(A) Any massage business or massage therapist permit issued under this chapter shall be subject to suspension for a period not to exceed 30 days for an initial violation of § 114.23, §§ 114.35 et seq., and §§ 114.51 et seq. Upon a second conviction under the provisions of the above sections or for violation of any other provision of this chapter, or upon any grounds that would warrant the denial of issuance of such permit in the first place, any massage business or massage therapist permit shall be subject to suspension of not less than 30 days or revocation by the Police Chief.
(B) Notice of such suspension or revocation shall be given to the massage business or massage therapist permit holder in writing, with the reasons for such suspension or revocation specified in such notice, served either by person service of such notice upon the permit holder, or in the case of a massage business, by posting such notice upon the establishment. The suspension or revocation shall become effective the day following personal service or posting of the notice of suspension or revocation.
(C) The permittee shall have ten days from the date of such suspension in which to file notice with the City Secretary of his or her appeal to the City Council from the order of the Police Chief. The City Secretary shall provide for a Council hearing on such appeal at the earliest convenient regular Council meeting and shall notify the appellant and the Police Chief of the date of such Council hearing. After holding hearing on such suspension or revocation, the Council shall by majority vote either sustain the actions of the Police Chief or issue an order to the Police Chief to reinstate the permit
(D) In the event of the filing of an appeal from a suspension or revocation issued under the provision of this chapter, then, until such appeal has been determined by the City Council, such suspension order shall be stayed.
(E) If the City Council sustains a suspension, then the suspension shall be immediately reinstated and its terms shall run from the date of such City Council action. Appellant shall, however, be given credit for the number of days, if any, that the establishment was closed because of the suspension, but prior to appeal.
(Ord. 13-1095, passed 12-19-2013)