(A) (1) Upon written notification of revocation of a license or certificate of occupancy, a massage therapist or massage therapy establishment shall have ten days to request a hearing before the Mayor and City Council to appeal the revocation. All requests for hearings shall be in writing and submitted to the City Manager within the aforementioned time.
(2) If no written request for a hearing is made within ten days of notification, the license or certificate of occupancy shall be deemed revoked.
(B) The license or certificate of occupancy of a massage therapist, issued pursuant to this chapter may be revoked upon one 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 § 112.15;
(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 as defined in § 112.02, or has otherwise fraudulently engaged in practicing massage therapy;
(4) The licensee has fraudulently obtained a license or certificate of occupancy pursuant to the provisions of this chapter;
(5) The licensee allows the use of his or her license or certificate of occupancy by an unlicensed person; or
(6) The licensee is addicted to the habitual use of alcohol, narcotics or other drugs, to such an extent as to incapacitate such person for the safe and normal performance of his or her professional duties.
(C) A license or certificate of occupancy of a massage therapy establishment issued pursuant to this chapter may be revoked upon one 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 the individual has not been issued the privilege license or certificate of occupancy required by § 112.16, or whose license or certificate of occupancy has been revoked;
(3) The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in § 112.15;
(4) Any employee of the licensee is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in § 112.15;
(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 as defined in § 112.02, 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.
(Ord. 1990-65, passed 11-5-90)