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application with conditions, or to suspend or revoke an operator permit, by filing with the City <br />Clerk a written notice of appeal specifying the grounds for such appeal, within ten calendar days <br />after the decision has been served on the applicant or permittee. The appeal must also include the <br />appeal fee established by resolution of the City Council and included within the Master Fee <br />Schedule. Such appeal shall be heard by an administrative hearing officer appointed by the City <br />Manager or designee, upon not less than ten business days written notice to the appellant. The <br />designated administrative hearing officer shall consider all relevant evidence at the hearing, may <br />continue the hearing for good cause, and shall require such legal briefing as may be required to <br />address any issues raised by the appeal. Within a reasonable time, but not more than twenty <br />business days following the conclusion of the hearing, the administrative hearing officer shall <br />issue a written decision affirming, denying, or modifying the decision from which the appeal was <br />taken, supported by factual findings and determinations referenced by supporting evidence. The <br />written decision shall be served on the appellant as provided in Code of Civil Procedure Section <br />1094.6(b), with a copy submitted to the City Clerk and the City Attorney. The written decision of <br />the administrative hearing officer shall be final and shall be subject to judicial review according <br />to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. <br />4-23-320 Immediate Interim Suspension <br />(a) Grounds for immediate suspension of permit. The Chief of Police may <br />immediately suspend an operator permit on an interim basis if he or she determines that an <br />immediate suspension is necessary to protect the health, safety or welfare of the public and: <br />(1) Determines that the permitee is operating or managing the massage establishment <br />or providing services in the massage establishment in a manner which poses an immediate <br />danger to the health or safety of employees, clients, or the public; or <br />(2) The permitee or any massage technician has been arrested for any offense <br />involving lewdness, indecent exposure, prostitution, sexual battery, human trafficking, or any <br />sex-related crime in connection with the massage establishment. <br />(b) Notice of suspension. If the Chief of Police immediately suspends a permit, the <br />Chief of Police shall provide written notice to the permittee by personal notice or certified mail. <br />The notice shall contain a statement that the permit is immediately suspended and such <br />suspension shall remain in effect during the period of time that an appeal may be filed or an <br />appeal is under consideration. The notice shall provide information on the appeal process and <br />explain that the suspension may lead to permanent revocation of the permit. <br />(c) Appeal. Within fifteen (15) calendar days of service of the immediate suspension <br />(the date of mailing or personal service), the permittee may file an appeal of the suspension and <br />request a hearing in accordance with Section 4-23-315(b) of this Chapter. <br />(d) Effect of no appeal: Final decision. If after the passage of fifteen (15) calendar <br />days from service of the suspension notice, the permittee has not filed an appeal, the decision of <br />the Chief of Police to suspend the permit shall become final and the operator permit shall be <br />revoked by the Permit Administrator. <br />Article 4 Requirements <br />4-23-400 Massage establishment inspection. <br />(a) The Inspector shall have the right to enter any massage establishment during <br />regular business hours, without a search or inspection warrant, to make reasonable inspection to <br />ascertain whether there is compliance with the provisions of this Chapter.