(A) The license of a massage therapy establishment issued pursuant to this chapter may be revoked or suspended by the Chief of Police as follows.
(1) The following shall subject the licensee to revocation:
(a) The licensee, or any agent of the licensee, employs or permits any individual to perform massage therapy on the premises of the licensee's massage therapy establishment or business when the individual does not hold a current valid license to practice massage therapy;
(b) The licensee, or the legal or beneficial owner of any interest in the licensee, is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in § 111.07 above;
(c) The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the use of the term "massage therapy" or "massage" to describe, promote or advertise any type of business activity or service offered which is expressly not a massage as defined in § 111.01, or has otherwise fraudulently engaged in the business or profession of massage therapy; or
(d) The licensee violates § 111.05 above.
(2) The following shall subject the licensee to suspension:
(a) The licensee or any employee of the licensee violates any provision of this chapter other than § 111.05 above which is cause for revocation;
(b) Any employee of the licensee is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in § 111.07; or
(c) The licensee violates any zoning, building or fire prevention ordinance.
(B) The license of a massage therapist issued pursuant to this section may be revoked or suspended by the Chief of Police as follows:
(1) The following shall subject the licensee to revocation:
(a) The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the use of the term "massage therapy" or "massage" to describe, promote or advertise any type of business activity or service offered which is expressly not massage therapy as defined in § 111.01, or has otherwise fraudulently engaged in practicing massage therapy;
(b) The licensee has been convicted of a crime involving sexual misconduct, including those set out in § 111.07;
(c) The licensee has fraudulently obtained a license pursuant to the provisions of this chapter;
(d) The licensee has allowed the use of his or her license by an unlicensed person; or
(e) The licensee has violated § 111.05.
(2) The following shall subject the licensee to suspension:
(a) The licensee or any employee of the licensee violates any provision of this chapter other than § 111.05 which is cause for revocation; or
(b) The licensee is convicted of a violation of the State Controlled Substances Law.
(C) The Chief of Police may, upon notice and an opportunity to be heard, revoke or suspend a license issued pursuant to this chapter. Notice of a hearing shall be given in writing and served at least ten days prior to the date of the hearing. The notice shall state the grounds of the complaint against the license holder and shall designate the time and place where the hearing will be held.
(D) The notice of the hearing may be served by hand delivery, by first class mail, or by leaving the notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion.
(Ord. passed - -, § 14-197)