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An applicant who completes the requirements of § 115.13 above, and submits all of the necessary information required by that section, may obtain a conditional massage therapist permit pending the outcome of the fingerprint check and subject to the following restrictions:
(A) The conditional permit shall only be issued if the applicant has made a prima facie showing that he/she meets all of the requirements for a permit.
(B) The conditional permit shall only be effective until Chief of Police or his/her authorized representatives have had an opportunity to investigate the applicant’s qualifications to hold a permit pursuant to this chapter and to notify the applicant that his/her application for a massage therapist permit has been granted or denied.
(C) If the applicant provides false or misleading information to the Chief of Police, the Chief may automatically terminate the conditional permit. If the Chief of Police automatically terminates a conditional permit, he/she shall notify the holder of his/her decision by certified mail or personal service.
(D) In no event shall such conditional permit be in effect for more than 12 months after the date of its issuance.
(E) A conditional permit shall not be renewed.
(Ord. 653, passed 11-10-14)
The Chief of Police may deny, revoke or suspend any massage therapist’s permit if it is found:
(A) That the applicant for the permit has knowingly or negligently made any false or misleading statement in applying for the permit;
(B) That the applicant or the holder of the permit has been convicted of any offense stated above is § 115.14(B); or
(C) That the applicant or holder of the permit has violated any of the provisions of this chapter.
(Ord. 653, passed 11-10-14)
(A) The Chief of Police shall not deny, revoke or suspend any permit issued under this chapter without notifying the applicant or the 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 holder’s right to request a hearing before the Chief of Police and to present evidence or argument on all facts or issues involved.
(B) A request for a hearing under this chapter 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)
Any person aggrieved by the denial of a permit to operate a massage establishment or a massage therapist’s permit or any renewals required, may request, in writing, a hearing before the Chief of Police, at which hearing such person shall be afforded the opportunity to present evidence.
(Ord. 653, passed 11-10-14)
This chapter does not apply to schools, hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of this state, or to persons working under the direction of any such person or in any such establishment.
(Ord. 653, passed 11-10-14)
Every person, except persons who are specifically exempt by this chapter, whether acting as individual, owner, employee of the owner, operator or employee of operator, or acting as a participant or worker in any way, who performs massage or massage therapy or conducts a massage establishment without first obtaining a permit and paying a fee to the town or shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99