(A) Any person who violates any provision of this chapter for which another penalty is not specifically provided shall, upon conviction, be subject to the general penalties provided for in § 110.99(A) of this title.
(B) Every act or omission, of whatsoever nature, that constitutes a violation of any of the provisions of this chapter, by any officer, director, manager, employee, massage therapist, or other agent of any massage establishment licensee, shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if the act or omission had been committed or omitted by the licensee personally. Accordingly, any such act or omission by any such persons that constitutes a violation of the provisions of this chapter, shall, for purposes of determining whether the licensee's massage establishment license should be revoked, suspended or renewed, be deemed to be the act or omission of the licensee.
(C) The city may suspend a license for a period not to exceed 30 days, if it is determined that the licensee, or any employee of a licensee, has violated or is not in compliance with this chapter, the city's building and zoning codes, or other codes and ordinance or regulations of the city, county or the state of Illinois. In addition, the Mayor or a designee may order the immediate suspension of all massage activities at any massage establishment pending a hearing hereunder, if the administrator determines that there is an immediate danger to the public health, safety or welfare, or if the license had been suspended within the previous 48 months. The Mayor or a designee may also condition any requested continuance of the hearing hereunder upon temporary suspension of the business of the massage establishment.
(D) The city may suspend or revoke a license if it is determined that:
(1) A licensee violates or is not in compliance with this chapter, the city's building and zoning codes, or other codes and ordinances or regulations of the city, county or state of Illinois;
(2) A licensee gave false or misleading information in the material submitted to the city during the application process;
(3) A licensee knowingly allows any specified criminal act or any specified sexual activity, as defined herein, or knowingly solicits any such act on the licensed premises or in the presence of any patron;
(4) A licensee knowingly conducts massage activities in the city during a period of time when its license was suspended;
(5) An individual or individuals on the licensed premises commits and is convicted of any specified criminal act, as defined herein, which substantially occurred in or about such licensed premises, and the individual or individuals convicted were either employees of the licensee or were under the supervision or control of the licensee at the time the offense(s) was (were) committed. The fact that a conviction is being appealed shall have no effect on the revocation of the license;
(6) A licensee is delinquent in payment to the city for ad valorem taxes, water charges or sales taxes related to the massage establishment; or
(7) A licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises, allows an employee, patron or any other person to violate any of the provisions or requirements of this chapter or the provisions or requirements of the license issued pursuant hereto.
(E) When the city revokes a license, the revocation shall continue for one year; and the licensee shall not be issued a license for one year from the date revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, an applicant may be granted a license, if at least 90 days have elapsed since the date the period of revocation was completed.
(F) If the city determines that cause may exist for the suspension or revocation of a license, the City Administrator shall notify the licensee in writing that its license will be suspended or revoked, setting forth the reasons therefor, and advising the licensee of his or her right to a hearing. Unless a hearing is requested, the notice shall become final and effective on the eleventh business day following receipt of the notice by the licensee. Any hearing shall be conducted by the Mayor or a designee. The purpose of the hearing will be to offer the licensee an opportunity to show cause why the license should not be suspended or revoked. A record shall be made of the public hearing, by electronic recording or otherwise as determined by the Mayor or a designee; and documents may be submitted and/or testimony given, either in person or through sworn affidavit. The Mayor or a designee shall have the power to administer oaths and to continue the hearing from time to time to permit the licensee to provide additional information. Within 28 days of the close of the hearing, the Mayor or a designee shall render a decision containing written findings of fact and issue an appropriate order. A copy of such order shall be promptly served upon the licensee. If the Mayor or a designee determines that the license should be revoked or suspended, the suspension or revocation shall take effect immediately upon receipt unless otherwise specified in the order. The decision of the Mayor or a designee shall be the final administrative action of the city with respect to the license and shall be subject to immediate appeal to the Circuit Court. Such appeal to the Circuit Court shall be filed by the licensee not later than 35 days following receipt of the Mayor or a designee's findings and order. Failure to timely file such appeal as provided herein shall render the Mayor or a designee's decision final.
(Ord. 08-37, passed 11-11-08; Am. Ord. 14-16, passed 4-8-14)