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Ordinance No. 1727 <br />Page 16 <br /> <br /> 3. the permittee has engaged in conduct or operated a massage establishment <br /> or has engaged in conduct as a massage therapist in a manner which <br /> violates this Chapter, any conditions of the permit, or any of the laws which <br /> would have been grounds for denial of the permit; <br /> <br /> 4. there is fraud, material misrepresentation, false statement, or omission of a <br /> material fact in any application for a permit or in any supplementary <br /> material; <br /> <br /> 5. an activity authorized in the permit has been conducted in an unlawful <br /> manner or in such a manner as to constitute a menace to the health, safety, <br /> or general welfare of the public; or <br /> <br /> 6. upon a recommendation from the City and/or County officials which states <br /> that such business is being managed, conducted, or maintained without <br /> regard for public safety or public health. <br /> <br /> 7. For purposes of this section, permittee, in the case of a massage <br /> establishment, shall include the managing responsible officer or managing <br /> employee. <br /> <br /> B. Prior to the suspension or revocation of any permit issued pursuant to this <br /> Chapter, a heating, as provided in Section 6.24.100, shall be held by the Police <br /> ChieE Written notice of the grounds for the hearing, as well as its time and place, <br /> shall be sent by certified mail to the address shown on the application or by hand <br /> delivery to the permittee at least seven (7) days prior to said hearing. Written <br /> notice of the Police Chief's decision shall be mailed to the permittee within seven <br /> (7) working days following the hearing. No privilege to provide massage services <br /> shall exist from the time written notice is served, pending decision by the Police <br /> Chief. <br /> <br /> 6.24.190 Appeal of Revocation or Suspension. No later than fifteen (15) calendar days after <br /> service of notice of revocation, suspension, denial of application, or renewal, the <br /> permittee may appeal to the City Manager by the procedure for appeal as set forth <br /> in Section 6.24.100. The hearing and notice of the decision shall be given in the <br /> same manner as provided in Section 6.24.100. The decision of the City Manager <br /> shall be final. <br /> <br /> 6.24.200 Burden of Proof. Unless otherwise specifically prohibited by law, the burden of <br /> proof is on the applicant or permittee in any heating or other matter under this <br /> Chapter. <br /> <br /> (massagc.sam) <br /> <br /> <br />