(A) The Chief of Police may deny, revoke or suspend any massage establishment permit if it is found:
(1) That the applicant or holder of a permit has knowingly or negligently made any false or misleading statement in applying for the permit;
(2) That the applicant, holder of the permit or any person directly engaged in the operation or management of the massage establishment has been convicted of any offense stated above in § 115.04(C)(4), and/or has had a permit to operate a massage establishment or massage therapist permit suspended or revoked in this or any other state;
(3) That such conviction, suspension or revocation occurred less than three years prior to the date of the application;
(4) That the applicant, holder of a permit or any person engaged in the operation or management of the massage establishment has violated any of the provisions of this chapter; or
(5) That the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the town to inspect the premises or the operation therein.
(B) The Chief of Police shall not deny, revoke or suspend any permit issued under this chapter without notifying the applicant or holder of the permit, in writing, of the facts and other specific section or sections of this chapter upon which a determination was made, and of the applicant or holder’s right to request a hearing before the Chief of Police and to present evidence or argument on all facts or issues involved.
(C) A request for a hearing shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon, provided however, that if the Chief of Police finds that the public health, safety and welfare requires emergency action and incorporates a finding to that effect in his/her notice, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues shall be promptly determined.
(Ord. 653, passed 11-10-14)