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(5) The Premises has not been approved for occupancy and use by the appropriate city <br />personnel or is not in compliance with all applicable laws and ordinances. <br />(6) The license fee required by this chapter has not been paid. <br />616.06 CONDITIONS GOVERNING ISSUANCE; APPLICANT AND OTHER <br />DATA <br />If the applicant meets the criteria in Section 616.05, the City Council shall consider the <br />issuance of a license to an applicant within 30 days after receipt of an application unless any one <br />of the following apply to the applicant, its anticipated Employees, or any of the individuals <br />identified in Section 616.04, subd. 1(a) of this chapter: <br />(1) Conviction of a felony within five (5) years of the date an application for a license is <br />filed with the city. <br />(2) Conviction of any sexually oriented crime or ordinance violation, including, but not <br />limited to, Minnesota Statutes Sections 609.321-.324, 617.241, 617.293-.294, <br />617.246-.247, 617.23, 609.342-.345, 609.365, or criminal attempt, conspiracy, or <br />solicitation to commit any of the foregoing offenses within five (5) years of the date <br />an application for a license is filed with the city. <br />Has been determined to have engaged in any conduct prohibited by Minnesota <br />Statutes Section 146A.08, as it may be amended from time to time, within five (5) <br />years of the date an application for a license is filed with the city. <br />(4) Under requirement to register as a predatory offender under Minnesota Statutes <br />Section 243.166, or any similar law in Minnesota or elsewhere, within ten (10) years. <br />(5) Have had a massage therapist or therapeutic massage business denied or revoked by a <br />state, city or other licensing authority within five (5) years. <br />(6) Has been ordered to pay civil penalties by a state, city or other licensing authority <br />within five (5) years. <br />(3) <br />(7) Cannot provide proof of their eligibility to work in the United States. <br />(8) Fail to meet one of the following criteria: <br />(a) Current certification from National Certification Board for therapeutic <br />Massage and Bodywork; or <br />(b) Membership with the American Massage Therapy Association (AMTA) or <br />Associated Bodywork and Massage Professionals (ABMP); or <br />(c) Graduation from an educational institution which is either registered with the <br />MN Higher Education Office, or recognized by one of the accredited professional associations <br />listed above, is a member of AMTA or ABMP. <br />With respect to (1)-(8) of this Section, a pending appeal shall have no effect on the <br />determination whether to issue a license. <br />