATION; FEE.  


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  • (A) Each application to the Director for a license to operate a massage facility shall set forth:
    (1) The name and address of the applicant;
    (2) The names and addresses of the principal officers, if the applicant is a corporation and the designation of an agent residing in Jefferson County who shall be its representative for the purposes of this subchapter;
    (3) The location for which the permit is desired;
    (4) The names and addresses of all massage facility employees known as of the date of application;
    (5) The business, occupation, or employment of the applicant or its owners, officers, directors, and resident agent for the three years immediately preceding the date of application;
    (6) All criminal convictions of the applicant or its owners, officers, directors, and resident agent other than misdemeanor traffic violations for the past ten years;
    (7) A complete set of finger prints for all owners, officers, directors and resident agents.
    (B) A certification from the Director that a massage facility is a use permitted by the zoning district regulations where the proposed massage facility shall be located.
    (C) A nonrefundable fee of $100 shall accompany the application.
    (D) An application for a license must be made for each separate massage facility. When an application is received by the Director, the Director shall refer a copy of the application to the Director of the Department of Public Health and Wellness and to the appropriate Fire Department or Fire District who shall within ten business days of their receipt of the license application cause the facilities to be inspected to determine if they the facilities meet the health, sanitation, structural, and safety requirements set out in § 115.173, and report such information to the Director within 5 business days of such inspection.
    (E) A license to operate a massage facility shall be issued to the applicant by the Director within ten business days after receipt of the inspection reports required by Section 115.172 (D), if the application is fully and accurately completed and if the required inspections reveal that the massage facility meets the health, sanitation, structural, and safety requirements of § 115.173. However, no license shall be issued if the Director determines the applicant or any of its owners, officers, directors, or resident agents has been convicted of a felony, an offense involving a violation of KRS Chapters 510 or 529 or an equivalent law of another jurisdiction within the five years next preceding the date of application or any violation of this subchapter.
    (F) In the event of denial, the Director shall notify the applicant in writing of the reasons for such denial. Said notice shall be mailed, certified mail, return receipt requested, within ten business days after the Director receives the inspection reports required by § 115.172(D).
    (G) In the event the inspection required by this section is not completed within the time frame set forth in subsection (D) hereof or if the Director fails to notify the applicant in writing of the reasons for denial of the application in the manner prescribed in subsection (F) hereof, then the application will be deemed to be granted and the massage facility authorized to operate until such time as all required inspections have been completed, the Director has received the required reports, and the applicant receives notice of the Director's decision on the application by certified mail, return receipt requested.
    (1999 Lou. Code, § 111.392) (Lou. Ord. No. 101-1974, approved 8-27-1974; Lou. Am. Ord. No. 28-1976, approved 5-1-1976; Lou. Am. Ord. No. 60-1986, approved 2-27-1986; Lou. Metro Am. Ord. No. 246-2007, passed 11-12-2007) Penalty, see § 115.999