§ 14-197. Revocation or suspension; hearings.

(a)

The license of a massage therapy establishment issued pursuant to this article may be revoked or suspended by the police chief as follows:

(1)

The following shall subject the licensee to revocation:

a.

The licensee, or any agent of the licensee, employs or permits any individual to perform massage therapy on the premises of the licensee's massage therapy establishment or business when the individual does not hold a current valid license to practice massage therapy;

b.

The licensee, or the legal or beneficial owner of any interest in the licensee, is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in section 14-192;

c.

The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the use of the term "massage therapy" or "massage" to describe, promote or advertise any type of business activity or service offered which is expressly not a massage as defined in section 14-161, or has otherwise fraudulently engaged in the business or profession of massage therapy; or

d.

The licensee violates section 14-165.

(2)

The following shall subject the licensee to suspension:

a.

The licensee or any employee of the licensee violates any provision of this article other than section 14-165 which is cause for revocation;

b.

Any employee of the licensee is convicted of any crime involving sexual misconduct, including, but not limited to, those set out in section 14-192; or

c.

The licensee violates any zoning, building or fire prevention ordinance.

(b)

The license of a massage therapist issued pursuant to this division may be revoked or suspended by the police chief as follows:

(1)

The following shall subject the licensee to revocation:

a.

The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the use of the term "massage therapy" or "massage" to describe, promote or advertise any type of business activity or service offered which is expressly not massage therapy as defined in section 14-161, or has otherwise fraudulently engaged in practicing massage therapy;

b.

The licensee has been convicted of a crime involving sexual misconduct, including those set out in section 14-192;

c.

The licensee has fraudulently obtained a license pursuant to the provisions of this article;

d.

The licensee has allowed the use of his license by an unlicensed person; or

e.

The licensee has violated section 14-165.

(2)

The following shall subject the licensee to suspension:

a.

The licensee or any employee of the licensee violates any provision of this article other than section 14-165 which is cause for revocation; or

b.

The licensee is convicted of a violation of the North Carolina Controlled Substances Law.

(c)

The police chief may, upon notice and an opportunity to be heard, revoke or suspend a license issued pursuant to this article. Notice of a hearing shall be given in writing and served at least ten days prior to the date of the hearing. The notice shall state the grounds of the complaint against the license holder and shall designate the time and place where the hearing will be held.

(d)

The notice of the hearing may be served by hand delivery, by first class mail, or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion.

(Ord. No. 97-0836, § 2(16½-10), 8-11-97)