(A) A massage business permit may be revoked or suspended in any case where any of the provisions of this chapter are violated, or where any of the provisions of this chapter are violated, or where any employee of the licensee, including a masseur, is engaged in any conduct which violates any of the state laws or local ordinances at permittee’s place of business and the permittee has actual or constructive knowledge by due diligence. Such revocation proceedings shall be as prescribed by division (C) of this section.
(B) A masseur’s permit may be revoked or suspended where it appears that the masseur has been convicted of any offense which would be cause for denial of a permit upon an original application, or has made a false material statement on an application for a permit. Such revocation proceedings shall be as prescribed by division (C) of this section.
(C) Any massage business or masseur’s permit may be suspended or revoked by the City Council of the City of Wake Village after notice and a hearing for any cause set forth in this section. The Police Chief or his or her authorized agent shall initiate such proceedings by petition to the City Secretary in writing setting forth specifically the grounds for suspension or revocation and, if a suspension, the length of time for which the suspension is requested. A copy of the petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, against setting forth the specific grounds upon which the Police Chief’s petition is based, shall be given in writing by the City Secretary through certified United States mail to the permittee at his or her last known address at least five days prior to the date set for a hearing. The City Council shall, by majority vote, determine whether or not the permit shall be suspended or revoked and such action shall be final and conclusive.
(D) Any applicant denied a permit shall have the right of appeal to City Council. Such appeal shall be taken by filing with the City Secretary within ten days after notice of the denial has been mailed to the person’s address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The City Secretary shall provide for a Council Hearing on such appeal at the earliest convenient regular Council Meeting and shall notify the appellant and the Police Chief of the date and time of such Council Hearing in the same manner as provided in division (C) of this section. The Council shall, by majority vote, either sustain the action of the Police Chief or issue the permit.
(Ord. 12-81, passed 9-14-1981)