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2022-098 Ordinance
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2022-098 Ordinance
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12/1/2022 12:10:56 PM
Creation date
12/1/2022 11:57:53 AM
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North Olmsted Legislation
Legislation Number
2022-098
Legislation Date
11/29/2022
Year
2022
Legislation Title
Amend Chapter 749 Massage Establishments
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limited utilization of surveillance, undercover and/or confidential informants in <br />accordance with law. <br />749.09 ADMINISTRATIVE APPEAL. <br />(a) A person who has filed a completed registration application and has been denied a <br />registration certificate. nr who has had a registration certificate revoked, may appeal that <br />denial or revocation within fifteen calendar days of the denial or revocation thereof by <br />filing a written statement with the Building and Zoning Board of Appeals (the Board). <br />Foran) appeal taken pursuant to this chapter, the date of mailing as indicted on the <br />Notice of Denial or revocation shall constitute the first day when calculating the time to <br />lake an appeal. The written statement shall include the applicant's full name and contact <br />information (including mailing address. phone number, and e-mail addresses). a copy of <br />the denial or revocation notice from which an appeal is being taken. and shall state with <br />particularly the basis fix such appeal, including a summary of all relevant facts and <br />circumstances. <br />(b) The Board shall review the written statement, shall set a time and a place for an <br />administrative hearing, shall provide reasonable notice prior to such hearing, and shall <br />establish the reasonable procedures therefor. The Board shall determine whether to grant <br />or deny the registration certificate, or whether to sustain or reverse the order of <br />revocation. and shall issue a final determination in writing. Upon final administrative <br />order, an appeal may he taken by the applicant or the City, of North Olmsted to the Court <br />of Common Pleas pursuant to Ohio Revised Code Chapter 2506. <br />74499 PENAIAY. <br />(a) Whoever violates any provision of Section 749.08 or Section 749.05 shall be guilty ol'a <br />misdemeanor of the first degree. <br />(b) Except as otherwise provided in division (a) of this section, whoever violates any <br />provision of this chapter is guilty of a misdemeanor of the fourth degree. <br />(c) If the offender previously was convicted of any provision of this chapter within the past <br />three years, the offense is a misdemeanor of the first degree. <br />(d) In addition to any penally set forth in divisions (a) through (c) above, the Director may, <br />upon notice and hearing. revoke a registration certificate of a massage establishment for a <br />violation of any provision of this chapter. <br />(c) In addition to such penalties, the Director may refer the matter to the Director of law <br />who may seek injunctive relief in a Court of competent jurisdiction to restrain and <br />prohibit o violation of any provision of this chapter, particularly the operation of a <br />massage establishment without in registration certificate In such case, the Court may <br />consider evidence ofsuch violation as causing irreparable harm. <br />
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