(A) No license under this chapter shall be revoked until after due notice and a hearing shall have been held before the Town Council to determine just cause for revocation. The burden of proving just cause for revocation shall be on the town. Notice of the hearing shall be given in writing and served at least 10 days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of the license and shall designate the time and place where the hearing will be held.
(B) The notice shall be served by the Police Department upon the license holder by delivering the same personally 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. In the event the license holder cannot be found, and the service of the notice cannot be otherwise made in the manner herein provided, a copy of the notice shall be mailed, registered, postage fully prepaid, addressed to the license holder at his or her place of business or residence at least 10 days prior to the date of the hearing.
(C) The license of a massage therapist issued pursuant to this chapter may be revoked upon 1 or more of the following grounds:
(1) The licensee has violated any provision of this chapter;
(2) The licensee has been convicted of a crime involving sexual misconduct, including those set out in § 115.04(C)(5);
(3) 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, or has otherwise fraudulently engaged in practicing massage therapy;
(4) The licensee has fraudulently obtained a license pursuant to the provisions of this chapter;
(5) The licensee allows the use of his or her license by an unlicensed person; or
(6) The licensee is addicted to the habitual use of alcohol, narcotics or other drugs, to an extent as to incapacitate the person for the safe and normal performance of his or her professional duties.
(D) A license of a massage therapy establishment issued pursuant to this chapter may be revoked upon 1 or more of the following grounds:
(1) The licensee has violated any provision of this chapter;
(2) The licensee, or any agent of the licensee, employs and/or permits any individual to perform massage therapy on the premises of the licensee’s massage therapy establishment when that individual has not been issued the privilege license required by § 115.04;
(3) The licensee, or the legal or beneficial owner of any interest of the licensee, is convicted of any crime involving sexual misconduct, including but not limited to those set out in § 115.04(C)(5);
(4) Any employee of the licensee is convicted of any crime involving sexual misconduct, including but not limited to those set out in § 115.04(C)(5);
(5) 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, or has otherwise fraudulently engaged in the business or profession of massage therapy; or
(6) The licensee violates any zoning, building or fire prevention ordinance.
Penalty, see § 115.99