(1) Suspension. The City Council may suspend a license for a period not to exceed 60 days if it is determined that a licensee, an employee, or an individual identified in § 616.04(1)(a) has:
(a) Violated any provisions of this chapter;
(b) Engaged in excessive use of alcoholic beverages or use of illegal drugs while on the premises, or prior to or while administering therapeutic massage services;
(c) Refused to allow an inspection of the premises as authorized by this chapter; or
(d) Demonstrated inability to operate or manage the therapeutic massage business in a peaceful and law abiding manner thus necessitating action by law enforcement officers.
(2) Revocation. The City Council may revoke a license if a cause of suspension in division (1) occurs and the license has been suspended within the preceding 12 months, or if any of the following are true:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee, employee, or individual identified in § 616.04(1)(a) knowingly allowed illegal possession, use, or sale of controlled substances on the premises;
(c) A licensee, employee, or individual identified in § 616.04(1)(a) knowingly operated the therapeutic massage business during a period of time when the licensee's license was suspended;
(e) A licensee permits an employee to perform therapeutic massage services for the therapeutic massage business, when the licensee knows that person has been charged or convicted of any offense listed in § 616.06, or, with respect to that person, if any of divisions (3), (5), or (6) of § 616.06 are true; or
(f) The licensee is delinquent in his or her payments to the city of taxes, fees, fines, or penalties assessed against him or her.
(3) Conviction appeal. A pending appeal of a conviction shall have no effect on, nor an appeal of anything in divisions (3), (5) or (6) of § 616.06 shall have no bearing on, the suspension or revocation.
(4) Neither the charging of a criminal violation nor a criminal conviction is required in order for the City Council or issuing authority to impose an administrative penalty or suspend, deny, or revoke a license.
(5) Previous license infractions. In the event there is a license infraction or a pending citation involving a licensed establishment and/or a licensed massage therapist, the city may, at its option, choose to not take action on any license or renewal application until such infraction or pending citation has been resolved. The applicant for a massage enterprise license or massage therapist license may not be eligible to reapply for a license for a period of five years if the licensee is arrested, charged, or convicted of any violation of this chapter.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)