Loading...
(a) Any license issued according to this chapter may be revoked by the Township Clerk for the following reasons, in addition to or independent of the reasons set forth in Section 850.11:
(1) Upon the investigation, recommendation, and approval of the Chief of Police, or his or her representative, for any violation of this chapter by the licensee;
(2) The licensee is no longer able to satisfy the requirements to obtain a license;
(3) The license has been suspended three times in a ten year period; or
(4) There has been misrepresentation or withholding of information upon the original or renewal of the license applications.
(b) Notice of revocation may be given by delivery to the licensee or applicant on file with the Township, by personal delivery 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. If the notice is mailed, it shall be deemed delivered upon deposit of the notice in the United States mail.
(c) The revocation shall be effective ten days after written notice delivered to the licensee. The notice of revocation shall include the same information required elsewhere in this chapter for informing an applicant that a license application has been denied.
(d) Any revocation issued under this chapter may be appealed to the Zoning Board of Appeals.
(e) An appeal of any revocation shall automatically stay the revocation 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.
(f) Following the determination of an appeal or if an appeal is not taken, the licensee shall return all copies of the license to the Township Clerk, and the Chief of Police may take possession of the license wherever it may be found.
(Ord. 376. Passed 6-16-08; Ord. 423. Passed 6-13-16; Ord. 477. Passed 3-28-22.)
(a) Within ten days of issuance of notification of suspension, revocation, or denial of a license according to this chapter, an applicant may request, in the form of a written application to the Township Clerk, a reconsideration hearing before the Zoning Board of Appeals. Such application may request either reconsideration of the suspension, revocation, or denial, or a variance of any of the provisions or requirements of any law, ordinance, code, or regulation the violations of which constituted grounds for the suspension, revocation, or denial, or both.
(b) The appeal must state specifically the applicant's reasons for believing the actions of the applicable Township official were erroneous, and a copy of the decision or notice complained of should be attached to the appeal.
(c) The appeal hearing shall be conducted in accordance with the provisions in the Code of Ordinances. At the hearing, the appellant and the appellant's attorney may present a statement and evidence showing:
(1) That there are exceptional or extraordinary circumstances or conditions applying to the proposed massage establishment or massage therapist/myomassologist applicant referred to in the appeal application submitted to the Township Clerk, which circumstances or conditions do not apply generally to any proposed massage establishment or massage therapist/ myomassologist; and/or
(2) That the granting of such massage business license or massage therapist/myomassologist’s license will not, under the circumstances of the particular case, have a material adverse effect upon the health, safety, or welfare of the persons residing or working in the neighborhood or attending any massage establishment, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the Township at large.
(d) In all cases where the Zoning Board of Appeals grants a variance of any provision or requirements of this chapter, or otherwise relaxes or overturns an administrative decision to suspend, revoke, or deny, the Zoning Board of Appeals shall condition its order in any manner it deems necessary or desirable and which will be in harmony with the general purpose and intent of this chapter, and which will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(e) In no event shall the Zoning Board of Appeals grant a variance or relax or overturn an administrative decision where the suspension, revocation, or denial is based upon the occurrence of criminal acts, fraud, dishonesty, or other acts of moral turpitude, if established at the hearing by a simple preponderance of the evidence.
(Ord. 376. Passed 6-16-08; Ord. 423. Passed 6-13-16.)
The licensing provisions of this chapter shall not apply to hospitals, nursing homes, medical clinics, or sanitariums that offer massage treatment for medical purposes to persons admitted for medical reasons, nor shall they apply to persons holding a valid, unrevoked certificate to practice medicine under the laws of the State, or to persons holding a valid, unrevoked license or certificate of registration issued by the State, such as members of the following professions: nursing, physical therapy, occupational therapy, cosmetology performing facial massage only, barber performing facial massage only, licensed medical doctor or other medical, osteopathic, or chiropractic professional, or any individual working under the direct supervision of such a person when performing the duties of such professionals, or an athletic trainer administering a massage in the normal course of training duties. Nevertheless, if such persons administer massage services at a massage establishment, such establishment must still be licensed as required by this chapter. In addition to meeting the licensing requirements in this chapter, a massage therapist/myomassologist must also provide proof of professional liability insurance as required by this chapter. Massage programs/schools licensed as proprietary by State of Michigan and North Central Accreditation are also exempt.
(Ord. 376. Passed 6-16-08; Ord. 423. Passed 6-13-16.)
Loading...