9.32.140 Permit--Suspension or revocation authorized when--Appeals.
In accordance with subdivision (c) of Section 4612 of the California Business and Professions Code, any massage therapy or establishment permit may be revoked or suspended by the Department of Finance, after a hearing, where any of the provisions of this chapter, or the provisions of Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code, are violated. During the time that the permit is suspended, it shall be unlawful for the permittee to exercise any of the rights granted under this chapter.
Any decision to suspend or revoke a permit may be appealed to the City Manager by filing one copy of a written appeal with the City Manager within ten (10) days after the mailing of the Notice of Decision by the Department of Finance.
A. The appeal shall clearly and concisely set forth the grounds upon which it is based.
B. If a ground of the appeal is that the Department of Finance’s action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the takings claim shall be waived, and appellant shall be deemed to have waived any claim to sworn testimony and cross-examination. This requirement shall apply to appeals on the ground that the Board’s decision or any condition imposed by the Board denied the applicant any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constituted a taking of property for public use without just compensation.
C. If a timely appeal is made by the applicant, the City Manager shall forward a copy of the written appeal to the Department of Finance.
The decision of the City Manager is final. The City Manager may promulgate written rules and regulations for the conduct of hearings by the Department of Finance and appeals to the City Manager. (Ord. 7238-NS § 2, 2012: Ord. 7214-NS § 12 (part), 2011: Ord. 7106-NS § 1 (part), 2009. Formerly 9.32.150)