(A) Subject to the procedures set forth in this section, the Chief of Police may suspend or revoke a permit, or determine not to renew an operator permit, issued pursuant to this chapter whenever the Chief of Police determines that any of the following has occurred:
(1) The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner contrary to the provisions of this code;
(2) The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner which constitutes a public nuisance;
(3) The permittee, or an employee or independent contractor working on the premises, is conducting operations in a manner which is detrimental to the health, safety, or welfare of the city or its inhabitants;
(4) There is substantial evidence of prostitution;
(5) The permittee, or any employee or independent contractor working on the premises, has engaged in disqualifying conduct; or
(6) The Chief of Police makes any of the findings that would have justified denying the application in the first instance.
(B) If, in the discretion of the Chief of Police, an alleged violation is minor and capable of correction and there have not been previous violations by the operator or the massage establishment, then prior to suspension or revocation a written notice may be given to the permittee of the alleged violation(s) involved to allow a period of time to correct the alleged violation(s). Such period shall not exceed five business days, at the end of which period, an inspection shall be conducted to determine whether the alleged violation(s) has been corrected. For purposes of this section, written notice shall include a notice of violation, an administrative citation, or a criminal citation.
(C) If the Chief of Police determines that an alleged violation is not minor or capable of correction, that an alleged violation(s) continues without correction, or that there have been previous violations of this chapter, even if for different reasons, then the Chief of Police may issue a notice of suspension or revocation, along with an administrative or criminal citation. Examples of a violation which will be determined by the Chief of Police to be not capable of correction include but are not limited to substantial evidence of prostitution activity on the massage establishment premises or an immediate threat to public health, safety, or welfare.
(D) Notice of suspension, revocation or non-renewal. A notice of suspension or revocation, or a notice of non-renewal of an operator permit, shall contain a statement of the violation(s) which constitutes the basis for the suspension or revocation, notice of the right to appeal to the City Manager in accordance with § 122.34, and notice that a failure to appeal shall constitute a failure to exhaust administrative remedies. If an alleged violation is capable of correction, the notice shall also advise the permittee to correct the alleged violation(s) within the time to respond.
(E) Unless the notice provides otherwise, the effective date of the suspension or revocation shall be the deadline to file an appeal, or, if an appeal is filed, the date that notice of a decision suspending or revoking a permit is served.
(F) Where all massage activity is required to cease, notice shall also be served on the owner of the property if different from the operator or certificate holder.
(G) The notice shall include information about the right to appeal.
(H) Surrender of certificate of operation and permits. Any permittee shall immediately surrender his or her permit to the Chief of Police upon the effective date of its suspension or revocation. The operator shall immediately surrender the certificate of operation upon revocation of an operator permit if there is no other permitted operator for the massage establishment.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 609-C.S., passed 2-18-14; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)