(A) Permits issued under the provisions of this article may be suspended temporarily by the Department for violation of this article. There is no property right in a permit.
(B) If a permit holder fails to comply with any notice or request issued under the provisions of this article, the permit holder must be notified in writing ("written notice") that the permit is immediately suspended. The written notice must also contain a statement informing the permit holder that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City Clerk's office within 15 days from receipt of notice.
(C) Any person whose permit has been suspended may apply for a replacement permit. Within 10 days following receipt of a written request for a replacement permit, including a statement signed by the applicant that in his or her opinion the conditions causing the suspension have been corrected, and submission of the appropriate reinspection fees, the Department shall reinspect the body art establishment or evaluate documentation provided by an operator. If the applicant is complying with the provisions of this article, the Department may in its discretion issue a replacement permit.
(D) For serious or repeated violations of any of the requirements of this article or for interference with the Department in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Department. Before taking such an action, the Department shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising the permit holder of the requirements for filing a request for a hearing. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
(E) The Department may permanently revoke a permit following service of a notice of revocation unless a request for a hearing is filed with the City Clerk's office within 15 days from receipt of notice.
(F) The hearings provided for in this section shall be conducted by the Independent Hearing Officer in accordance with the provisions In the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(G) A nonrefundable hearing fee of $50.00 shall accompany each request for a hearing conducted by the Department pursuant to this Section.
(Ord. 33-1998; Am. Ord. 38-2002; Am. Ord. 2023-015)