§ 5.44.110. Suspension and revocation of County Registration Certificates.  


Latest version.
  • (a)

    Reasons. Certificates of registration may be suspended or revoked upon any of the following grounds:

    (1)

    A practitioner is no longer in possession of current and valid CAMTC-certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage.

    (2)

    An owner or sole proprietor: Is required to register under the provisions of California Penal Code Section 290 (sex offender registration); is convicted of California Penal Code Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (engaging in or soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute); has a business permit or License denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to California Penal Code Sections 11225—11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision.

    (3)

    The county determines that a material misrepresentation was included on the Application for a certificate of registration or renewal.

    (4)

    Violations of any of the following occurred on the Premises of a massage business or were committed by a practitioner: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this chapter.

    (b)

    Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the License Board.

    (c)

    Time Period of Suspension of Permit. The Sheriff may suspend a registration for a period between five (5) days and the end of the License term, at his or her discretion.

    (d)

    Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection (b) will be effective ten (10) days from the date appearing on the order, unless a timely appeal is filed in accordance with subsection (e).

    (e)

    Appeal.

    (1)

    The decision of the Sheriff is appealable to the License Board.

    (2)

    An appeal must be in writing, and be hand-delivered or mailed to the License Board.

    (3)

    An appeal must be received by the License Board on or before the effective date of suspension or revocation provided by subsection (d).

    (4)

    The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the License Board.

    (5)

    A hearing shall be scheduled before the License Board within thirty (30) days. Either the Appellant or the Sheriff's Office may request, in writing directed to the Chair of the License Board, a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the Chair of the License Board, who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged.

    (6)

    The decision of the License Board shall be a final administrative order, with no further administrative right of appeal or reconsideration. The License Board may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. However no revocation or suspension shall be reduced to a length of less than a five-day suspension. Further the License Board may stay the effective date of any suspension for a reasonable time following a hearing.

    (f)

    ReApplication. No reApplication will be accepted within one (1) year after a certificate is revoked.

    (g)

    Evidence. The following rules shall apply to any hearing required by this section. 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. 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. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, the burden of proof is on the registrant in any hearing or other matter under this chapter.

(Ord. No. 04601, § 3, 1-31-2012; Ord. No. 04688, § 6, 2-25-2014)