§ 22-169. Investigation.

(a)

When a complete application has been accepted for filing, the required individuals have been fingerprinted, photographed, and the license fee has been paid, the city clerk shall transmit the application to the city police department for investigation of the background and financial interest of each individual applicant, each partner holding ten percent or more interest of a partnership, each officer, director, and holder of ten percent or more of the stock of a corporation, limited liability company, or association of a proposed massage parlor establishment. The city police department shall also investigate the source of funds for the business. Each applicant shall pay a nonrefundable investigation fee at the time the application is filed in the amount then charged by the Colorado Bureau of Investigations for each person who will be investigated.

(b)

(1)

The investigation conducted by the city police department shall be sufficient to verify the accuracy of all of the information submitted as part of the application. The city police department shall make a recommendation to the licensing authority to approve or deny the license based on its investigation. In investigating the qualifications of any applicant, licensee, or employee or agent of the licensee or applicant, the licensing authority may have access to criminal history record information furnished by criminal justice agencies subject to any restrictions imposed by such agencies. In the event the licensing authority takes into consideration information concerning the applicant's criminal history record, the licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including, but not limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of his application for a license.

(2)

As used in this subsection (b) of this section, the term "criminal justice agency" means any federal, state, or municipal court or any governmental agency or subunit of such agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.

(c)

No application for a massage parlor license at a particular location by or on behalf of the same person shall be received or acted upon if such location is the same as or within 500 feet of a location for which, within two years preceding, the local licensing authority has refused to approve a license on the ground, in whole or in part, that the license already granted for the particular locality was adequate for the reasonable requirements of the neighborhood and the desires of the inhabitants at the time of such refusal.

(Code 1981, § 16-9; Ord. No. 3292, § 1, 10-21-1996)

State law reference

Investigation, C.R.S. § 12-48.5-115.