§ 9-74. Term; revocation.

(a)

A permit issued pursuant to this article shall be valid for a period of two (2) years at which time the permittee may apply for a permit renewal to be filed with the city clerk on a form provided for that purpose. Applications for renewal of permits shall be approved by the city manager unless it is determined that the requirements and provisions of this article have not been complied with or maintained. Permits may be revoked by city council at any time if it is determined that the requirements and provisions of this article have not been complied with or maintained. Any permit issued under this article may also be revoked for any of the following reasons:

(1)

Fraud or misrepresentation in the application for the permit;

(2)

Fraud or misrepresentation in the course of conducting the health club business;

(3)

Conducting a health club business contrary to the conditions of the permit or this article;

(4)

Conducting a health club business in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare;

(5)

The licensee has failed to be examined by a licensed physician when required by the city council pursuant to subsection (3), below, or has failed to file any medical certificate required by subsection (3), below; or

(6)

The licensee has been convicted of a felony or any crime involving sexual misconduct, including, but not limited to G.S. Sections 14-177 et seq. and 14-203 et seq., or under any federal statute relating to prostitution, or for violation of any laws or ordinance of any governmental unit related to the business or profession of massage.

(b)

Upon revocation, the city shall deliver written notice to the permit holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the permit holder's place of business or mailed by certified mail to the permit holder's last known address.

(c)

The city council shall have authority to direct that any permit holder under this section submit to a medical examination by a licensed physician approved by the city council. This authority shall be exercised only when the council has reason to believe that any such person has contracted a communicable disease which may pose a serious health hazard to massage patrons if exposed to such permit holder. Refusal to submit to such examination shall be grounds for revocation of such license. Notwithstanding the provisions of this section, every person licensed under this article shall file and continue to file with the city clerk a new medical certificate with each application for renewal of the license prescribed by this article. Failure to file such updated certificates shall be grounds for revocation of such license.

(Ord. of 11-22-93, § 14; Ord. of 8-28-2000, § 1)