(A) (1) Any massage establishment permit or massage therapist’s permit granted under this chapter shall be revoked by the Director, after notice and hearing, if the permittee (if the permittee is a partnership or association, any partner or member thereof, or if the permittee is a corporation, any officer, director, or shareholder owning 10% or more of its capital stock):
(a) Has been convicted, pleaded nolo contendere, or suffered a forfeiture on a charge of violating any provision of VA Code §§ 18.2-346 through 18.2-349, 18.2-355 through 18.2-361, 18.2-368, or 18.2-370, which laws relate to sexual offenses, or any provision of a similar ordinance of the town or law or ordinance of another jurisdiction;
(b) Has been convicted, pleaded nolo contendere, or suffered a forfeiture on a charge of violating any provision of this chapter relating to massage establishments, or on a charge of violating a similar law in any other jurisdiction;
(c) Has made a false statement on the application for the permit; or
(d) Has failed to make the report required by § 112.08.
(2) Notice of the hearing before the Director for revocation of the permit shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, by certified mail, to the permittee’s last known address, at least ten days prior to the date set for the hearing.
(B) If the Director finds that a massage establishment for which a massage establishment permit has been issued under this chapter does not conform to the standards set forth in this chapter, or that the permittee has refused the Director or other authorized person the right to enter the premises to enforce the provisions of this chapter, the Director may enter an order for the immediate suspension of the massage establishment permit until such time as he or she finds that the reason for such suspension no longer exists. The order shall set forth the reasons for the suspension. A copy of the order shall be sent to the permittee at his or her place of business by certified mail. The permittee shall be afforded an opportunity to be heard by the Director within 12 days after the suspension. Notice of the hearing shall be mailed, by certified mail to the permittee’s business address, at least ten days prior to the date set for the hearing. No person shall operate a massage establishment when subject to an order of suspension.
(1998 Code, § 14-160) (Ord. passed 6-23-1997) Penalty, see § 112.99