CHAPTER 13. LICENSES.*
Article VI. Massage Establishments.
Sec. 13-6-15. Permit revocation or suspension.
(a) Grounds for Revocation or Suspension. Any permit issued pursuant to
this article may be revoked or suspended by the chief of police upon a finding
that any of the following grounds exists:
(1) A violation of any of the
provisions of this article; or
(2) The conviction of any offense described
in Section 13-6-6.
(1) Any city department of
jurisdiction, including but not limited to the community development department,
the building inspection department, the planning department or any fire
protection district of jurisdiction, may notify the chief of police that grounds
exist for the revocation of a massage establishment or a massage technician
(2) The chief of police shall then give the permit holder written
notice of the grounds for revocation or suspension. The notice also shall
specify a time and place of hearing, and shall be given at least ten calendar
days before the time of the hearing. At such hearing, the permit holder shall
show cause why his/her permit should not be revoked or suspended.
permit holder may appeal the decision of the chief of police to the city
council. If the permit holder does not appeal, the decision of the chief of
police is final and conclusive on expiration of the time fixed for
(4) Appeal from a decision to revoke a permit issued pursuant to
this article shall be made within ten calendar days after written or oral notice
of the decision of the chief of police.
(5) If the permit holder requests a
hearing within the time set forth in subdivision 4 of this subsection, the clerk
shall set the matter for a hearing. The permit holder shall be given written
notice of the time, date and place of such hearing by the clerk at least ten
days prior to the date of the hearing. Such notice either shall be personally
delivered to the permit holder or shall be sent by registered or certified
(6) If notice is by registered or certified mail, it shall be deemed
delivered on the day following the deposit of the notice in the United States
(7) If a hearing has been requested, the council shall
receive evidence on the charges contained in the notice to the permit holder.
Upon the conclusion of the presentation of the evidence on the charges, the
permit holder may present evidence to refute the charges.
(8) Upon the
conclusion of the presentation of evidence and any closing statements, the
council may take any of the following actions, which shall be final:
the council finds that there has been a violation of any of the provisions of
this article or finds that the permit holder has been convicted of any offense
described in Section 13-6-6, the council may:
(i) Order the revocation of
(ii) Order the suspension of the permit for such time as the
council deems proper; or
(iii) Order the suspension of the permit for such
time as the council deems proper, with reinstatement of the permit subject to
such conditions as may be ordered by the council.
(B) If the council finds
that the evidence does not support any of the charges, the council shall order
that the charges be dismissed. (Ord. No. 1269, § 3 (part).)