(A) Revocation of permits. Whenever the Chief of Police has probable cause to believe that a permittee hereunder has conducted or carried on the business of a massage establishment in violation of the provisions of this chapter; has made a materially false statement on his application for a permit hereunder; has committed any crime of violence against another person or any crime involving lewdness, indecent exposure, or prostitution; has violated any law relating to or regulating such business; or is conducting or maintaining such business without due regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene, the Chief of Police shall, in addition to other remedies provided in this chapter, immediately give the permittee written notice, by certified special delivery mail, of a hearing to be held by the Chief of Police within five days after the date of such mailing to determine whether or not the permit should be revoked. Such notice shall state the date, time, and place of the hearing and contain a statement of the facts upon which the Chief of Police has acted in calling the hearing. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to the facts upon which the Chief of Police proposes to revoke the permit, and any other facts which may aid the Chief of Police in determining whether the provisions of this chapter have been violated, and whether any of the acts set forth in this section have occurred. If, after such hearing, the Chief of Police finds that any or all of such acts have occurred, he shall, within two days after the hearing, serve, by certified mail upon the permittee and all interested persons participating in the hearing and requesting such statement, a written statement of the facts upon which he bases such finding and shall immediately revoke the permit.
('63 Code, § 6-14.10)
(B) Appeal.
(1) Within five days after receiving notification by certified mail that his permit hereunder has been revoked, any permittee may file with the City Clerk a written notice of appeal from such revocation, addressed to the Council, requesting a public hearing before the Council on the appeal and stating therein written exceptions to the findings of fact upon which the Chief of Police based his revocation of the permit. Such exceptions shall include, but not be limited to, statements why the permittee believes the Chief of Police acted improperly or failed to act properly. Upon the filing of such notice of appeal, the Council shall fix a time, date, and place for a public hearing thereon and shall send, by certified mail to the permittee, a notice of the time, date, and place of the hearing. The hearing shall be held at a regular meeting of the Council not more than 14 days after the date on which the notice of appeal was filed with the City Clerk. At the hearing, the permittee may present evidence in support of his stated exceptions and the reissuance of his permit. Any interested party, including the Chief of Police, may, in the discretion of the Council, be allowed to participate in the hearing and present evidence in support of, or in opposition to, the revocation. The burden of proof shall be on the Chief of Police. No later than 15 days after the conclusion of the hearing the Council, by resolution, shall make findings of fact and either affirm or reverse the revocation of the permit by the Chief of Police. The Council, in such resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions filed to the original findings of fact by the Chief of Police upon the revocation. A copy of such resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same.
(2) The Council's decision by such resolution shall be final and conclusive.
('63 Code, § 6-14.11) (Ord. 211-C.S., passed 6-22-73)