(A) Grounds. Pursuant to the procedures set forth herein, the Massage Business Commissioner may suspend for not more than 30 days, or revoke, any massage establishment license if the Massage Business Commissioner, based upon credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this chapter, the massage establishment license issued pursuant hereto, or the provisions of the village zoning ordinance applicable to the licensed premises.
(2) The licensee:
(a) Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the village for issuance or renewal of any massage establishment license; or
(b) Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee's behalf.
(3) The licensee or any massage therapist practicing at the licensed premises has committed a felony, specified criminal act, or specified sexual activities on the licensed premises.
(4) The licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises or the massage establishment, allows, a massage establishment employee, a massage establishment patron, or any other person to:
(a) Violate any of the provisions or requirements of this chapter or the provisions or requirements of the massage establishment license issued pursuant hereto;
(b) Commit any felony or specified criminal act on the licensed premises; or
(c) Commit any specified sexual activity.
(5) The licensee, or any person identified pursuant to § 122.05 becomes disqualified for the issuance of a license or permit.
(6) The licensee is delinquent in payment to the village for taxes or utility charges related to the massage business.
(7) Any massage therapist practicing at the licensed establishment commits any act in violation of state or local laws on the premises.
(B) Procedure. A massage establishment license may be suspended for not more than 30 days, or revoked, pursuant to the terms and conditions set forth in this section.
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under this section may exist, the Massage Business Commissioner shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in their application. A copy of this notice shall also be sent to the fee simple owner of the licensed premises as shown on licensee's application. The written notice shall, at a minimum: (i) state that Massage Business Commissioner has determined that the massage establishment license may be subject to suspension or revocation; (ii) identity the specific grounds for the Massage Business Commissioner's determination; and (iii) set a date for a hearing regarding the Massage Business Commissioner's determination as to the possibility of suspension or revocation of the massage establishment license. The date of the hearing shall be no less than five days after service of the Massage Business Commissioner's notice, unless an earlier or later date is agreed to by the licensee and the Massage Business Commissioner.
(2) Suspension of massage business pending hearing. The Massage Business Commissioner may order the immediate suspension of all massage activities at any massage establishment or by any massage therapist pending the hearing set forth herein where the Massage Business Commissioner determines that there is an immediate danger to the public health, safety or welfare; or where the license had been suspended within the previous 48 months. In addition, the Massage Business Commissioner may condition any continuance of the hearing upon suspension of massage business at any massage establishment or by any massage therapist.
(3) Hearing. The hearing shall be conducted by the Massage Business Commissioner. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Massage Business Commissioner for suspending or revoking the license and the village and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the massage establishment license pursuant to this chapter shall be made part of the hearing record. Provided, the Massage Business Commissioner may designate a hearing officer to schedule, convene and conduct the public hearing. In such case, the hearing officer shall have the same powers as the Massage Business Commissioner to conduct the hearing. Where such designation has been made, the hearing officer shall submit proposed findings and recommendations to the Massage Business Commissioner within seven days of the close of the hearing. Within 14 days after the close of the hearing, the Massage Business Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision.
(4) Notice and effective date of suspension or revocation. The Massage Business Commissioner's written decision shall be posted at the office of the Massage Business Commissioner and shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in their application. In addition, a copy of such order shall be mailed to the fee simple owner of the licensed premises. Any suspension or revocation, as the case may be, shall take effect on the day that the Massage Business Commissioner's written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this section.
(5) Surrender of license. Upon the suspension or revocation of a massage establishment license pursuant to this chapter, the Massage Business Commissioner shall take custody of the suspended or revoked license.
(Ord. 1945, passed 11-5-18)