§ 5-202. Suspension and revocation.

(a)

Any license issued pursuant to this article shall be subject to suspension or revocation subject to the following violations and procedures.

(b)

The city may suspend a license issued to and held by a massage parlor or a massage establishment or a massagist upon any of the following grounds:

(1)

That a massagist who has an infectious or communicable disease has administered a massage.

(2)

That any massagist and/or massagists employed by a massage parlor or a massage establishment or any party specified in subsection (c)(9) of section 5-198 has been convicted of any violation of this article pursuant to subsection (e)(1) of section 5-197 or crime specified in subsection (c)(10) of section 5-198 or subsection (c)(9) of section 5-200.

(3)

That any massagist has violated or permitted to be violated subsection (g) of section 5-197 or subsection (d) or (e) of section 5-200.

(4)

That any massage parlor or massage establishment has violated or permitted to be violated any provision of subsection (g) of section 5-197 or any provision of section 5-200.

(c)

The city shall have authority to suspend a license for a period of from one (1) day to ninety (90) days for each occasion upon which one of the grounds for suspension as above set forth has occurred. Such suspension shall be effective from the time specified and during the period specified pursuant to a hearing as hereinafter provided in this section.

(d)

Notwithstanding any provision to the contrary as specified in the subsection next above the city shall have authority to suspend a license instanter without hearing, to be effective until a hearing as herein provided, whenever any holder of a license issued pursuant to this article:

(1)

Shall have violated any provision for suspension as specified in subsection (b) above on more than one (1) occasion or occurrence prior to a hearing as specified herein; or

(2)

A hearing as specified herein is not held as scheduled by reason of postponement of the same by the holder of the license.

(e)

The city may revoke a license issued pursuant to this article for any of the following reasons:

(1)

Whenever in the judgment of the mayor and city council any holder of a license has violated a provision for suspension as specified in subsection (b) above, and such violation is of sufficient excess, neglect or aggravation as to require revocation rather than suspension or upon a judgment that such violation of this article is continuous.

(2)

That the holder of a license issued pursuant to this article has had such license suspended on more than one (1) occasion during any calendar year wherein revocation of such license shall be automatic.

(f)

Any proceeding for suspension or revocation of a license issued pursuant to this article shall be pursuant to the following procedures:

(1)

Notice of the proceeding to be recommended or pursued by the city shall be given to the holder of the license pursuant to the due process requirements prescribed by state law relative to administrative proceedings specifying the proceeding recommended or to be pursued and the reason therefor pursuant to subsection (b) above. Such notice shall specify the date, time, and place of hearing on such matter at regular or special meeting or the mayor and city council and, if the provisions of subsection (d) above are being followed, a statement that such license is suspended from the time of service of such notice until such hearing.

(2)

The hearing as specified herein shall be held within thirty (30) days of the date of such notice being served upon the holder of the license or by motion adopted at the meeting of the mayor and city council specifying a subsequent date for a hearing.

(3)

At such hearing the holder of the license shall be required to present the license to the city prior to being heard at such hearing. At the conclusion of such hearing said license shall either be marked "revoked" or "suspended" with the period of suspension specified thereon or returned to the holder if no action of suspension or revocation is effected.

(4)

Subsequent to any action of suspension or revocation as provided herein, the city shall have authority to place one (1) or more notices upon any massage parlor or massage establishment in a conspicuous place that the license issued to that parlor or establishment has been suspended or revoked and that the same is not open for the business of providing massages without such parlor or establishment holding a valid license issued pursuant to this article. In the event that the holder of a license fails to deliver the same to the city as regulated herein or upon the license being suspended pursuant to subsection (d) of this section, the city shall have the authority to take possession of such license from the holder.

(Code 1963, § 16½-7)

State law reference

Notice of intended revocation or suspension of license, emergency suspension, Miss. Code Ann. 1972, § 25-43-13.