§ 18.5-16. Massage establishment permit.

(a)

Required. No person shall carry on the business of operating a massage establishment at any place within the unincorporated areas of the parish unless he has a valid permit issued pursuant to the provisions of this article for each and every such place of business.

(b)

Application.

(1)

Fee. Any person desiring to obtain a permit to operate a massage establishment shall make application to the department of inspection and code enforcement. A fee of three hundred dollars ($300.00), made payable to the finance department, shall accompany the submission of the application to defray the costs of administration and investigation. If the applicant is not granted a permit under the provisions of this article, one hundred fifty dollars ($150.00) of the application fee shall be returned to the applicant.

(2)

Contents. Any person desiring a massage establishment permit shall file a written application with the department of inspection and code enforcement on a form to be provided by the department of inspection and code enforcement. If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles or incorporation, together with the names and addresses of each of its officers, directors and each stockholder of the corporation; and the application shall be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners; and the application shall be verified by each partner. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership, the application shall set forth the full name and address of the applicant and be verified by the applicant. The application for massage establishment license shall set forth the proposed place of business and the facilities therefor, together with a detailed description of the nature and scope of the proposed business operation. In addition to the foregoing, the following information shall be furnished concerning the applicant if an individual; and concerning each individual stockholder 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:

a.

The previous addresses, if any for a period of three (3) years, immediately prior to the date of application and the dates of such residence;

b.

The date of birth;

c.

Three (3) passport size photographs one (1) inch by one (1) inch taken within six (6) months of the date of application on forms provided by the sheriff;

d.

A complete set of fingerprints on forms provided by the sheriff;

e.

The business, occupation or employment history for three (3) years immediately preceding the date of application, including but not limited to whether such person previously operating under a permit or license in another city in this or another state had such license suspended or revoked;

f.

All convictions, including ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred;

g.

A physical description to include height, weight, sex, color of eyes, color of hair, birth marks and scars.

(c)

Investigation. Applications for permits under this article shall be referred to the sheriff and the parish health unit within forty-eight (48) hours of the application being filed. The sheriff and the parish health unit shall cause an investigation and/or inspections to be made and report their findings to the department of inspection and code enforcement. The department of inspection and code enforcement shall also have authority to conduct an inspection of the establishment. Applicants shall cooperate with any inspection and/or investigation conducted pursuant to the provisions of this article and shall permit access to the proposed place of business and facilities therefor in conjunction with any such inspection and/or investigation.

(d)

Granting of permit. Within sixty (60) days of the receipt of an application, the department of inspection and code enforcement shall either grant or deny a massage establishment permit. The sheriff, the parish health unit and the applicant shall be notified within forty-eight (48) hours of the denial or acceptance of the application. In the event of denial, the applicant shall have thirty (30) days from the date of notice of the denial to appeal to the review committee in accordance with the procedure outlined in section 18.5-18. The department of inspection and code enforcement shall grant a massage establishment permit only if it finds:

(1)

The required fee has been paid;

(2)

The application conforms in all respects to the provisions of this chapter;

(3)

The applicant has not knowingly made a material misstatement in the application for a license;

(4)

The applicant has fully cooperated in the investigation of his application;

(5)

The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the parish's building, zoning and health regulations;

(6)

The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of a felony under the law of the United States, of Louisiana or any other State, or forfeited bail, or been convicted of violation of any law of any jurisdiction for prostitution, pandering, lewd conduct or sexual misconduct within five (5) years of the application;

(7)

The applicant has not had a massage establishment license or a massage technician permit or other similar license or permit denied or revoked for cause by this parish or any other governing authority located in or out of this state within the two (2) years prior to the date of application;

(8)

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, is eighteen (18) years of age;

(9)

The applicant, if a corporation, is licensed to do business and in good standing in the state.

(Code 1961, § 11A-62; Ord. No. 15992, § 1, 4-11-85)