5.09.170 - Suspension or revocation of permit.

(a)

An establishment permit issued pursuant to Section 5.09.120 of this chapter may be suspended or revoked at any time in accordance with the procedures set forth as follows:

(1)

The city administrator or his or her designee shall provide due notice to the permittee of a hearing and shall conduct such hearing within a reasonable time to furnish evidence to the city administrator or his or her designee.

(2)

In order to suspend or revoke a permit under this chapter, the city administrator must find that:

(A)

The permittee has carried on the licensed activities in an illegal, improper or disorderly manner;

(B)

The permittee, in carrying on the licensed activities, has violated or permitted the violation of any law of the state or any provisions of this code;

(C)

The conditions of the license have been materially or repeatedly violated; or

(D)

Any condition or fact exists which would, if known at the time of issuance of the license, have been grounds for denying the permit.

(b)

A permit issued pursuant to this chapter may be suspended or revoked in accordance with the following grounds:

(1)

The building, structure, equipment, and location used fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the city of Commerce. In the event of such statute, code, ordinance, or regulation violation, the city, or its designee, shall allow the permittee a seven working day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven working day period, the city, or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the violation has been corrected;

(2)

The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading, or fraudulent statements of material facts in the application for a permit, or in any report or record relevant to the permit required to be filed with the sheriff's department or other department of the city;

(3)

The permittee has had any type of massage establishment or massage technician permit revoked by any public entity within two years of the date the permit was issued;

(4)

The permittee is convicted of tax violations for any taxes or fees related to a massage establishment;

(5)

The permittee, or any massage technician, employee, owner or operator of the massage establishment, including, if the applicant is a corporation, any of its officers or directors, has been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(6)

Sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred at the massage establishment;

(7)

The massage establishment has employed minors;

(8)

The permittee, or any employee, agent, partner, director, officer, stockholder or manager of permittee, has violated any provision of this chapter;

(9)

The permittee, or any employee, agent, partner, director, officer, stockholder or manager of permittee, refused to allow the lawful inspection of the premises; and

(10)

The permittee failed to abide by a disciplinary action previously imposed by a city official.

(c)

Once a permit is revoked, the revocation shall continue for one year and the permittee shall not be issued a massage establishment permit or massage technician permit for one year from the date the revocation became effective. If, subsequent to revocation, the city administrator finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a permit if at least one hundred and eighty days have elapsed since the date revocation became effective.

(d)

Appeals. An appeal may be made to the city council from any decision or determination of the city administrator pursuant to this chapter. The appeal shall be in writing and shall be filed with the city clerk within ten days from the mailing to the permittee of the decision or determination of the city administrator or his or her designee. Any such appeal shall specify the decision from which the appeal is taken and the grounds of the appeal. The city council shall hold a public hearing on the appeal. At any such hearing, the permittee shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in support of his or her appeal. The decision of the city council with respect to any appeal shall be final.

(Ord. 577 §1(part), 2004).

(Ord. No. 648, § 6, 11-20-2012)