(a) The license of a massage practitioner or a massage establishment permit may be revoked, suspended or denied renewal based upon any one or more of the following grounds:
(1) Licensee/permit holder failed to submit necessary renewal paperwork;
(2) Falsification of any of the information required for the application or failure to fully complete the application;
(3) Failure to cooperate with health or safety inspections as required by applicable City of Middletown codes, or as required by any provision of this Chapter;
(4) Any person named on the application is under the age of 18 if applying for a massage practitioner license and/or under the age of 21 if applying for massage establishment permit;
(5) The licensee/permit holder has been found guilty of fraud in conducting the business of massage practitioner or massage establishment, or of fraud or deceit in obtaining a license/permit to conduct such business;
(6) The licensee/permit holder has been convicted or plead guilty within the last ten years in a court of competent jurisdiction to a violation of R.C. Chapter 2907, or violation of any municipal ordinance that is substantially equivalent to any offense contained in R.C. Chapter 2907, or any offense involving moral turpitude, whichever is applicable;
(7) The applicant has been convicted or plead guilty to any offense involving the use of force or violence upon another person;
(8) The applicant has been convicted or plead guilty to any offense involving theft;
(9) The licensee/ permit holder is guilty of false, fraudulent, misleading or deceptive advertising;
(10) The licensee/ permit holder is engaged in the business of a massage practitioner or massage establishment under a false or assumed name, or is impersonating another practitioner of a like or different name; and/or
(11) The licensee/permit holder has violated any provisions of this Chapter.
(b) Notwithstanding the provisions of division (a) above, the license of a massage practitioner or a massage establishment permit shall be revoked or denied renewal if the licensee/permit holder has been convicted of any offense committed outside the City or the State of Ohio which if committed in the City or the State of Ohio would constitute a felony, or any misdemeanor involving moral turpitude having a reasonable relationship to the functions of a massage practitioner or a massage establishment licensee.
(c) Notwithstanding the provisions of division (a) above, the permit of a massage establishment may be revoked or denied renewal if within a 12-month period, the permit holder or agent, employee or independent contractor of the massage establishment, while on the premises of such establishment commits any felony offense, or a misdemeanor offense involving moral turpitude having a reasonable relationship to the functions of a massage practitioner or a massage establishment.
(d) If the Police Chief or their designee determines that probable grounds exist for denial, suspension or revocation of a license/permit under this section, the Police Chief or their designee shall notify the applicant or licensee/permit holder (respondent) in writing of the intent to deny, suspend or revoke the license/permit, including the grounds therefor, by personal service or certified mail. The notification shall be directed to the most current business address on file with the City. Within ten working days of receipt of such notice, the respondent may provide to the Police Chief or their designee a written response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. If a response is not received by the Police Chief or their designee in the time stated or, if after review the Police Chief or their designee finds that grounds exist for denial, suspension, or revocation, then such action shall become final and notice of such final action shall be sent to the applicant or licensee/permit holder. Upon timely receipt of a written response from the respondent, if the Police Chief or their designee finds that no grounds exist for denial, suspension, or revocation of a license/permit then the Police Chief or their designee shall withdraw the intent to deny, suspend, or revoke the license/permit and shall so notify the respondent of such action in writing by personal service or certified mail.
(Ord. O2021-36, passed 5-4-2021)