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10A Action 2016 0620
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10A Action 2016 0620
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6/14/2016 4:05:34 PM
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6/14/2016 4:05:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2016
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PERM
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_CC Agenda 2016 0620 CS + RG
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(i) Sexual Touching. The permittee or any person employed or retained by the <br />massage establishment or any other person on the premises of the massage establishment has <br />engaged in conduct or committed acts that a reasonable person in a patron’s position would <br />understand as an offer to perform on or engage in with the patron acts that are sexual in nature or <br />that involve touching of the patron’s genitals, pubic area, anus, and areola. <br />(j) Negligent Supervision. The permittee failed to provide adequate supervision of <br />the massage establishment, resulting in a pattern of at least three violations of this Code or State <br />or Federal law. <br />4-23-315 Revocation or suspension—Hearing procedure. <br />(a) Written Notice Required. The Permit Administrator, before revoking or <br />suspending any operator permit, shall give the permittee at least ten calendar days’ written notice <br />of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of <br />whether the permit shall be revoked or suspended. The hearing shall be conducted at least ten <br />calendar days from the date of written notice which shall be provided in the following manner: <br />(1) Service of Notice and Order. All notices shall be posted on the property and also <br />served upon the record owner and any tenant. A copy of the notice shall also be served on each <br />of the following if known to the Permit Administrator or disclosed from official public records: <br />the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of <br />any lease; and the holder of any other estate or legal interest of record in or to the building or the <br />land on which it is located. The failure of the Permit Administrator to serve any person required <br />herein to be served shall not invalidate any proceedings hereunder as to any other person duly <br />served to relieve any such person from any duty or obligation imposed by the provisions of this <br />section. <br />(2) Method of Service. Service shall be made upon all persons entitled thereto either <br />personally or by mailing a copy by certified First Class U.S. Mail to each such person at their <br />address as it appears on the last equalized assessment roll of the county or as known to the <br />Permit Administrator. If no address of any such person appears or is known to the Permit <br />Administrator, then a copy shall be mailed to the address of the parcel of land involved in the <br />proceedings. The failure of any such person to receive such notice shall not affect the validity of <br />any proceedings taken under this section. Service shall be effective on the date of the mailing. <br />(3) Proof of Service. At the time of service, each person affecting service shall <br />complete a written declaration under penalty of perjury, which declares the time, date and <br />manner in which service was made. The declaration shall be affixed to the copy of the notice and <br />order retained by the Permit Administrator. <br />(b) Hearing. The Permit Administrator shall consider all evidence at the hearing. The <br />hearing may, after being commenced within the time specified pursuant to subsection (a) of this <br />section, be continued for good cause by the Permit Administrator from time to time. The Permit <br />Administrator shall, at the conclusion of the hearing, make findings of fact based upon the <br />evidence submitted and shall decide whether or not the permit shall be revoked or suspended. <br />(c) Notice of Decision. The Permit Administrator’s written notice of decision shall be <br />served on the permittee, within thirty business days of the conclusion of the hearing, in the <br />manner provided in subsection (a) of this section, and, in the case of a revocation or suspension, <br />such notice of decision shall indicate the appeal procedures as set forth hereinafter. <br />(d) Appeal. Any applicant or permittee shall have the right to appeal from a decision <br />by the Permit Administrator to deny a permit or renewal application, or to approve such an
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