A. Any license issued pursuant to this article shall be subject to revocation or suspension, whenever the holder thereof shall violate any of the provisions of this article or other applicable ordinances of the city of Warr Acres relating to massage establishments.
B. Upon commencement of revocation and suspension proceedings, the council shall set a time and place for the hearing of the matter.
C. The licensee shall be given notice of the time, place, nature of the revocation or suspension hearing to be held, and a description of the violation asserted. Such notice shall be served personally or by mailing by first class U.S. postal service mail, certified, with return receipt requested, to the last address furnished to the city by the licensee, said mailing occurring at least ten (10) days prior to the hearing.
D. The city council may preside over the hearing or, in the alternative, may appoint a hearing officer, which may be a council member, or a special committee of the council, to preside over such hearing.
E. The hearing officer or the chairman of the special committee shall have the power to administer oaths and issue subpoenas.
F. All evidence shall be recorded stenographically or by electronic recording device. If the hearing is before a hearing officer, the officer shall prepare a summary of the evidence and shall make recommendations in writing to the city council within ten (10) days after the close of the hearing. A copy of this summary and recommendation shall be transmitted to the licensee. At its next regularly scheduled meeting following the receipt of such summary and recommendations, the council shall consider same. In its discretion, the council may reject the hearing officer's recommendation, or may refer the matter back for further proceedings, or may adopt the recommendation, with or without modification, or may order a new hearing before the entire council.
G. The city clerk may summarily suspend any license now or hereafter issued to any person pursuant to this article whenever the holder thereof shall be convicted of a violation of any provisions of this article under which such license was issued or whenever, in the judgment of the city clerk, the public welfare requires the same. Any person may appeal to the city council from the action of the city clerk in summarily suspending any such license. Appeal from the city clerk's suspension of the license shall be to the city council under the procedures hereinbefore stated.
H. It shall be unlawful and an offense for any person to carry on or engage in the business, as herein described in this article, while any suspension or revocation is in effect. (Ord. 1093, 2010)