5.49.090 Nonrenewal, Suspension, Revocation, or Appeal.
A. Violation and Noncompliance. The Community Development Director may refuse to renew a massage operator’s permit or may revoke or suspend an existing permit on the grounds that the applicant has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant shall have the right to appeal to a City Hearing Officer in the time and manner set forth in this section.
B. Revocation and Suspension of Massage Operator’s Permit.
1. The Community Development Director may revoke or refuse to renew a massage operator’s permit if they find that there is a basis for denial of a permit under Larkspur Municipal Code Section 5.49.030, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers.
2. The Community Development Director may suspend any massage operator’s permit for a period of thirty (30) days for each violation of Larkspur Municipal Code Section 5.49.050.
3. Notice. When the Community Development Director concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, they shall serve the permit holder, either personally, by certified U.S. mail or overnight delivery service, addressed to the business or residence address of the permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision and that the decision will be final if no appeal is filed within the time permitted.
C. Appeal.
1. The right to appeal to a City Hearing Officer shall terminate upon the expiration of fifteen (15) business days from deposit of the notice with the U.S. mail, certified and return receipt requested or deposit with an overnight delivery service that provides tracking of the envelope. All requests for appeals shall be sent to the Community Development Director.
2. In the event an appeal is timely filed, the suspension, revocation or refusal to renew shall not be effective until a final decision has been rendered by a City Hearing Officer. If no appeal is filed, the suspension, revocation or refusal to renew shall become effective upon expiration of the period for filing appeals. A denial of a new permit shall be effective upon deposit of the notice in the U.S. mail or overnight delivery service.
3. The Hearing Officer shall schedule an appeal hearing within thirty (30) days of receipt by the City of a request for an appeal hearing. The Hearing Officer shall receive relevant evidence, make written findings and render their decision within thirty (30) days from the date of the hearing. The decision of the Hearing Officer shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
4. Notice of the date, time and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing, by certified U.S. mail or overnight delivery service, addressed to the address listed on the address given in the notice of appeal.
5. The following rules of evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
b. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness.
c. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 1062 § 14, 2022; Ord. 1032 § 1, 2019; Ord. 1026 § 1, 2018)