(A) When any of the provisions of this chapter are violated by the licensee, or an employee, manager, massage therapist, or independent contractor of the massage establishment; and/or when any licensee, employee, manager, massage therapist, or independent contractor of the licensee is engaged in any conduct that violates any state law or City ordinance; or upon notification from the Macomb County Health Department that the massage establishment is being managed, conducted, or maintained without regard for proper sanitation and hygiene; or for any other good cause relating to the health, safety, and welfare of the public, the community, and/or the personnel of the massage establishment; the City Clerk may immediately suspend the massage establishment license for a period not to exceed 90 days. The City Clerk may also summarily suspend any license issued under this chapter for failure to provide the application information required by this chapter, or any other application-related offense or omission, until such time as the offense or omission is remedied by the licensee.
(B) Notice of suspension may be given by delivering the same to the licensee, by delivering the same to the establishment, or by depositing the same in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the licensee at the address stated on the license application, and the notice shall be deemed given upon deposit of the notice in the United States mail.
(C) Suspension of a license shall be given effect ten days after written notice thereof is given to the licensee. However, a suspension may be immediate for conditions or actions that constitute criminal acts or pose an immediate threat to the public health, safety, and welfare of the community, patrons, employees, or others. Written notice shall be provided to the licensee, or an owner or manager, within 72 hours of the suspension order. Posting of the notice on the public entrance of the massage establishment shall suffice to honor the 72 hour written notice requirement, along with delivery of the notice by first class mail to the licensee's address. The notice shall include the same information required elsewhere in this chapter for informing an applicant that a license application has been denied.
(E) A request for a hearing for any suspension hereunder shall automatically stay any suspension pending the outcome of the hearing, unless the basis for the suspension involves a criminal act or the Chief of Police, Fire Chief, or Building Official determines that continued operation under the license would pose an unreasonable risk to the safety, health, or welfare of a patron, an employee, or the general public, and the City Manager approves an immediate suspension based upon such determination. Such immediate suspensions shall only be effective until the hearing is concluded or a revocation is imposed.
(F) After the determination of the hearing or if no hearing is requested, the Chief of Police shall have the authority to take possession of the license wherever it may be found and hold the same until the suspension period has passed, and to post one or more conspicuous notices on the premises that the massage establishment license has been suspended.
(Ord. No. 468, § 1, 2-4-20)