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Regular City Council Meeting Monday, June 19, 2017 Page 27 checks as done with liquor establishments. Councilmember McGehee opined that the license owner should be responsible for what occurs in their establishment. Specific to having the establishment owner responsible for those working there, Mayor Roe responded that the city was the entity issuing the license, opining that that proposal wouldn't solve anything. Councilmember Laliberte agreed with Mayor Roe, opining that it wouldn't put the city in a very good position under those circumstances. Mayor Roe noted that for a massage therapist, the proposed ordinance language discussed prior convictions, non-compliance and/or fraudulent statements as part of the criteria. Therefore, Mayor Roe asked if the city wanted to deny an applica- tion should any of that criteria and/or disapproval or revocation in other jurisdic- tions be found, seeking that if so it be specifically pointed out. City Attorney Gaughan responded that any action on this topic could be permitted unless found to be arbitrary or capricious. However, Mr. Gaughan suggested that the question should be "why" this body may wish to revoke, not approve or not renew a license based on another jurisdiction's revocation. As an example, Mr. Gaughan asked if that included all revocations, such as if due to their not paying a filing fee. Mayor Roe asked if the applicant could appeal a denial; with City Attorney Gaughan advising that that would be an option if the city chose to included the appeal process as part of ordinance language. Councilmember Etten noted that the purpose in amending current code was to move from a specific situation where an applicant may not yet be convicted at the time but a series of issues remain pending, and how to address those situations if a background check doesn't reveal them. With no statewide database available for these establishments and therapists, Councilmember Etten noted that this is the city's only option or stopping point to address inappropriate behavior in their role as a massage therapist. Councilmember Etten questioned if an appeal process al- lowed for that or if there was a way to easily designate that. Mayor Roe noted language stating a license "may be denied" making it up to city staff's discretion to determine whether there was a basis for denial if prior revoca- tions or denials were due to nonpayment of a fee, as well as based on other crite- ria; and suggested additional language to add "may be considered" as part of that consideration. Councilmembers Etten and Laliberte spoke in support of that additional language. Councilmember Etten asked that additional language be provided prior to adop- tion; with Councilmember Willmus stating his support for moving forward to-