§ 22-170. Results of investigation; decision of authority; change of financial interest.

(a)

Not less than five days prior to the date of the hearing, the city shall make known its findings based upon its investigation, in writing, to the applicant and other parties in interest who are known to the city prior to the hearing. The licensing authority has authority to refuse to issue any license, for good cause, and subject to judicial review.

(b)

Before entering any decision approving or denying the application, the licensing authority shall consider, except where this chapter specifically provides otherwise, the facts and evidence produced as a result of the investigation, including the reasonable requirements of the neighborhood for the license for which application has been made, the desires of the inhabitants, the number, type, and availability of other massage parlors located in or near the neighborhood under consideration, and any other pertinent matters affecting qualifications of the applicant for the conduct of the business proposed.

(c)

Any decision of the licensing authority approving or denying an application shall in writing stating the reasons therefor and shall be made within 30 days after the date of the public hearing, and a copy of such decision shall be sent by certified mail to the applicant at the address shown in the application.

(d)

No license shall be issued by the licensing authority after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the provisions of this chapter, and then only after inspection of the premises has been made by the licensing authority to determine that the applicant has complied with the plans and specifications submitted upon the application. If the building has not been constructed or placed in operation within one year after approval of the license application, or construction of the building has not been commenced within one year after such approval, the licensing authority, in its discretion, may revoke or elect not to renew the license.

(e)

Any change in the partners holding ten percent or more in interest of a partnership or any change in the officers, directors, or holders of ten percent or more of the interest of a corporation, limited liability company or association holding a massage parlor license shall result in termination of the license of the partnership, corporation, limited liability company, or association unless such licensee within 30 days after such change, files a written notice of such change with the city clerk on forms provided by the city clerk, together with payment of the required fees, fingerprints, and photographs. The city police department shall thereafter conduct an investigation and make a recommendation as set out in section 22-169.

(f)

Each license issued under this chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location.

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

State law reference

Similar provisions, C.R.S. §§ 12-48.5-104, 12-48.5-115.