(a) Order to comply. The Director may order a licensee to comply with the provisions of this Chapter. The County Attorney may file an action in any competent court to enforce an order under this Section or to enjoin any violation of this Chapter.
(b) Denial, suspension, revocation. The Director may deny, suspend, or revoke a license under this Chapter if the Director finds, after a hearing for which written notice has been given, that an applicant or licensee has:
(1) made a material false statement on an application for an initial or renewal license;
(2) obtained a license by fraud or deceit;
(3) failed to conform to the provisions of this Chapter;
(4) refused lawful entry to any person authorized to enforce this Chapter; or
(5) failed to comply with an order under this Section.
(c) Summary closing.
(1) The Director may summarily suspend or revoke a license under this Chapter if the Director finds that the tanning facility presents an immediate threat to the public health or safety.
(2) If the Director summarily suspends or revokes a license under this Section, the Director must:
(A) give the licensee written notice as soon as possible; and
(B) hold a hearing within 48 hours after receiving a written request for a hearing from the licensee.
(d) Reinstatement. Any person whose license has been suspended or revoked under this Section may apply to the Director for reinstatement of the license. Upon receipt of an application for reinstatement, the Director must inspect the tanning facility and must reinstate the license if the tanning facility conforms to the provisions of this Chapter.
(e) Notice. Notice to an applicant or licensee under this Section is effective if:
(1) served personally on the applicant or licensee;
(2) mailed by certified mail to the applicant or licensee;
(3) posted on the door of the residence of the applicant or licensee; or
(4) posted on the door of the tanning facility.
(f) Appeal. Any person aggrieved by a denial, suspension, or revocation under this Section may file an appeal with the Montgomery County Board of Appeals within 10 days after receipt of the denial, suspension, or revocation. An order to comply is not appealable under this subsection. The filing of an appeal does not stay an action under this Section unless the action expressly provides for a stay upon appeal. (1987 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 13, § 1.)