A permit issued for a massage establishment may be revoked or suspended by the Mayor in any case where a provision of this chapter is violated or an employee of the permittee, including a masseur or masseuse, is engaged in any conduct at such permittee's place of business which violates a provision of this chapter or any State law which provides for imprisonment, and such permittee has actual or constructive knowledge of such violation or should have actual or constructive knowledge by due diligence, or where an applicant has made a false statement on an application for a permit under this chapter, or in any case where a permittee refuses to allow a duly authorized police officer or code inspector of the City or the County to inspect the premises or the operations therein, after due notice of such inspection. Such permit may also be revoked or suspended by the Mayor upon the recommendations of the Health Department that such business is being managed, conducted or maintained without regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene.
A violation of any of the provisions of this chapter by an employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of the permit. If a violation is found to exist at any time within twelve months of a suspension, the permit shall be revoked.
The Mayor must notify a permittee at least ten days prior to the effective date of any suspension or revocation. Notice shall be sent by registered mail, properly addressed with postage affixed, to the address of the permittee contained in the permittee's application. The notice shall be in writing and shall specify the violation.
During such ten-day period, the permittee may appeal the Mayor's decision to Council by requesting a hearing thereon, in writing. A properly filed request shall suspend the effective date of the suspension or revocation until the date of Council's decision, which decision shall be final on the part of the City. Council may sustain, reverse or modify, but not increase, the Mayor's order of revocation or suspension.
(Ord. 435. Passed 1-16-78.)