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(a) It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the Town the operation of a massage establishment without first having obtained a license from the Town.

(b) Application for such a license shall be made to the clerk-treasurer in writing. The application shall be signed by the applicant, if an individual, if a partnership by all partners, if a corporation by a duly authorized agent, verified by oath or affidavit and shall contain the following statements and information:

(1) The name, age and home address, occupation and social security number of the applicant in the case of an individual; in the case of a partnership, the person entitled to share in the profits thereof; in the case of a corporation, all officers and directors and if a majority interest of the stock of such corporation is owned by one (1) person or his nominee, then such person shall be included.

(2) If a corporation, a copy of the articles of incorporation approved by the secretary of state shall be attached.

(3) The business address of the proposed location of applicant's business.

(4) Name and home address of the owner of the real property of the proposed location of the applicant's business.

(5) A statement as to whether applicant had made application for any license issued by the Town and the disposition of such other applications.

(6) A statement as to whether any previous license issued to the applicant by the state or subdivision thereof or by any federal agency or department has been revoked or suspended and the reasons therefor.

(7) A statement as to whether the applicant has been convicted of any crime or misdemeanor, if an individual; in the case of a partnership, the persons entitled to share in the profits thereof; in the case of a corporation, all officers and directors and if a majority interest of the stock of such corporation is owned by one (1) person or his nominee, then such person shall be included. Such statement shall include the nature of the offense, date of conviction, court where convicted, and punishment or penalty assessed therefor.

(8) If the business is to be managed by anyone other than an individual applicant, then the applicant shall state the name and home address, social security number, present occupation and a statement of any convictions of any crime or misdemeanor including the nature of the offense and date of conviction, court where convicted, and punishment or penalty assessed therefor of any person who will manage or operate the business.

(9) The fingerprints of the applicant, if an individual; in the case of a partnership, all persons entitled to share in the profits thereof; in the case of a corporation, all officers and directors, and if a majority interest of the stock of such corporation is owned by one (1) person or his nominee, then such person shall be included. In the event a manager is employed then said manager shall be included. The fingerprints shall be taken by the Town Police Department.

(10) A description of the premises of the proposed location indicating the dimensions of all rooms, the location of the tables, the location of exits and such other information as may be requested by the clerk-treasurer in order to determine whether the premises complies with all applicable laws.

(11) The names of at least two (2) reliable real property owners in the county who will certify as to the good character and business respectability of the applicant, if an individual; in the case of a partnership, all persons entitled to a share in the profits thereof; in the case of a corporation, all officers and directors, and if a majority interest of the stock of such corporation is owned by one (1) person or his nominee, then such person shall be included. In the event the applicant cannot provide such names, such applicant shall state the reasons for noncompliance and may then provide such other available evidence that may be requested by the clerk-treasurer to show the good character and business responsibility of the applicant.

(12) Two (2) portraits at least two (2) inches by two (2) inches in size.

(13) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another municipality of the state under license, had had such license revoked, suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(Code 1983, 36-5-2-9(l), §§ 4, 5)