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(a) Grounds for Suspension or Revocation. The Director may revoke or suspend any Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit, after a hearing, if the Director finds:
(1) Facts sufficient to support the denial of such permit on any ground set forth in Section 29.29; or
(2) The permittee or the permittee’s agent, employee, or independent contractor has refused to permit a lawful inspection of its business premises or its operations, or has interfered with City staff in the performance of an inspection such as by threatening them, touching them, or intentionally delaying their entry to the premises of the Massage Business; or
(3) The permittee or the permittee’s agent, employee, or independent contractor has engaged in any conduct in connection with the operation of the business that violates the operating requirements set forth in this Article 29, any rules or regulations related to Massage Business operations, or any State or local laws relating to the practice of Massage or the operation of a Massage Business; or
(4) The Director determines that such Massage Business is being managed, conducted, or maintained without regard for public health or the health of clients or employees, or without due regard for proper sanitation and hygiene; or
(b) The Director may not suspend or revoke a Massage Business permit under this Article 29 until the Director has issued a Notice of Violation and provided the Massage Business and the owner of the property upon which the Massage Business is located an opportunity to be heard and respond as provided in Section 29.43 of this Article 29.
(c) Notwithstanding subsection (b) of this section 29.33, the Director may suspend summarily any Massage Business permit issued under this Article 29 when, in the judgment of the Director, an extreme public health hazard requires such summary suspension. The Director shall provide written notice of such summary suspension to the permit holder by hand delivery, registered mail, or electronic mail. No more than three days after written notice of such summary suspension is given, the Director shall issue a Notice of Violation identifying the alleged acts or failures to act that constitute the basis for the summary suspension, and provide the Massage Business an opportunity to be heard and respond as provided in Section 29.43 as to why the summary suspension should end. However, the time for hearing and decision shall be accelerated as follows: Upon a timely request for a hearing, the Director shall set any requested hearing within seven days, unless time is extended by mutual agreement of the affected parties; and the Director, or a designated hearing officer who shall have the same authority as the Director to hear and decide the case, and make any orders consistent with this Article 29, shall issue a decision on the summary suspension within three days after hearing.
(d) If the Permittee appeals a decision by the Director or hearing officer upholding a summary suspension to the Board of Appeals, the summary suspension shall remain in effect until a final decision is issued by the Board of Appeals. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee appeals to the Board of Appeals, shall remain in effect until a final decision is issued by the Board of Appeals.
(Added as Sec. 1921 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.21 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)