A. If the business license official determines that a massage business is operating in violation of this chapter, (which is deemed in the entirety of this section to include a violation of a license condition and/or a violation of the rules and regulations adopted pursuant to this chapter), the business license official may issue a notice of business license violation to the massage business, the owner of real property where the violation occurred, and/or any other persons the business license official deems responsible for causing the violation.
B. The notice of business license violation shall include the following information:
1. That the business license official has made a determination the massage business has operated in violation of this chapter;
2. The alleged acts or failures to act that constitute the basis for the business license official's determination;
3. That the business license official intends to take enforcement action against the massage business, owner of real property, and/or any other person deemed responsible for causing the violation(s), and the nature of that action, including the administrative penalty and enforcement costs to be imposed, and/or the suspension or revocation of the massage establishment license(s);
4. That the massage business, owner of real property, and/or any other person deemed responsible for causing the violation(s) has the right to request a hearing before the administrative hearing officer for the city, and that said request for a hearing must be made in writing within ten (10) calendar days after the notice of business license violation is served. Service shall be in accordance with section 1-16B-3.
C. If no request for a hearing is filed with the business license official within the appropriate period, the right to request a hearing shall be deemed waived, and the business license official's determination shall become final and effective ten (10) calendar days after the notice of business license violation is served. The business license official shall issue an order imposing the enforcement action, and shall send the order to the persons served with the notice of business license violation. In subsequent civil proceedings, such violations shall be deemed not to have been corrected. Where no hearing is timely requested, an order suspending or revoking a license is final. The failure of the person on whom the notice of business license violation is served to request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude the person from obtaining judicial review of the validity of the enforcement action. (Ord. 2019-24, 9-10-2019)