(a) The license of a massage practitioner or of a massage establishment may be revoked, suspended or denied renewal upon any one or more of the following grounds:
(1) The licensee is guilty of fraud in conducting the business of massage practitioner or massage establishment or of fraud or deceit in obtaining a license to conduct such business;
(2) The licensee has been convicted within the last 10 years in a court of competent jurisdiction of a felony, or any misdemeanor offense involving moral turpitude and having a reasonable relationship to the functions of a massage establishment licensee or a massage practitioner, whichever is applicable;
(3) The licensee is guilty of untrue, fraudulent, misleading or deceptive advertising;
(4) The licensee is engaged in the business of massage practitioner or massage establishment under a false or assumed name, or is impersonating another practitioner of a like or different name; and
(5) The licensee has violated any of the provisions of Chapter 840.
(b) Notwithstanding the provisions of subsection (a) above of this section, the license of a massage practitioner or a massage establishment shall be revoked or denied renewal if the licensee has been convicted of any offense committed outside this state or city which if committed in this state or city would constitute a felony, or any misdemeanor involving moral turpitude and having a reasonable relationship to the functions of a massage practitioner or a massage establishment licensee.
(c) Notwithstanding the provisions of subsection (a) above of this section, the license of a massage establishment shall be revoked or denied renewal if within a 12 month period, a licensee or agent, employee or independent contractor of the massage establishment while on the premises of such establishment commits any felony offense, or any misdemeanor offense involving moral turpitude and having a reasonable relationship to the functions of a massage practitioner or a massage establishment licensee.
(d) If the City Manager determines that probable grounds exist for denial, suspension, or revocation of a license under § 840.12(a) through 840.12(c), the Manager shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal service, or by certified mail. The notification shall be directed to the most current business address on file with the City Manager. Within ten working days of receipt of such notice, the respondent may provide to the City Manager in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. If a response is not received by the City Manager in the time stated or, if after review the City Manager finds that grounds exist for denial, suspension, or revocation, then such action shall become final and notice of such final action sent to the applicant or licensee. If the City Manager finds that no grounds exist for denial, suspension, or revocation of a license then the City Manager shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the respondent in writing by delivery, or by certified mail of such action.
(e) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action within 14 working days to the City Council who shall have the authority to sustain, amend, or reverse the decision of the City Manager.
(Ord. 05-19, passed 5-12-2005)