ORD 2195 - Laserfiche WebLink

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. SECTION 3. Urgency Ordinances 2182 and 2183, prohibiting the issuance of specified approvals and permits for new or expanded massage establishments in the Downtown Specific Plan Area, are hereby repealed. SECTION 4. SEVERABILITY. If any provision(s) of this ordinance is declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalid provision(s) be severed from the remaining provisions of the ordinance so that regulation and control of Massage may remain in place. SECTION 5. This ordinance shall be effective thirty (30) days from the date of passage thereof. The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on September 3, 2019 and adopted at a regular meeting of the City Council of the City of Pleasanton on September 17, 2019 by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None Abstain: None 14