Any license for a massage establishment may be suspended by the village manager for up to thirty (30) days where the licensee has violated any of the provisions of this chapter or if any employee of the licensed establishment is engaged in conduct at the establishment which violates any provision of this chapter or any applicable state law. Such license may also be suspended where any applicant has made a false statement on an application for a license under this chapter or in any case where the licensee refused to permit any duly authorized police officer or inspector of the village to inspect the premises or the operations therein. Such license may also be suspended by the village manager, upon the recommendation of the health officer, that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene.
The manager may include in his order of suspension a request that a hearing be held before the license review commissioner for the purpose of considering the revocation of the license. Should the notice of suspension include a request for revocation, a hearing date before the commission shall be set by the commissioner, which hearing shall be held no later than thirty (30) days from the date of the notice of suspension. The license holder may request a hearing, in writing, before the license review commission to appeal any order of suspension. Upon receipt by the commission of a request for a hearing, the order of suspension shall be stayed.
The license review commission shall conduct the requested hearing and hear all relevant evidence relating to the notice of suspension and/or request for revocation. The license review commissioner shall render a written decision within five (5) days rescinding the suspension, affirming the suspension, revoking the license or such other findings and order as the commissioner deems appropriate including a reduction or increase in the amount of days suspended and an assessment of fees.
(Ord. 3151, 12-11-2007)