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Ord #087-3rd Ser/Amending code re: background cks/massage therapists
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Ord #087-3rd Ser/Amending code re: background cks/massage therapists
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4/1/2015 12:42:11 PM
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2/16/2024 10:25:17 AM
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(91 Permittin� anv individual to nerform massa�e on the licensed nremises <br /> after the citv clerk has found. in the course of conductine a backeround <br /> check nursuant to Sec. 31-12(51 or Sec. 31-21(31, that the individual has <br /> been convicted of nrostitution or another offense involving moral <br /> turnitude bv anv court of comnetent iurisdiction. <br /> (�� Engaging in any conduct which would constitute grounds for refusal to <br /> issue a license under this chapter. <br /> (b) Notice. Prior to revoking or suspending any license issued under this chapter, <br /> except in an emergency situation as prescribed in subdivision (d) of this section, <br /> the city clerk shall provide the license holder with written notice of the alleged <br /> violations and inform the licensee of his or her right to a hearing on the alleged <br /> violation. Notice shall be delivered in person or by mail to the permanent business <br /> address listed on the license application. <br /> (c) Public hearing. Upon receiving notice provided for in subdivision (b) of this <br /> section, the licensee shall have the right to request a public hearing. If no request <br /> for a hearing is received by the city clerk within the ten regular business days <br /> following service of the notice, the city may proceed with the suspension or <br /> revocation. For the purpose of mailed notices, service shall be considered <br /> complete as of the date the notice is placed in the mail. If a public hearing is <br /> requested within the stated timeframe, a hearing shall be scheduled within 20 days <br /> from the date of the request. Within three regular business days of the hearing, the <br /> city council shall notify the licensee of its decision. The city council may choose <br /> to: <br /> (1) Uphold the revocation, suspension or non-renewal of the license. <br /> (2) Lift the city administrator's revocation, suspension or non-renewal and <br /> return the license to the licensee. <br /> (3) Base its action upon any additional terms, conditions, and stipulations <br /> which it may, in its discretion, impose. <br /> (d) Emergency. If, in the discretion of the chief of police or other person acting in his <br /> or her stead, imminent harm to the public health or safety may occur because of <br /> the actions of the operation of a licensed establishment under this chapter, the <br /> chief of police may immediately suspend the establishment's license and provide <br /> notice of the right to request a subsequent public hearing as prescribed in <br /> subdivision(c) of this section. <br /> (e) Fees. No part of the annual fee shall be returned to the applicant unless by the city <br /> council's action in the case of suspension or revocation. <br /> 156927v1 4, <br />
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