§ 5-201. Issuance of license.

Following the submission of an application for a license as provided in this article, either for an initial or a renewal license, the following procedure or requirement shall apply thereto in addition to those elsewhere specified in this article:

(1)

Such investigation or inquiry pertaining to the information provided on the license application as may be considered reasonable and necessary shall be made by the city chief of police upon request of the city clerk. Such investigation and inquiry shall be concluded within fifteen (15) days of the filing of the application for a license except that if for any reason the investigation or inquiry is not concluded, the city shall specify a reasonable period within which the city expects to conclude the investigation and inquiry, such reasonable period not to exceed an additional thirty (30) days.

(2)

Upon the expiration of the period above specified or as extended if the city is unable to conclude the investigation and inquiry by reason of inability to obtain information, the applicant shall be so notified in writing by the city and given a period not to exceed fifteen (15) days during which the applicant may provide such information to the city as the city may consider accurate and complete. Upon failure to obtain such information or to confirm the accuracy or completeness of the same, the city shall refuse to issue a license to the applicant.

(3)

If upon concluding the review, investigation and inquiry of the application and the applicant, the city determines that any information provided in the application is false or that the information provided in the application or as determined by the city upon its investigation and inquiry so any of the following facts are found to exist the city shall not issue a license to the applicant:

a.

That a health certificate as required for any massagist as attached to an application is absent.

b.

That any massagist employed or to be employed in any massage establishment does not have a license as required by this article and has not submitted application for the same prior to the filing of an application for a massage parlor or massage establishment license by the applicant therefor.

c.

That a massagist does not hold the qualifications specified by evidence of a diploma or training and experience as provided for and being a requirement of the issuance of a massagist license.

d.

That the applicant, if an individual, for any license required by this article or any person or entity owning and/or controlling the applicant including but not limited to all partners, principals, or managers, and also if the applicant is a corporation, an officer, director or shareholder holding at least ten (10) percent of the stock of the corporation has been convicted of any violation of this article within the twelve (12) months preceding the date of the filing of such application or any offense specified in subsection (c)(10) of section 5-198 or subsection (c)(9) of section 5-200.

e.

That the applicant has previously had a license required by this article revoked or is at the time of filing an application for a license presently holding a license which is under suspension pursuant to the terms of this article.

(4)

Upon refusal to issue a license as above provided, the city shall give notice to the applicant pursuant to due process requirements prescribed by state law relative to administrative proceedings which shall contain the reason(s) for failure to issue the license.

(5)

The applicant may within thirty (30) days of the date of the notice petition to the mayor and city council for a hearing for the purpose of determining whether or not a license shall be granted to the applicant. Such hearing shall be scheduled and conducted at any regular or special meeting of the mayor and city council to be held within thirty (30) days of the date such petition is filed and with written notice to the applicant of the time, date, and place of such hearing unless postponed with the consent of the applicant or by motion adopted at a meeting of the mayor and city council specifying a subsequent date for a hearing.

(Code 1963, § 16½-6)

State law reference

Administrative procedures, Miss. Code Ann. 1972, § 25-43-1 et seq.; permit and licensing procedures, Miss. Code Ann. 1972, § 25-45-1 et seq.