5.15.140 Grounds for revocation, suspension, or nonrenewal of license.
A. In addition to the automatic termination of a license as provided in this chapter, the license may be revoked, suspended or denied renewal for any one or more of the following grounds:
1. The licensee has violated the requirements of this chapter or any other applicable provision of this code or law;
2. The licensee has been convicted of fraud in conducting the business or found guilty of deceit in obtaining a license to conduct the business;
3. The licensee has been convicted in a court of competent jurisdiction of a felony or of any misdemeanor which relates to the licensed activity;
4. The licensee is engaged in the business of massage therapist, manager, or massage establishment under a false or assumed name, or is impersonating another therapist or manager of a like or different name;
5. The licensee is grossly ignorant or willfully negligent in the business of the licensed establishment;
6. The licensee knowingly files an application or other document with material information which is false or misleading or knowingly gives testimony in an investigation or other proceeding which is false or misleading;
7. The licensee is delinquent for more than 30 days in the payment of any applicable taxes or fees payable to the city following formal notice of delinquency;
8. That, in the case of a massage establishment, the licensee or any employee or managing agent thereof fails or refuses to make the premises or records available for inspections and examination as provided in this chapter;
9. The licensee fails to comply with the terms of the plan of operation as approved by the city;
10. There occurs on the premises repeated acts of violence or disorderly conduct;
11. The licensee or any employee or managing agent thereof fails or refuses to make the premises or records available for inspections and examination as provided in this chapter;
12. That, in the case of a massage establishment, there is any change in services offered or use or configuration of the premises without appropriate approvals from the city;
13. Any completion of nonpermitted improvements to the premises of the establishment occurs without appropriate approvals from the city;
14. That, in the case of a massage establishment, the massage establishment has operated at a location that has not been licensed for use by the licensing office;
15. That, in the case of a massage establishment, the licensee has ceased to use the license for purposes of offering massage therapy. The failure to offer massage therapy at a massage establishment for 30 consecutive calendar days shall create a rebuttable presumption that the licensee has ceased to use the license for purposes of offering massage therapy;
16. That, in the case of a massage establishment, the licensee has failed to maintain in the records of the licensing office, the name of an individual as a designated agent;
17. The licensee fails to take reasonable steps to protect the safety of a customer of the licensee entering, leaving or remaining on the licensed premises when the licensee knew or should have known of the danger to such person, or the licensee fails to take reasonable steps to intervene by notifying law enforcement officials or otherwise to prevent or break up an act of violence or an altercation occurring on the licensed premises or immediately adjacent to the premises when the licensee knew or reasonably should have known of such acts of violation or altercations;
18. The licensee, his managing agent, a controlling person or other managing employee knowingly associates with a person who has engaged in racketeering, as defined in A.R.S. § 13-2301, or has been convicted of a felony and the association is of such a nature to create a reasonable risk that the licensee will fail to conform to the requirements of this chapter or any criminal statute of this state; or
19. Any completion of nonpermitted improvements to the premises of the after-hours establishment occurs without appropriate approvals from the city.
B. Unless a specific provision of this chapter establishes the penalty for a violation thereof, the license of a massage establishment or license of a manager of massage establishment shall be denied, revoked, suspended, or denied renewal upon any one or more of the following grounds:
1. Any licensee or applicant has been convicted in a court of competent jurisdiction within the last 10 years of a felony or misdemeanor involving prostitution, indecent exposure, pornography, or if the application is false in any regard.
2. The licensee knows or should have known that prostitution, indecent exposure, or pornographic acts are occurring or have occurred in the operation of the massage establishment belonging to the licensee.
3. The licensee, manager, temporary manager or designated agent has photographed a customer, while the customer was on the premises of a massage establishment and located within any treatment room, restroom, locker room or dressing room, without the express, written permission of that customer. For purposes of this subsection, the word “photographed” shall mean the use of any electronic or mechanical device to record, reproduce or transmit an optical image.
4. The establishment license shall be denied if any of the following persons would be disqualified under this chapter:
a. The president or other executive officers of a corporate applicant;
b. Each general partner of an applicant that is a limited partnership or any partner of a nonlimited partnership applicant;
c. The managing member(s) or officer(s) of the applicant;
d. Any controlling person of the applicant;
e. Sole proprietor.
C. Upon discovery of any of the grounds set forth in subsections (A) and (B) of this section, the licensee shall be given notification of the violation.
1. Upon notification of a violation, the business licensee shall have 30 days in which to remedy the violation before the license is suspended. Business activity shall be allowed to continue during this period, unless the violation threatens public health, protection, safety, or morals, in which case the business activity shall cease immediately upon notification of violation.
2. If after 30 days the violation has not been remedied or the remedial action not brought to the attention of the license inspector or city, the license inspector shall give written notice to the licensee or the person in control of the business within the city by personal service or registered mail that the license is suspended pending a hearing before the city manager, or his or her appointee, for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be within 15 days from the date of service of the notice. The notice shall contain a brief statement of the reasons for suspension and proposed revocation.
3. The licensee may take the necessary actions during the suspension period to remedy the violation(s), if allowable, and apply to the city to have the license fully restored. The suspension notice shall be void, and the suspended license shall be promptly reinstated as soon as the licensee in violation receives notice in writing from the city indicating the violation has been cured, removed or rectified.
4. During the period of the license suspension, or revocation but awaiting appeal, no business activity shall be conducted at, on, or in such premises or by any such person, principal, agent, corporation, group, or member of any firm or partnership. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-14.]