§ 5.52.220. Procedure for denial, revocation or suspension of massage establishment permit or massage technician permit and appeal procedures.

Denials, revocations and suspensions shall be administered as follows:

A.

Whenever the chief of police has reasonable cause to believe that grounds for the denial, suspension or revocation of a permit exists, he or she shall give the holder of the permit written notice stating the alleged grounds for the denial, suspension or revocation and the effective date of the denial, suspension or revocation. This notice will be by certified mail, return receipt requested, sent to the address shown on the last application or renewal, or by personal service. The decision of the chief of police to deny, revoke or suspend a permit may be appealed to the city manager or designee. The applicant or permittee shall have ten days from the date of the notice within which to file an appeal with the city manager. The notice shall provide the permit holder with information on the appeal process.

B.

Upon receipt of a request for an appeal hearing, the city manager or designee shall conduct a hearing within forty-five days of the request. The city manager or designee shall notify the permit holder in writing of the date, time and place of the hearing. The hearing shall not be less than ten days after the service of the notice of hearing by postage of the notice by certified mail, return receipt requested, or by personal service.

C.

At the hearing, both the holder of the permit and the chief of police shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the hearing. Within ten working days of the conclusion of the hearing, the city manager shall issue a written decision which states whether the decision of the chief of police is upheld, modified or reversed; the length of any suspension, and the effective date of the suspension or revocation. The decision of the city manager shall be served on the holder of the permit by certified mail, return receipt requested, or by person service.

D.

The decision of the city manager shall be final.

E.

Unless otherwise specifically prohibited by law, the burden of proof is on the permittee/applicant in any hearing or other matter under this chapter.

F.

Upon a written decision of the city manager which denies, suspends or revokes a permit, the holder of the permit shall surrender the permit to the chief of police immediately after service of the notice of the decision.

(Ord. 1243 § 2 (part), 1997)