(a) Any permit issued for a massage establishment may be revoked or suspended by the Auditor after a hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where an employee of the permittee, including a masseur or masseuse, is engaged in any conduct at the permittee's place of business which violates any of the provisions of this chapter or any State law which provides for imprisonment, and the permittee has actual or constructive knowledge of such violation or the permittee should have actual or constructive knowledge by due diligence, or where an applicant has made a false statement on an application for a permit under this chapter, or in any case where the permittee or licensee refused to permit any duly authorized police officer or health inspector of the County to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Auditor after hearing, upon the recommendation of the Health Officer, when such business is being managed, conducted or maintained without regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene.
(b) Any violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension of the permit for not more than thirty days in the first instance. Any subsequent violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of the permit.
(c) The Auditor before revoking or suspending any permit, shall give the permittee at least ten days written notice of the charges against him or her and the opportunity to present evidence before a Review Board. The Summit County Council President shall appoint three, district or at-large, County Council members, to serve on the Review Board. When possible, the President shall include the Council member that represents the district in which the establishment is located. The President may appoint a different Review Board to hear each appeal as necessary. The applicant shall file notice in writing with Council of the applicant's intention to appeal the auditor's decision to the Review Board. The applicant shall file a copy of the appeal with the County Auditor. Council shall schedule such appeal hearing and notify the applicant as to the place, date, and time within thirty days after notification. After a hearing on the matter, the Board may sustain, disapprove, or modify such order. Such decision by the Review Board constitutes a final appealable order and is subject to appeal under Ohio R.C. 2506.01.
(Ord. 94-320. Approved 6-30-94.)