Subd. 1. Suspension or Revocation. A hearing officer, on behalf of the City Council may impose an administrative penalty, suspend or revoke a license issued pursuant to this subsection, at its discretion, for:
1. A violation related to fraud, misrepresentation, or false statement contained in a license application or a renewal application;
2. A violation related to fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business;
3. Any violation of this section or state law;
4. A violation by any licensee or individual that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time;
5. Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community;
6. If the owner, manager, lessee, or any of the employees are found to be in control or possession of an alcoholic beverage, a narcotic drug, or controlled substance on the premises, other than drugs which may be purchased over the counter without a prescription or those for which the individual has a prescription. Alcohol products for use under subsection 395.11, Subd. 14, used in direct conjunction with massage therapy, are exempt from this section.
7. If the holder of an enterprise license fails to maintain with the issuing authority a current list of all employees of such licensed premises. The list shall include all massage therapists licensed under this section;
8. A material variance in the actual plan and design of the premises from the plans submitted;
9. Neither the charging of a criminal violation nor a criminal conviction is required in order for the hearing officer on behalf of the council or issuing authority to impose an administrative penalty or suspend, deny, or revoke a license; or
10. In the event of multiple massage enterprise locations, any license suspension/revocation shall apply to any and all massage enterprise locations within the city.
Subd. 2. Notice and Hearing. A revocation or suspension by the hearing officer, on behalf of the City Council, shall be preceded by written notice to the licensee. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
Subd. 3. Ability to Reapply after Revocation. The holder of a massage enterprise license or massage therapist license may not reapply for a new license for a period of five years if their license is revoked under this section.
Subd. 4. Ability to Reapply after Denial. The applicant for a massage enterprise license or massage therapist license may not reapply for a license for a period of five years if the applicant's license has previously been denied due to fraud, misrepresentation, or false statement contained in a previous license or renewal application.
Subd. 5. Previous License Infractions. In the event there is a license infraction or a pending citation involving a licensed establishment and/or a licensed massage therapist, the city may, at its option, choose to not to take action on any license or renewal application until such infraction or pending citation has been resolved. The applicant for a massage enterprise license or massage therapist license may not be eligible to reapply for a license for a period of five years if the licensee is convicted of any violation of the ordinance.
(Ord. 2024-01, passed 2-14-2024)