(a) The license of a massage practitioner or of a massage establishment may be revoked, suspended or denied renewal based upon any one or more of the following grounds:
(1) That the licensee is guilty of fraud in conducting the business of massage practitioner or massage establishment, or of fraud or deceit in obtaining a license to conduct such business;
(2) That the licensee has been convicted within the last ten years in a court of competent jurisdiction of a felony, or any misdemeanor offense involving moral turpitude having a reasonable relationship to the functions of a massage establishment licensee or a massage practitioner, whichever is applicable;
(3) That the licensee is guilty of false, fraudulent, misleading or deceptive advertising;
(4) That the licensee is engaged in the business or massage practitioner or massage establishment under a false or assumed name, or is impersonating another practitioner of a like or different name;
(5) That the licensee has violated any provisions of this chapter.
(b) Notwithstanding the provisions of subsection (a) hereof , the license of a massage practitioner or a massage establishment shall be revoked or denied renewal if the licensee has been convicted of any offense committed outside the City or the State of Ohio which if committed in the City or the State of Ohio would constitute a felony, or any misdemeanor involving moral turpitude having a reasonable relationship to the functions of a massage practitioner or a massage establishment licensee.
(c) Notwithstanding the provisions of subsection (a) hereof, the license of a massage establishment shall be revoked or denied renewal if within a twelve month period, a licensee or agent, employee or independent contractor of the massage establishment, while on the premises of such establishment commits any felony offense, or a misdemeanor offense involving moral turpitude having a reasonable relationship to the functions of a massage practitioner or a massage establishment licensee.
(d) If the designee of the City Manager determines that probable grounds exist for denial, suspension or revocation of a license under this section, the designee of the City Manager shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by delivery, or by certified mail. The notification shall be directed to the most current business address on file with the City. Within ten working days of receipt of such notice, the respondent may provide to the designee of the City Manager a written response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. If a response is not received by the designee of City Manager in the time stated or, if after review the designee of City Manager finds that grounds exist for denial, suspension, or revocation, then such action shall become final and notice of such final action shall be sent to the applicant or licensee. Upon timely receipt of a written response from the respondent, if the designee of the City Manager finds that no grounds exist for denial, suspension, or revocation of a license then the designee of the City Manager shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the respondent in writing by delivery, or by certified mail, of such action.
(e) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal the final decision within fourteen days of receipt of written notification of such action, sent by certified mail, to the City Manager, who shall have the authority to sustain, amend, or reverse the decision of his designee.
(Ord. 97-2. Passed 1-9-97.)