If the department shall determine that the bathing or swimming place, for which a permit is applied, is or may be maintained continually in a clean, sanitary and healthful manner, and will not constitute or become a menace to the public health, promote immorality, or be a public nuisance, it shall notify the applicant for such permit under what conditions and restrictions, if any, the department will issue a permit. Thereupon, if the said applicant then shall desire such permit, and shall agree to comply with the restrictions and conditions prescribed by the department, the department shall issue the permit.