A. The city manager may revoke approvals issued under this chapter for one or more of the following reasons:
1. The applicant practiced fraud or deceit in obtaining an approval under this chapter.
2. The massage establishment owner, operator, employee, or any person performing or engaging in the practice of massage, violated a provision or provisions of this chapter or of the Massage Therapy Act.
3. The facilities and operations of the massage establishment are not maintained in compliance with the provisions of this chapter, and the owner or operator has failed to promptly remedy any deficiency for which they have received a notice of violation. For purposes of this provision, "notice" means notice given personally to an owner or operator of the massage establishment; notice delivered to the massage establishment premises; or notice mailed to an address provided in the business license application.
4. The massage establishment has employed, allowed, or permitted a person who was not certified by the CAMTC to perform massage services at the massage establishment, unless otherwise permitted pursuant to this chapter's massage therapy permit requirements.
5. An independently employed certified massage practitioner or therapist is no longer in possession of a current and valid CAMTC certificate or permitted pursuant to this chapter's massage therapy permit requirements.
6. The approval was issued in error.
B. The city manager shall cause a notice of revocation to be mailed by first class certified mail, postage prepaid, to the address provided in the business license application.
C. A person issued a notice of business license revocation may request a public hearing on the issue by submitting a written request for such hearing to the city clerk within ten (10) days of the mailing of the notice. As soon as practicable after receiving the hearing request, the city manager's office shall set a date for the hearing before the hearing officer. At such hearing, all persons interested shall be given an opportunity to be heard. The public hearing shall take place before the hearing officer, who shall hear all facts and testimony he or she deems pertinent. The hearing officer shall not be limited by the technical rules of evidence.
D. Following the revocation hearing, the hearing officer may find that the facts do or do not support a revocation of a business license and may order that a business license be revoked if the facts justify such determination. The hearing officer shall render his or her decision within fifteen (15) days of the conclusion of the hearing, unless the parties agree otherwise. The hearing officer shall notify the licensee in writing of the decision. The decision of the hearing officer shall be final.
(Ord. 423 § 1, 2023)