§ 29.21.

REVOCATION OF MASSAGE ESTABLISHMENT, SOLO PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT FOR PRACTITIONERS NOT CERTIFIED BY THE CAMTC

a.

The Director may revoke or suspend any massage establishment, solo practitioner massage establishment, or outcall massage service permit issued to massage establishments where all of the practitioners are not certified as a massage practitioner or therapist by the CAMTC pursuant to the California Business and Professions Code, after a hearing, if the Director finds:

1.

The permittee has violated any of the provisions of this Article; or

2.

The permittee has refused to permit any duly authorized City health inspector to inspect the premises or the operations therein; or

3.

The permittee has engaged in any conduct in connection with the operation of the business that violates any state or local laws, or, in the case of a massage establishment or outcall massage service permit, any employee of the permittee has engaged in any conduct that violates any state or local laws at permittee’s place of business, and the permittee had or should have had actual or constructive knowledge by due diligence of the illegal conduct; or

4.

In the case of a solo practitioner massage permit, the permittee no longer holds a current, valid advanced massage practitioner permit issued by the Director; or

5.

The Director determines by clear and convincing evidence that such business is being managed, conducted, or maintained without regard for public health or the health of patrons, customers, or employees, or without due regard to proper sanitation and hygiene; or

6.

The permittee has violated a rule or regulation adopted by the Director pursuant to Section 29.25.

b.

Before any hearing is conducted under this Section, the Director shall provide the permittee at least 20 days’ written notice. The notice shall include the time, place, and grounds for the hearing. If requested by permittee, the Director shall make available all documentary evidence against permittee no later than 15 days prior to the hearing. At the hearing, the permittee shall be provided an opportunity to refute all evidence against him or her. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director’s ruling shall be final.

c.

The Director may suspend summarily any massage establishment, solo practitioner massage establishment, or outcall massage service permit issued under this Article pending a noticed hearing on revocation or suspension when in the opinion of the Director the public health or safety requires such summary suspension. Any affected permittee shall be given notice of such summary suspension in writing delivered to said permittee in person or by registered letter.

History

(Added as Sec. 1921 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013)

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