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(A) A dance, massage technician or massage establishment permit may be revoked or modified or conditions may be imposed for failure of the permittee to comply with applicable laws and regulations, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit. If a massage technician permit is revoked, the massage technician identification badge shall also be revoked.
(B) Any person, including a city officer or employee, may file with the license collector a written request for revocation or modification of a permit, stating facts showing that the permittee failed to comply with applicable laws, regulations or permit conditions.
(C) If the request is filed by a city officer or employee on behalf of a city service provider, the request shall be accompanied by a written report, stating wherein the permittee has not complied with applicable laws, regulations or permit conditions and recommending that the permit be revoked or in what respect the permit should be modified or conditioned.
(D) If the request is not filed by a city officer or employee, the request shall be accompanied by the investigation and report fee set by resolution of the city council. On receiving the request and fee, the license collector shall refer the request to the appropriate city service provider for investigation and report. The service provider shall give a written report to the license collector, stating whether the permittee has complied with applicable laws, regulations or permit conditions and recommending whether and in what respect the permit should be revoked, modified or conditioned.
(E) If the report referred to in subsection (D) of this section states no basis on which the permit should be revoked, modified or conditioned, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit will not be revoked, modified or conditioned and stating the reasons for that decision.
(F) If the report referred to in subsections (C) or (D) of this section states that the permittee has not complied with applicable laws, regulations or permit conditions and recommends revocation, modification or conditioning of the permit, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit is recommended for revocation, modification or conditioning in a specific manner and stating the reasons for that recommendation. The notice shall inform the permittee that the recommendation will be adopted and the permittee will be deemed to concur with the recommendation if the permittee does not make a written request for a hearing as provided in subsection (G) of this section.
(G) On receiving the notice referred to in subsection (F) of this section, the permittee may make a written request for a hearing. The request must be received by the license collector within 14 days after the license collector mailed the notice of recommended revocation or modification to the permittee and be accompanied by the hearing fee set by resolution of the city council. The request for hearing shall attach a copy of the notice of recommended revocation, modification or conditioning received by the permittee and shall state the reasons that the permittee alleges the notice to be incorrect.
(H) If a timely request for hearing, accompanied by the hearing fee, is received by the license collector, the procedure set out in subsections (I) through (N) of this section shall apply. If such a request is not so received, the license collector shall mail to the permittee a notice that the recommended revocation, modification or conditions have been adopted.
(I) The license collector shall send the request for hearing to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the permittee.
(J) The hearing shall be open to the public.
(K) A representative of the city shall first present evidence to justify the proposed revocation, modification or conditioning of the permit. Thereafter, the permittee may present evidence. The burden of proof to justify revocation, modification or conditioning of the permit is on the city.
(L) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(M) Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall give such decision to the license collector, who shall keep the decision with the application for the permit.
(N) The permittee may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 12-1.15) (Ord. No. 2386, 2412, 2493, 2811)
An applicant whose application for a permit is denied, or a permittee whose permit is modified or revoked, whether or not the denial, revocation or modification was heard by a hearing officer, may not apply for the same type of permit for six months after the decision by the license collector or the hearing officer, unless the applicant or permittee demonstrates changed circumstances sufficient to justify issuance of the permit.
(`64 Code, Sec. 12-1.16) (Ord. No. 2386)
A permit shall be effective to allow the permittee to exercise the privileges conferred by the permit only after the license collector has issued a written permit. Issuance of a permit does not relieve the permittee of the continuing duty to meet the requirements of other applicable laws and regulations, including the Uniform Building, Electrical, Plumbing, Mechanical and Fire Codes, as adopted and modified by the city.
(`64 Code, Sec. 12-1.17) (Ord. No. 2386)
(A) Unless otherwise specified in the permit, dance, massage technician and massage establishment permits issued shall remain in effect until modified or revoked or until the activity for which the permit was issued ceases to be provided at the same address or facility or by the same permittee.
(B) If an expiration date is specified in the permit, the permit shall expire on that date. Unless the permit was issued for a specific event or events, a massage technician permit issued before January 1, 2012, a massage establishment permit issued before January 1, 2012, and any dance permit may be renewed in the following manner:
(1) Dance and massage establishment permits may be renewed by submitting to the license collector a renewal application, accompanied by the renewal fee set by resolution of the city council, no later than 30 days before the date the permit expires.
(2) Massage technician permits may be renewed by submitting the following to the license collector:
(a) A renewal application, accompanied by the renewal fee set by resolution of the city council, no later than 30 days before the date the permit expires;
(b) Proof of successful completion of a written practical examination administered by a certificant certified by the National Certification Board for Therapeutic Massage and Bodywork dated within one year of the date the renewal application is submitted or a certificate issued by the National Certification Board for Therapeutic Massage and Bodywork.
(C) Submittal of a renewal application less than 30 days before the date the permit expires or after the date the permit expires does not keep the permit in effect. Such an application shall be accompanied by the fee for an original application and be processed in the same manner as an original application.
(`64 Code, Sec. 12-1.18) (Ord. No. 2386, 2811, 2823, 2851)
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