A. The applicant or permittee, as the case may be, within ten (10) business days after the date of denial of an application for a permit under Article I hereof, or notice of revocation, may file an appeal with the City Clerk to be taken to the Hearing Officer. In the event an appeal of a revocation is timely filed, and the grounds for revocation are those set forth in § 5.220.410, then a suspension of the permit shall be in effect until the final decision has been rendered by the hearing officer.
B. If the applicant or permittee fails to timely file an appeal, then the denial/revocation shall take effect immediately upon expiration of the appeal filing period. No permit shall be revoked until after a hearing has been held before the Hearing Officer to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the Hearing Officer.
C. Notice of such hearing shall be given in writing and mailed at least ten (10) days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the massage establishment application. The notice shall state the grounds for denial or revocation, and the time and place where such hearing will be held.
D. After the hearing, the Hearing Officer shall render a written decision within ten (10) business days from the date the matter is submitted for decision. The action of the Hearing Officer shall be final and conclusive.
(Ord. 1136, passed 4-6-10) Penalty, see § 5.220.450