§ 12-348. Approval or denial of application.

Within 90 days after the application date, the manager shall either approve or deny the application and shall notify the clerk in writing of the decision. If the application is approved, the clerk shall issue the license. If the application is denied, the clerk shall furnish written notice of the denial to the applicant, together with the reasons for denial. In addition to the reasons set forth in section 12-22, a license may also be denied for any of the following reasons:

(1)

Under legal age. If an individual applicant is under the age of 18 years.

(2)

Convictions. If the applicant, or any officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, has been convicted of a felony, or has been convicted of any illegal conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.

(3)

Conviction without sufficient rehabilitation. If the applicant, or any principal officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, has been convicted of any crime directly relating to the occupation of massage and escort services, as provided in Minn. Stats. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of massage or escort services, as provided in Minn. Stats. § 364.03, subd. 3.

(4)

Prior denial of license. If the applicant, or any principal officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, have within one year prior to the date of application been denied a license under this article, or any similar ordinance of any municipality within the state, or within the period has had revoked any license issued under this article, or any similar ordinance of any municipality within the state.

(5)

Zoning restriction. If the business to be licensed is not permitted by chapter 36 upon the premises described in the application.

(6)

Failure to meet construction requirements. If the premises described in the application for a business license fail to comply with the requirements of section 12-22.

(7)

Capital investment less than $10,000.00. If the applicant's planned capital investment in the premises described in the application to operate the business to be licensed is less than $10,000,00. This subsection shall not apply to any license application to operate only an escort service.

(Code 1970; Code 1992, § 1341.07; Ord. No. 1353, 1-17-1979; Ord. No. 1353-A1, 11-28-1984; Ord. No. 1353-A2, 7-16-1986; Ord. No. 1352, 11-28-1984; Ord. No. 1994-5, 5-4-1994; Ord. No. 2001-1, 2-1-2000; Ord. No. 2006-11, 12-5-2006)