(a) Any permit issued for a massage establishment may be revoked or suspended by the Building Commissioner 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 imprisonment, 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 refuses to permit any duly authorized police officer or health inspector of the city to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Building Commissioner after hearing, upon the recommendation of the Health Commissioner, when such business is being managed, conducted or maintained without regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene.
(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 30 days in the first instance. Any subsequent violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of the permit.
(c) The Building Commissioner, before revoking or suspending any permit, shall give the permittee at least ten days written notice of the charges against him or her and the opportunity for a public hearing before the Board of Zoning Appeals. The applicant shall file notice in writing with the Building Commissioner of applicant's intention to appeal to the Board. The Board, after public hearing, may sustain, disapprove or modify such order.
(Ord. 99-101. Passed 6-15-99.)