(A) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds:
(1) A massage practitioner is no longer in possession of current and valid CAMTC certification. This division shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.
(2) An owner or sole proprietor fails to register under the provisions of Cal. Penal Code § 290 (sex offender registration), is convicted of Cal. Penal Code §§ 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Cal. Penal Code §§ 11225—11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense that, if committed in this state, would have been punishable as one or more referenced offenses in this division.
(3) The city determines that a material misrepresentation was included on the application for a certificate of registration or renewal.
(4) Violations of any of the following occurred on the premises of a massage business or were committed by a massage practitioner: Cal. Business and Professions Code Sections 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.
(B) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by personal service or certified mail, with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the Chief of Police.
(C) Time period of suspension of permit. The Chief of Police may suspend a registration for a period between five days and the end of the license term, at his or her discretion.
(D) Effective date of suspension or revocation. Suspension or revocation issued pursuant to division (B) of this section will be effective ten days from the date appearing on the order, unless a timely appeal is filed in accordance with division (E) of this section.
(E) Appeal.
(1) The decision of the Chief of Police is appealable to the City Council.
(2) An appeal must be in writing, and hand-delivered or mailed to the City Manager’s office.
(3) An appeal must be received by the City Manager on or before the effective date of suspension or revocation provided by division (D) of this section.
(4) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the City Council.
(5) A hearing shall be scheduled before the City Council within 30 days. Either the appellant or the Police Chief may request, in writing directed to the City Council, a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the City Council, which shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.
(6) The decision of the City Council shall be final, with no further administrative right of appeal or reconsideration. The City Council may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension, and/or reduce the length of a suspension. Further, the City Council may stay the effective date of any suspension for a reasonable time following a hearing.
(F) Re-application. No re-application will be accepted within one year after a certificate is revoked.
(G) Evidence. The following rules shall apply to any hearing required by this section. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the registrant in any hearing or other matter under this chapter.
(Ord. 19-02, passed 6-18-2019)