Sec. 86-441. Issuance; denial.
(a) If after an investigation, the licensing administrator finds, in addition to the findings required by section 86-35, that the individual applicant, and each of the individuals required to be listed in the corresponding license application meet the requirements in subsection 86-439(a):
(1) Are 18 years of age or older; and
(2) Shall not:
a. have voluntarily surrendered any license to practice as a massage therapist or operate a massage facility as a result of, or while, under civil or criminal investigation; or
b. have had a license to practice as a massage therapist or operate a massage facility or similar license, denied or revoked by the State of Colorado or a political subdivision of Colorado, or a regulatory board in another United States jurisdiction or possession, for an act that occurred in that jurisdiction that would be a violation under this article; and
(3) Shall not be a registered sex offender or required by law to register as a sex offender; and
(4) Shall not have any prior conviction for an offense involving sexual misconduct with a child, including sexual abuse, sexual assault, sexual conduct, sexual molestation and sexual exploitation; and
(5) Subject to the requirements of C.R.S. § 24-5-101, shall not have any prior convictions or pending violations for any crimes, including but not limited to prostitution, or of operating a prostitution enterprise, theft, embezzlement, or money laundering; and
(6) The location where the license is applied for has not had a similar license revoked or surrendered for cause within the last 24 months; and
(7) The character, record, or reputation of the applicant, his or her agent, or his or her principal is such that potential violation of this division may occur if a license is issued to the applicant.
(b) Then he or she shall, within 30 days following receipt of the license application, approve the issuance of massage facility license to the applicant for use at the location identified in the license application as the situs of the business. In the event of a denial the licensing administrator shall explain with reasonable details in writing the reason for the denial.
(c) The licensing administrator shall be empowered to place reasonable conditions and restrictions upon any massage facility license on a case by case basis. The licensee shall have the right to a hearing before the finance director to review any such conditions or restrictions in accordance with the provisions of subsection 86-55(a).
(d) If, after investigation, the licensing administrator finds, in addition to the findings required by section 86-35, that:
(1) The applicant meets all the requirements of subsection (a) of this section.
(2) The applicant has completed all requirements of C.R.S. § 12-35.5-107, and holds a valid state massage therapist license.
(e) Then he or she shall, within 30 days following receipt of the license application, issue a manager's license to the applicant. (Ord. No. 2018-13, § 1, 5-21-2018)