5.55.190 Suspension and/or revocation of license.
A. Suspension and Revocation Schedule.
1. The director shall suspend any body scrub facility license for a period of 15 days upon the licensee’s first violation of this chapter.
2. The director shall suspend any body scrub facility license for a period of 45 days upon the licensee’s second violation of this chapter.
3. The director shall revoke any body scrub facility license upon the licensee’s third violation of this chapter within three years. The period of any such revocation shall be one year.
4. The director shall suspend a body scrub facility license upon receipt of notice that the licensee’s required insurance has been canceled until satisfactory proof of insurance is presented to the director.
5. Notwithstanding the provisions of LMC 5.55.080, the director shall deny the renewal of any body scrub facility license or revoke any such license if a licensee has:
a. Made any false or misleading statements on the application for license or misrepresentations to the city in order to induce or prevent action by the city;
b. In connection with the licensee’s operation of a body scrub facility:
i. Engaged in an act of prostitution, or has promoted or permitted prostitution on the licensee’s premises;
ii. Used or distributed controlled substances on the premises of a body scrub facility;
c. Failed or refused to qualify for or obtain any license required by Lynnwood or the state of Washington in connection with the licensee’s operation of a body scrub facility.
B. Notice Procedures for Suspension or Revocation and Hearing and Right to Appeal.
1. Whenever the director has determined that a body scrub facility license shall be suspended or revoked, the director or director’s designee shall issue a notice of suspension or notice of revocation to the licensee.
2. The notice shall be sent to the licensee by certified and regular mail. The written decision shall specify the basis for the director’s determination along with the name of the person involved, dates and description of violation of this chapter, description of action proposed to be taken by the city, the effective date of the revocation or suspension and the procedures for appeal of the director’s determination as stated in subsection (B)(3) of this section.
3. The decision of the director may be appealed by filing a written appeal with the department. The appeal must be filed within 10 business days of the director’s decision, include the appeal fee specified by Chapter 3.104 LMC, and state the factual grounds for the appeal. The hearing examiner shall set a date for the appeal hearing. The city shall notify the parties of record by mail of the time and place of the hearing, which shall be conducted as specified by LMC 1.35.200 et seq., Chapter 2.22 LMC and the rules for hearings adopted pursuant to LMC 2.22.080. Upon the filing of a timely appeal, the director’s decision to revoke or suspend the business license shall be stayed pending a final decision by the hearing examiner on the appeal. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)