(A) Violation and noncompliance. The Police Chief may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section.
(B) Revocation and suspension of operator permit.
(1) The Police Chief may revoke or refuse to renew a permit if he or she makes any of the findings for denial of a permit under § 119.08(A), finds violation(s) of § 119.08(B)(1) or (B)(6), upon any subsequent violation of any provision within one year following prior suspension under division (B)(2) of this section or upon demonstrated inability to operate or manage the massage establishment in a law-abiding manner, thus necessitating action by law enforcement officers.
(C) Revocation and suspension of massage practitioner permit.
(1) The Police Chief may revoke or refuse to renew a massage practitioner permit if he or she makes any of the findings for denial of a permit under § 119.10(A), finds violation(s) of § 119.10(B)(1), (B)(2), or (B)(6), or upon any subsequent violation of any provision of this chapter within one year following a suspension under division (C)(2) of this section;
(D) Notice. When the Police Chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residential address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, and the right of the applicant or permit holder to appeal the decision to the City Council, and that the decision will be final if no appeal is filed within the time permitted.
(E) Appeal.
(1) The right to appeal shall terminate upon the expiration of 15 days from the date of mailing of the notice. The notice of appeal shall be filed with the Police Department, along with the payment of any hearing fee which may be established by City Council resolution. Any hearing fee shall not exceed the reasonable cost to the city of a hearing.
(2) In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.
(3) The City Manager shall appoint a neutral hearing officer in consultation with the appellant to conduct the hearing, receive relevant evidence and render a decision. The decision of the hearing officer shall be final. The appellant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
(4) Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by U.S. mail, with proof of service attached, to the address listed on the application, or the address given in the notice of appeal, if different.
(5) The following rules and evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths and to receive and rule on admissibility of evidence;
(b) Each party shall have the right to call and examine witnesses, introduce exhibits and cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness;
(c) Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless the testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now or are hereafter permitted in civil actions. Irrelevant collateral and undue and repetitious testimony shall be excluded.
(F) No permit granted herein shall confer any vested right to any person or business for more than the permit period. All operators, managers and massage practitioner subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.
(Ord. 2008-004, passed 3-10-08; Am. Ord. 2024-004, passed 8-27-24)