a.Any person who has been denied a massage establishment permit; any person whose application for an amended permit has been denied; or any person whose privilege to operate a massage establishment has been suspended, revoked, or restricted shall be notified in writing by means of registered mail, certified mail, or hand delivery of the Police Chief’s decision as well as the person’s right to request a hearing under subsection (c) of this section.

b.Notwithstanding the foregoing, the Police Chief may immediately suspend a massage establishment permit without a prior hearing if he or she determines that the continued provision of massage services constitutes an immediate and significant threat to the public health, safety or welfare. In such a case, if requested, the Appeals Hearing Board shall conduct the hearing following the suspension.

c.Any person who has been notified in writing by the Police Chief of the denial of a massage establishment permit; any person whose application for an amended permit has been denied; or any person whose privilege to operate a massage establishment has been suspended, revoked, or restricted may request a hearing before the Appeals Hearing Board. The request for a hearing must be in writing and must be made within ten (10) calendar days from the date of the decision to deny, suspend, revoke, or restrict the permit. If no hearing request is made within this time period, the Police Chief’s notice of denial, revocation, suspension or restriction shall become final and shall go immediately into full force and effect.

d.Upon receiving a written request for hearing, the Board shall set a time and place for the hearing not less than ten (10) days nor more than sixty (60) days thereafter. The applicant or permittee shall be notified of the hearing by means of registered mail, certified mail, or hand delivery at least five (5) days before the hearing date.

e.All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The City shall have the burden of proof of any violations by a preponderance of the evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. In the event that the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension, revocation, or restriction of the permit shall be considered conclusively established.

f.Within thirty (30) days of the hearing, the Board shall issue a written decision specifying the reasons for the decision, which shall be delivered by means of registered mail, certified mail, or hand delivery to the applicant or permittee. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6. (Ord. 3674 § 7, 2023; Ord. 3517 § 3, 2015. Formerly 22-31.10)