§ 22-35. Revocation or suspension.

(a)

The revenue administrator may suspend any license issued under this article for a specified period not to exceed sixty (60) days, or revoke such license, for any of the following reasons:

(1)

Failure to maintain good moral character as set forth in section 21-4;

(2)

Conviction of any felony involving dishonesty, deceit, theft, assaultive conduct or sexual misconduct;

(3)

When the licensee has knowingly made any false or misleading statement in any report or record required to be made or kept under this chapter;

(4)

Any other violation of this chapter;

(5)

Conducting business in an unlawful manner and in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public;

(6)

Any sexual act or engaging in sexual activity with a patron; and

(7)

Any nudity or exposure by the massage establishment personnel is prohibited.

(b)

The city shall give written notice of the revocation or suspension to the licensee, which notice shall contain the reasons for the revocation or suspension and, if applicable, the length of the suspension. Such notice shall either be personally served on the licensee or mailed to the licensee's last known address. Service of the notice shall be deemed complete upon mailing.

(c)

The licensee may request an informal hearing on such revocation or suspension by submitting a written request to the tax and license division within ten (10) days after the notice of revocation or suspension is given and shall set forth specifically the grounds for the hearing. An informal hearing before the revenue administrator shall be held within fifteen (15) days after the request for the same is received by the city unless an extension is approved by both the applicant and the city. If the licensee does not request a hearing within said ten (10) day period, the revocation or suspension shall take effect on the eleventh day after service of the notice of revocation or suspension. If a hearing is requested, the revocation or suspension shall not take effect until after the informal hearing and the service of a new notice from the revenue administrator on the licensee setting forth the revenue administrator's final decision. Such notice shall be personally served on the licensee or mailed to the licensee's last known address. Service of the notice shall be deemed complete upon mailing. The burden of proof at the hearing shall be on the applicant or licensee to establish, by a preponderance of the evidence, that he or she meets all of the requirements for holding a license under this chapter.

(Ord. No. 2400, § 1, 7-27-04; Ord. No. 2422, § 4, 1-25-05)