(a) Any license issued under this chapter may be suspended by the Township Clerk for a period not to exceed ninety days upon the investigation, recommendation, and approval of the Chief of Police, Building Official, or health inspector for any violation of this chapter by the licensee. The Township Clerk may also summarily suspend any license issued under this chapter for failure to provide the application information required by this chapter, or any other application-related offense or omission, until such time as the offense or omission is remedied by the licensee.
(b) Any establishment license issued under this chapter may be suspended by the Township Clerk for a period not to exceed 90 days upon the investigation, recommendation, or approval of the Chief of Police, for a violation of this chapter by an agent or employee of the massage establishment, provided the violation occurred on the massage establishment premises.
(c) Notice of suspension may be given by delivering the same to the licensee or applicant on file with the Township, by personally delivering the same to the establishment, or by first class mail, depositing the same in the United States mail, postage prepaid, addressed to the licensee at the address stated on the license application, and the notice shall be deemed given upon deposit of the notice in the United States mail.
(d) Suspension of a license shall be given effect ten days after written notice thereof is given to the licensee. The notice shall include the same information required elsewhere in this chapter for informing an applicant that a license application has been denied.
(e) Any suspension ordered by the Township Clerk may be appealed to the Zoning Board of Appeals by submitting a written request to the Township Clerk within ten days of the issuance of notice of such suspension.
(f) An appeal for any suspension hereunder shall automatically stay any suspension pending the outcome of the appeal, unless the Chief of Police, Fire Chief, or Building Official determines that continued operation under the license would pose an unreasonable risk to the safety, health, or welfare of a patron, an employee, or the general public, and the Township Clerk approves an immediate suspension based upon such determination. Such immediate suspensions shall only be effective for a maximum period of 72 hours from the time and date of suspension, and may only be extended for one additional 72-hour period by the Township Clerk if the licensee fails to eliminate the hazardous condition during the first suspension period. The Board of Trustees may impose an additional suspension of unlimited duration, upon affording the licensee a due process hearing in a manner substantially similar to the appeal process described in this chapter, if the hazardous condition continues to exist beyond the two administrative suspensions permitted by this subsection.
(g) After the determination of the appeal or if no appeal is taken, the Chief of Police shall have the authority to take possession of the license wherever it may be found and hold the same until the suspension period has passed, and to post one or more conspicuous notices on the premises that one or more licenses have been suspended.
(Ord. 376. Passed 6-16-08; Ord. 423. Passed 6-13-16; Ord. 477. Passed 3-28-22.)