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12/12/01 WED 14:38 FAX 6123402643 Q007 <br /> to the occupation of massage and escort services, as provided in M.S. 364.03, Subd. 2, <br /> and has not shown competent evidence of sufficient rehabilitation and present fitness to <br /> perform the duties of the occupation of massage services, as provided in M.S. 364.03, <br /> Subd. 3. <br /> Subd. 4. Prior Denial of License. If the applicant, or any principal officers,managers, . <br /> directors, shareholders or owners, if a corporation or association, or any partners, if a <br /> partnership,has within one year prior to the date of application been denied a license <br /> under this Section, or any similar ordinance of any municipality within the State, or <br /> within the period has had revoked any license issued under this Section, or any similar <br /> ordinance of any municipality within the State. <br /> Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by Chapter 16 <br /> of this Code upon the premises described in the application. <br /> Subd. 6 Failure to Meet Construction Requirements. If the premises described in the <br /> application for a business license fail to comply with the requirements of Subsection <br /> 575.14. <br /> Subd. 7 Capital Investment Less than $5,000. If the applicant's planned capital <br /> investment in the premises described in the application to operate the business to be <br /> licensed is less than$5,000. <br /> 575.08 Renewal Application. Not less than 30 nor more than 60 days before the expiration of <br /> any license issued pursuant to this Section, any license holder desiring to renew the license shall <br /> submit a written application to the Clerk on forms provided by the City together with payment in <br /> full of the license fee as required for the original license. The renewal application shall be <br /> forwarded to the Manager who shall,within 30 days after the renewal application date, either <br /> approve or deny the application and shall notify the Clerk in writing of the decision. The Clerk <br /> shall then issue the license or, in case of denial,notify the applicant in writing of the denial <br /> setting forth the reason or reasons therefor. <br /> 575.09 Appeal to Council. Any applicant may appeal the denial of a license or a license renewal <br /> by filing a written notice of appeal to the Council in the Clerk's office within 10 days after the <br /> denial. The Council shall hear the appeal within 60 days after the notice is filed, and opportunity <br /> shall be given to any person to be heard in favor of or opposing the issuance or renewal of the <br /> license. The Council.may order and conduct such additional investigation as it deems necessary. <br /> Any licensee is authorized to continue to operate until final action by the Council upon licensee's <br /> renewal application,unless prohibited by Council resolution made after the.denial. <br /> 575.10 License Not Transferable, Duration. Each license shall be issued to the applicant only <br /> and shall not be transferable to another holder. Any change in the persons named as partners on <br /> the application, as required by paragraph C.1 of Subsection 575.03 and any change in the persons <br /> who are named in the application as required by paragraph DA of Subsection 575.03 shall be <br /> deemed a transfer for purposes of this Section. If the licensee is a limited partnership, a change <br /> in the limited partners of.less than 25%cumulatively over the license period shall not be deemed <br /> a transfer. The change in or addition of a vice-president, secretary, or treasurer of a.corporate <br /> -6- <br />