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Any massage establishment, escort service or nude modeling studio can be closed by the Board of Public Safety for failure to comply with this chapter:
(A) Upon notification by the Board of Public Safety of a denial or revocation of a permit, the applicant or permittee may, within ten days, request a hearing by written notice to the Board. During those ten days a current permitted massage establishment, escort service or nude modeling studio may remain open. If no hearing is requested, the establishment permit will stand denied or revoked.
(B) When a hearing is set by the Board of Public Safety the applicant or permittee shall receive, with not less than 20 days written notice, a notice of the charges made, as well as time and place where the hearing will be held. A current permitted massage establishment may remain open until notified of the hearing results or 30 days, whichever is less.
(C) At a hearing conducted pursuant to this section, the applicant or permittee shall have the right to be represented by counsel, to present witnesses, to testify and cross examine any other witnesses, and to subpoena witnesses. Proceedings shall be conducted under oath.
(D) If any decision adverse to the applicant or permittee is made by the Board of Public Safety after a hearing as provided above, the Board of Public Safety shall provide the applicant or permittee with a written decision, as well as a notice of the applicant's or permits's right to appeal to the courts of the State of Indiana.
('74 Code 7-7) (Ord. S-46-87, passed 3-10-87; Am. Ord. 06-99, passed 5-25-99; Am. Ord. G-16-07, passed 6-12-07)