O-2015-3598 amend Ch 22;establish regulations/fees relating to operation of massage establishments

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(a) A massage business permit may be revoked or suspended in any case where any of the provisions of this article are violated, or where any licensee or employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business, including but not limited to, working without a state license, engaging in sexual contact with customers, or working in the nude, and the permittee has actual or constructive knowledge thereof by due diligence.The revocation proceedings shall be as prescribed by subsection (b) of this section. (b) A massage business permit may be revoked or suspended by the City Council after notice and hearing for any cause set forth in this section. The Director of Planning and Development or his authorized agent shall initiate such proceedings by petition to the city secretary in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the lengthth of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the Director of Planning and Development's petition is based, shall be given in writing by the city secretary through certified United States mail to the permittee at his last known address at least five (5) days prior to the date set for such hearing. The City Council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive. (c) Any applicant denied a permit shall have the right of appeal to City Council. Such appeal shall be taken by filing with the city secretary within ten (10) days after notice of the denial has been mailed to such person's address as set forth in the application, a written statement setting forth fully the grounds for the appeal. The city secretary shall provide for a council hearing on such appeal at the earliest convenient regular city council meeting, and shall notify the appellant and Director of Planning of the date and time of such city council hearing in the same manner as provided in subsection (b). The council shall by a majority vote either sustain the action of the Director of Planning and Development or issue the permit. Sec. 22-424. -Transfer of permit prohibited. No massage business permit is transferable, severable or divisible, and such authority as a permit confers shall be conferred only upon the permittee named therein. Sec. 22-425.–Notice to City of changes in employment. Every permitted massage business shall immediately inform the city of any changes to the list provided in accordance with Section 22-416(4) of this article concerning the names and the residence addresses of all masseurs and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business. Secs.22-426-22-429. -Reserved. DIVISION 3.-OPERATION REGULATIONS Sec. 22-430. -Hours. No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. on any day of the week. Sec.22-431. -Alcoholic beverages prohibited. I