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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B22-12. Revocation of permit.

(a) The Sheriff may revoke an establishment permit or a therapist permit or a trainee permit for good cause. Before the Sheriff revokes a permit, the Sheriff shall provide that notice of the intended revocation be given to the permittee by personal delivery or by certified mail. The notice shall provide for revocation of the permit 15 calendar days after service of the notice upon the permittee, unless the permittee requests an appeal hearing. The notice shall provide information on the appeal process.

(b) Following the receipt of such revocation notice and within 15 calendar days thereafter, the permittee may file an appeal of the revocation and request a hearing be held in accordance with Section B22-11(a)--(c). If an appeal is filed, the Board of Supervisors shall conduct a de novo hearing on the appeal of any permit revocation and may approve, disapprove, or conditionally approve or modify the revocation based upon the findings set forth in Section B22-12(d).

(c) If after the passage of 15 calendar days from the receipt of the revocation notice, the permittee has not requested an appeal, the Sheriff's revocation decision shall become final.

(d) A permit may be revoked for good cause on the basis of any one (or more) of the following:

(1) The permit was obtained by fraud; or

(2) Any person making use of such permit is violating or has violated any conditions of such permit; or

(3) The detriment to the public health or safety, or the nuisance arising from the conduct of the massage establishment, or from changed circumstances, necessitates the revocation of the permit; or

(4) The permittee has violated, or permitted any other person under his/her control or supervision to violate any provision of this division or state or federal law in connection with the practice of massage or operation of a massage establishment; or

(5) The permittee has committed any offense involving lewdness, indecent exposure, prostitution, or any other offense which would be grounds for denial of an application, or employees of the establishment have committed such offenses in the course of their employment and the permittee has failed to prevent them from doing so. The employer shall be responsible for those acts of its employees and massage therapists which are done in the course and scope of their employment, or which occur on the premises of the massage establishment.

(Ord. No. NS-516.3, § 1, 1-9-01)

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