Following the submission of an application for any license required by this article, either for an initial or a renewal license, the following procedures shall apply in addition to those elsewhere specified in this article:
(1) 
Investigation.
Such investigation or inquiry pertaining to the information provided on the license application as may be considered reasonable and necessary shall be made by the city. Such investigation and inquiry shall be concluded within 15 days of the filing of the application for a license, except that if for any reason the investigation or inquiry is not concluded the city shall so notify the applicant. The notice shall specify a reasonable period within which the city expects to conclude the investigation and inquiry, the reasonable period not to exceed an additional 30 days.
(2) 
Additional information.
Upon the expiration of the period above specified or as extended, if the city is unable to conclude the investigation and inquiry by reason of inability to obtain information, the applicant shall be so notified in writing by the city and given a period not to exceed 15 days during which the applicant may provide such information to the city as the city may consider accurate and complete. Upon the failure to obtain such information or to confirm the accuracy or completeness of the same, the city shall refuse to issue a license to the applicant.
(3) 
Grounds for denial.
The city shall deny any license required by this article if, upon concluding the review, investigation and inquiry of the application and the applicant, the city determines from the information provided in the application or by its investigation and inquiry that the following facts are found to exist:
(A) 
The health certificate, as required for any massagist, is absent.
(B) 
The massagist does not hold the qualifications specified by evidence of a diploma or training and experience which are a requirement for the issuance of a massagist license.
(C) 
The applicant, if an individual, for any license required by this article, or any person or entity owning and/or controlling the applicant, including but not limited to all partners, principals or managers, and also, if the applicant is a corporation, an officer, director or shareholder holding at least 10% of the stock of the corporation, has been convicted of any violation of this article within the 12 months preceding the date of the filing of the application or any offense specified in section 4.04.062(c)(10).
(D) 
The applicant has previously had a license required by this article revoked or is at the time of filing an application for a license presently holding a license which is under suspension pursuant to the terms of this article.
(E) 
The applicant has been convicted within two years preceding the date of the license application of any offense cited in section 4.04.092(b)(9).
(4) 
Notice of denial.
Upon refusal to issue a license as above provided, the city shall give to the applicant reasonable notice, which shall contain the specific reasons for refusal to issue the license.
(1999 Code, sec. 112.70)
Any license issued pursuant to this article shall be subject to suspension or revocation in accordance with the following:
(1) 
Grounds for suspension.
The city manager may suspend a license issued to and held by a massage establishment or a massagist upon any of the following grounds:
(A) 
A massagist who has an infectious or communicable disease has administered a massage.
(B) 
Any massage establishment or any massagist employed by a massage establishment or any party specified in section 4.04.062(c)(9) has been convicted of any violation of this article or any offense specified in section 4.04.062(c)(10).
(C) 
Any massagist has violated or permitted to be violated section 4.04.164, 4.04.165 or 4.04.166.
(D) 
Any massage establishment has violated or permitted to be violated any provision of this article pertaining to licensing.
(2) 
Period of suspension.
The city manager shall have authority to suspend a license for a period of from one day to 90 days for each occasion upon which one of the grounds for suspension as above set forth has occurred. The suspension shall be effective from the time specified and during the period specified, pursuant to a hearing as provided for in this part.
(3) 
Suspension prior to hearing.
Notwithstanding any provision to the contrary, the city manager shall have authority to suspend a license instanter without hearing, to be effective until a hearing can be held, whenever:
(A) 
Any holder of a license issued pursuant to this article shall have violated any provision for suspension as specified in subsection (1) above on more than one occasion or occurrence prior to a hearing.
(B) 
The hearing is not held as scheduled by reason of postponement of the hearing by the holder of the license.
(1999 Code, sec. 112.71)
The city may revoke a license issued pursuant to this article for any of the following reasons:
(1) 
Suspension violations.
Whenever in the judgment of the city manager or his deputy any holder of a license has violated a provision for suspension as specified in section 4.04.122 and the violation is of sufficient excess, neglect or aggravation as to require revocation rather than suspension, or upon a judgment that the violation of this article is continuous in nature.
(2) 
Multiple suspensions.
The holder of a license issued pursuant to this article has had his license suspended on more than one occasion during any calendar year, in which case revocation of the license shall be automatic.
(1999 Code, sec. 112.72)
Any proceeding for suspension or revocation of a license issued pursuant to this article shall be pursuant to the following procedures:
(1) 
Notice of hearing.
Reasonable notice of the proceeding to be recommended or pursued by the city shall be given to the holder of the license. The notice shall specify the proceeding recommended or to be pursued and the grounds therefor. The notice shall also state the date, time and place of the hearing. If the provisions of section 4.04.122(3) are being followed, a statement that such license is suspended from the time of service of the notice until the hearing shall be included.
(2) 
Date of hearing.
The hearing required by this section shall be held by the city manager or his deputy within 30 days of the date of the notice being served upon the holder of the license.
(3) 
License to be presented.
At the hearing, the holder of the license shall be required to present the license to the city prior to being heard at the hearing. Within five days of the conclusion of such hearing the license shall either be marked “revoked” or “suspended” with the period of suspension specified thereon or returned to the holder if no action of suspension or revocation is effected.
(4) 
Hearing officer.
All hearings shall be held by the city manager or his designated representative. The official conducting the hearing shall be referred to as the hearing officer. The city manager shall not designate any person or persons to perform the duties of hearing officer under this section who has participated in the inspection or investigation of the establishment or individual whose license is in question, or has prior knowledge of the allegations or circumstances discovered in the inspection or investigations; except such person designated as hearing officer may, prior to the hearing, receive a copy of the notice given to the licensee.
(5) 
Presence of city attorney.
The city attorney shall be present at the hearing to advise the hearing officer as to procedural matters; however, the city attorney shall not partake in any determination of the facts.
(6) 
Conduct of hearing.
All hearings shall be conducted under rules consistent with the nature of the proceedings. The following specific rules shall apply to all hearings:
(A) 
All parties shall have the right to representation by a licensed attorney, though an attorney is not required.
(B) 
Each party may present witnesses in his own behalf.
(C) 
Each party has the right to cross-examine all witnesses.
(D) 
Only evidence presented before the hearing officer at the hearing may be considered in rendering the order.
(7) 
Failure to appear.
If the licensee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing violation of this article or conditions constituting a hazard to public health which formed the basis of the suspension of the license.
(1999 Code, sec. 112.73)
Subsequent to any action of suspension or revocation, the city shall have authority to place one or more notices upon any massage establishment in a conspicuous place that the license issued for that establishment has been suspended or revoked and that the establishment shall not open for the business of providing massages without the establishment holding a valid license issued pursuant to this article.
(1999 Code, sec. 112.74)
If the holder of a license fails to deliver the same to the city upon the license being revoked or suspended, the city shall have the authority to take possession of the license from the holder.
(1999 Code, sec. 112.75)