(a) Any permit issued for a massage establishment may be revoked or suspended by the Director of Planning after a hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where an employee of the permittee, including a masseur or masseuse, is engaged in any conduct at the permittee's place of business which violates any of the provisions of this chapter or any State law which provides for criminal prosecution, and the permittee has actual or constructive knowledge of such violation or the permittee should have actual or constructive knowledge by due diligence, or where an applicant has made a false statement on an application for a permit under this chapter, or in any case where the permittee or licensee refused to permit any duly authorized building inspector or police officer to inspect the premises or the operations therein.
(b) Any violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension of the permit for not more than thirty days, or permanent revocation of the permit if any criminal activity has taken place.
(c) The Community Development Director may revoke or suspend any permit, and shall give the permittee written notice of the grounds for said revocation or suspension within five (5) working days of the revocation. Such notice shall be mailed to the person to whom the permit was issued at the address shown on the permit application. Any person aggrieved by a decision of the Community Development Director in regard to the revocation or denial of a permit shall have the right to appeal to the Board of Building and Zoning Appeals. Such appeal shall be submitted and heard according to the rules and procedures of the Board. Such appeal must be filed within ten (10) days of receipt of the written notification of such denial or revocation. After a hearing on the matter, the Board may sustain, disapprove, or modify such order. Such decision by the Board constitutes a final appealable order and is subject to appeal under Ohio R.C. 2506.01.
(d) The City of Mentor shall deny any application for a permit to operate a massage establishment or revoke a previously issued permit for any of the following reasons:
(1) Any fraud, misrepresentation or false statement or other falsification of any of the information required for the application or failure to fully complete the application;
(2) Failure to cooperate with any required health or safety inspection;
(3) Any one of the persons named on the application is under the age of eighteen;
(4) Any one of the persons named on the application has been convicted of or pleaded guilty to any violation of Ohio R.C. Chapter 2907, or violation of any municipal ordinance, in Ohio, that is substantially equivalent to any offense contained in Ohio R.C. Chapter 2907 within five years preceding the application;
(5) Any masseur or masseuse employed at the licensed massage establishment has been convicted of or pleaded guilty to a violation of Division (D) of Ohio R.C. 503.42;
(6) Any fraud, misrepresentation or false statement made in connection with the operation of the establishment and during inspections of the establishment to determine conformance with this chapter;
(7) Any violation of this chapter.
(Ord. 04-O-63. Passed 7-6-04; Ord. 18-O-075. Passed 9-4-18.)