A. Failure of a permittee to comply with any requirement imposed by the provisions of this Chapter (or successor provision or provisions) or pursuant to any term or condition imposed on the massage establishment permit, shall be grounds for non-renewal, suspension, or revocation of the permit.
B. The Permit Administrator may also suspend, revoke, or refuse to renew a massage establishment permit if any of the following conditions exist:
1. A violation of any of the provisions of this Chapter.
2. A permittee, responsible person, manager or any massage technician employed or contracted by the permittee has been convicted of any law specified in §§ 11.07.030 and/or 11.07.040 of this Chapter.
3. The Permit Administrator makes any findings necessary to deny a permit pursuant to § 11.07.040 of this Chapter.
4. Employing or retaining any person to perform massage services who does not hold a current and valid massage certificate issued by CAMTC, pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq. (or successor provision or provisions), or whose certificate is not in good standing.
5. If there have been repeated alleged violations of the terms and conditions of a massage establishment permit or the provisions of this Chapter (or successor provision or provisions), which require ongoing supervision, action, or response by City and County officials, including but not limited to the City's Police Department, which demonstrate that permittee is unable to operate or manage the massage establishment in a law-abiding manner.
C. If the Permit Administrator determines and concludes that a holder of a City-issued massage establishment permit has violated any conditions of its permit, failed to adhere to or fulfill any requirement of this Chapter, failed to meet any of the original grounds for approval, or violated any provision of this Chapter or condition of permit to provide grounds to not renew a permit, or to suspend or revoke a permit, the Permit Administrator shall revoke, suspend or not renew said permit by dated written notice to the permittee.
D. The Permit Administrator shall serve the permittee, either personally or by first class mail addressed to the address listed on the application, with a written notice of nonrenewal, or a notice to suspend or revoke a permit. This notice shall state the reasons for the action, the effective date of the decision, the right of the permittee to appeal the decision to the City Manager, and that the Permit Administrator's decision will be final if no written appeal is timely submitted to, and received by, the City, pursuant to the provisions in § 11.07.100 of this Chapter. This notice will be effective within fifteen (15) calendar days from the date of service of the notice. If an appeal is timely and properly filed in accordance with § 11.07.100, then the effective date of the notice is stayed.
(Ord. No. 2016-009 § 2 (part))