(A) Upon determining that grounds for revocation or suspension exist, as set forth in § 9.44.080, the Community Development Director shall furnish written notice of the proposed revocation or suspension to the Alhambra massage establishment registry holder. The notice shall summarize the principal reasons for the proposed revocation or suspension, shall state that the Alhambra massage establishment registry holder may request a hearing within 15 days of the postmarked date on the notice, and shall be delivered by mailing the notice to the location of the massage establishment (and the person designated for service on the registry, if different) and the property owner. Within 15 days after the mailing of the notice, the Alhambra massage establishment registry holder may file a request for hearing with the Community Development Director. If the request for a hearing is timely filed and the appropriate fee is paid, the Community Development Director shall schedule the suspension/revocation hearing.
(B) Upon timely receipt of a written request for a hearing, the Community Development Director shall conduct a hearing within 60 days of the filing of the request. The hearing may be continued upon the mutual consent of the parties. Notice of time and place of the hearing shall be given to the Alhambra massage establishment registry holder by mailing the notice to the location of the massage establishment (and the person designated for service on the registry, if different) and the property owner at least 15 days in advance of the date set for the hearing. At the hearing, the Director shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of the evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions.
(C) At the conclusion of the hearing, the Community Development Director shall have 15 days to decide whether the grounds for revocation or suspension exist and shall submit a written report with its conclusions. If the Community Development Director determines that any grounds for revocation or suspension exist, as provided in § 9.44.080 of this chapter, the Director shall revoke or suspend the Alhambra massage establishment registry. A copy of the decision shall be mailed to the massage establishment and to the person designated for service on the registry, if different, and the property owner. The resolution shall provide notice of the right to appeal the decision. Within 15 days after the mailing of the notice, the Alhambra massage establishment registry holder may file a request for an appeal hearing with the City Clerk. An application for an appeal must include a general statement specifying the basis for the appeal and the specific issue of the decision being appealed. An appeal must be accompanied by supporting evidence substantiating the basis for the appeal and the appropriate fee for an appeal hearing. The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal statement.
(D) If a timely appeal is filed, the effect of the Community Development Director’s decision will be stayed pending the hearing officer’s resolution of the matter unless the Community Development Director specifically finds that the public health and safety is endangered.
(E) The appeal hearing before the hearing officer shall be conducted as described above for appeal hearings in §§ 9.44.060(E)(2) through (E)(10). Notice of the appeal hearing and decision shall also be mailed to the property owner.
(F) Upon revocation of an Alhambra massage establishment registry, the massage establishment shall immediately cease operation and surrender the Alhambra massage establishment registry, and, if so ordered by the Community Development Director, no other massage establishment shall be permitted to operate at that location by any person for a period of one year. If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of the revocation and the period of prohibition shall be provided by the Community Development Director to the property owner.
(Ord. 4687, passed 5-9-16; Am. Ord. 4735, passed 5-14-18)