§ 9.12.120. Revocation of permit.

A.

Revocation for Cause: Notice of Revocation. The sheriff may revoke an establishment permit or out call massage business permit for good cause. Before the sheriff revokes a permit, the sheriff shall provide written notice of the revocation by personal delivery or certified mail. The notice shall provide for revocation of the permit fifteen calendar days after service of the notice (the date of mailing or personal service) unless the permittee requests an appeal hearing. The notice shall instruct the permittee on how to file an appeal.

B.

Appeal. Within fifteen calendar days of service of the revocation notice, the permittee may file an appeal of the revocation and request a hearing be held in accordance with Section 9.12.13. If an appeal is filed, the board may approve, conditionally approve, modify, or deny the revocation based upon grounds as set forth in subsection (e) of this section.

C.

Stay of Revocation Pending Appeal. If an appeal is filed, the revocation decision of the sheriff shall be stayed pending a decision by the board.

D.

Effect of no Appeal: Final Decision. If after the passage of fifteen calendar days from service of the revocation notice the permittee has not requested an appeal, the revocation decision of the sheriff shall become final.

E.

Grounds for Revocation. A permit may be revoked for good cause on the basis of any of the following:

1.

The permit was obtained by fraud; or

2.

Any person making use of such permit is violating or has violated any conditions of such permit; or

3.

The detriment to the public health or safety, or the nuisance arising from the conduct of the massage establishment or an out call massage service, or from changed circumstances, necessitates the revocation of the permit; or

4.

The permittee has violated, or permitted any other person under his/her control or supervision to violate, any provision of this chapter or of other local, state, or federal law in connection with the practice of massage or operation of a massage establishment; or

5.

The permittee has committed any offense involving lewdness, indecent exposure, prostitution, or any other offense which would be grounds for denial of an application, or employees of the massage establishment have committed such offenses in the course of their employment and the permittee has failed to prevent them from doing so. The employer shall be responsible for those acts of its employees and massage therapists which are done in the course and scope of their employment, or which occur on the premises of the massage establishment.

(Ord. No. 686, § 1, 9-5-17).