17 - Laserfiche WebLink

8. Any violation of this Chapter, any local, state, or federal law has been committed at a Massage Business or by the holder of the City Registration Permit, a Massage Business Owner, Massage Technician, Employee, or Independent Contractor. 9. Upon a recommendation from the California State, Alameda County , or City officials which states that such business is being managed, conducted, or maintained without regard for public safety or public health. 10. For purposes of this section, a permittee, in the case of a Massage Establishment, shall include the managing responsible officer(s) or managing employee(s). B. Notice of Revocation or Suspension. Whenever the Police Chief has probable cause to believe that grounds for the suspension or revocation of a Permit exists, the Police Chief shall give the permittee written notice of the alleged grounds for the proposed suspension or revocation of the Permit and notify the permittee of the right to request a hearing before the City Manager on whether the Permit should be suspended or revoked, as provided in the notice. The notice shall be served on the permittee personally or by deposit in the United States mail by certified mail to the most recent business address on file with the Police Department. The notice shall state that if a written request for a hearing is not received by the City Clerk within ten (10) days of the personal service of the notice on the permittee or within ten (10) days of mailing of the notice to the permittee, the suspension or revocation provided in the notice shall be final, and the permittee shall be deemed to have waived the right to a hearing. C. Effective Date, Privilege to Provide Massage. Unless a hearing is requested, the revocation or suspension of the Permit shall be effective on the date the notice was served. If the permittee requests a hearing, no privilege to provide Massage shall exist from the date the notice was served, pending the decision by the City Manager. D. Hearing. If a permittee requests a hearing, the hearing shall be conducted within ten (10) days of the date the notice was received by the City Clerk, unless the permittee requests that the hearing be rescheduled. Notice shall be given and the hearing shall be conducted in the same manner as provided in Section 6.24.070 of this Chapter. The City Manager shall render a written decision within five (5) days of the conclusion of the hearing and cause the decision to be served on the permittee personally or by deposit in the United States mail by certified mail to the most recent business address on file with the Police Department. The decision of the City Manager shall be final. 6.24.140 Permit Return. With seventy-two (72) hours of ceasing to do business as a Massage Business or Massage Practitioner, or the expiration, suspension, or revocation of any Permit issued pursuant to this Chapter, the corresponding Permit shall be returned to the Police Chief. 6.24.150 Investigation and Enforcement. A. The Police Chief shall have the power and authority to inspect and investigate to determine compliance with this Chapter and promulgate and enforce rules, regulations, and requirements in accordance with this Chapter. B. Pursuant to the City's prosecutorial discretion, the City may enforce violations of this Chapter as criminal, civil, or administrative actions. C. It shall be unlawful and a public nuisance for a Massage Business to be operated, conducted, or maintained contrary to this Chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal or administrative action or proceeding, commence proceedings for the abatement, removal, and enjoinment of the Massage Business in any manner provided by law. 14