(A) Any license issued for a massage establishment may be suspended by the Village Manager for a period of time not to exceed ten days after sending written notice by certified mail, return receipt requested, to the license holder, which notice will state a cause therefor, which cause shall be any violation of this chapter (including any violation of this chapter or of the applicable ordinances of the village by a licensed certified massage therapist for which the massage establishment license holder is responsible), any violation of other applicable ordinances of the village or any change in the circumstances or status of the license holder which would render the license holder ineligible for the issuance of an original massage establishment license. The license holder may request a hearing within ten days of receipt of the notice before the Village Manager. Upon receipt of a request for a hearing, the Village Manager shall set a date for the hearing within 15 days of his or her receipt of the request and shall notify the applicant in writing by certified mail, return receipt requested. The Village Manager shall conduct the hearing. The license holder shall be permitted to present any relevant evidence bearing on the suspension. No suspension contemplated hereunder shall take effect until the lapse of any period of time in which the massage establishment license holder may request a hearing, or the completion of any hearing on such notice of suspension requested by said license holder, as the case may be. The decision of the Village Manager shall be a final appealable order.
(B) The Village Manager may also recommend revocation of the massage establishment license to the corporate authorities. The Village Manager shall notify, in writing, by certified mail, return receipt requested, the license holder of his intent to make a recommendation to the corporate authorities regarding the revocation of the massage establishment license and state a basis or charge to the licensee, which basis or charge shall be any violation of this chapter (including any violation of this chapter or of the applicable ordinances of the village by a licensed certified massage therapist for which the massage establishment license holder is responsible hereunder), any violation of other applicable ordinances of the village or any change in the circumstances or status of the license holder which would render the license holder ineligible for the issuance of an original massage establishment license. Within ten days of receipt of such notice, the licensee may request a hearing before the Village Manager. Upon receipt of a request for a hearing, the Village Manager shall set a date for the hearing within 15 days of his receipt of the request and shall notify the applicant in writing by certified mail, return receipt requested. The Village Manager shall conduct the hearing. The licensee shall be permitted to present any relevant evidence or argument bearing on the recommendation for revocation. After the hearing, the Village Manager shall within ten days thereof submit his recommendation to the corporate authorities and provide the licensee prior written notice of his recommendation. The President and Board of Trustees shall review the record and recommendation and make a decision as to the revocation of the license not later than 15 days after their receipt of the Village Manager's recommendation and record in support thereof. The decision of the President and Board of Trustees shall be a final appealable order.
(C) Any violation of this section by any employee or independent contractors of the licensee including employees or independent contractors who are certified massage therapists may be cause for suspension or revocation of the license as provided for herein.
(Ord. 97-01, passed 10-3-01)