Subdivision 5. Enforcement

Any model studio license or operator or manager license granted under this Division shall be denied or revoked by the Director after notice and hearing if the licensee, or if the licensee is a partnership or association, any partner or member thereof, or if the licensee is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of its capital stock:

Notice of the hearing before the Director or his designee for revocation of the license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for hearing.

If the Director finds that the model studio for which the model studio license was issued or the model studio operator or manager to whom the model studio operator or manager license was issued does not conform to the standards set forth in Subdivision 3 of this Division, or that the licensee has refused the Director or other authorized person the right to enter the premises to enforce the provisions of this Division, the Director may enter an order for the immediate suspension of the model studio license or the model studio operator or manager license until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the licensee at his place of business by certified mail, which order shall set forth the reasons for said suspension. The licensee shall be afforded an opportunity to be heard by the Director or his designee within fourteen (14) days after the suspension. Notice of the hearing shall be mailed by certified mail to the licensee's business at least ten (10) days prior to the date set for hearing. No person shall operate a model studio when subject to an order of suspension.

Any model studio license granted under this Division shall be suspended by the Director for six (6) months if more than two (2) incidents resulting in convictions of or pleas of nolo contendere to or dispositions under Section 292 or 641, Article 27, Maryland Annotated Code for, any violation of any provision of this Division or of any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, 554, 12, 36, 36B, 41, 121, 122, 125, 237 through 246, 342, 384, 385, 386, 387, 406 through 411, 486, or 488, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, by any person or persons whosoever, shall have occurred on the premises of the model studio within one twelve (12) month period. The licensee shall receive notice of such suspension and shall be entitled to a hearing before the Director. The notice shall be given in writing, shall set forth the grounds for the suspension, and shall state the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for the hearing.

In addition to and not in lieu of the penalties prescribed in Section 5-328 and the enforcement measures provided in Subsections (a), (b), (c), (d), (f), (g), or (h) of this Section, the County, by the Office of Law may enforce this Division by actions for appropriate legal and equitable relief in the Circuit Court for Prince George's County, Maryland, including, but not limited to, actions for mandatory or prohibitory injunctions to require compliance with this Division.

In addition to or in lieu of the enforcement measures prescribed in Subsections (a), (b), (c), (d), and (e) of this Section, the Director may assess and require the payment of a civil penalty not to exceed the amount of Five Hundred Dollars ($500.00) for each violation of this Division.

The Director or his designee, with the assistance of the Police Department, if necessary, is authorized and empowered to take any measures reasonably necessary to effect the closing or otherwise prevent the operation of any business or establishment which the Director finds to operate or conduct business in violation of this Division:

The Director, without limitation, may take the following measures:

The Director or his designee shall at regular intervals inspect the premises of every model studio to determine that it is operated in compliance with this Division. If a properly identified inspector or officer is denied entry to any model studio at any reasonable time, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, given notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing before the Director or his designee to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue to be suspended, as the Director may determine to be appropriate.

The Director or his designee may request the Director of Finance or his designee to inspect and audit the financial books and records of all model studios to determine the continuing compliance with the provisions of this Division. The Director or his designee shall give written notice of the Department's intent to inspect books and records to the model studio. The notice shall state the date, time and place of the audit. The model studio shall produce its books and records at that time and place. If the model studio or its owners or principals unreasonably refuse or fail to produce the books and records after notice, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, give notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing, upon due notice before the Director or his designee, to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue suspended, as the Director may determine to be appropriate.

Every model studio licensee shall prepare and submit to the Director annually with his application for license renewal a certified financial statement, including a statement of income by sources and a statement of financial condition, with respect to the licensed establishment for the year prior to the date upon which the licensee submits his application for license renewal.

Every model studio shall maintain complete and accurate books and records of the income of the establishment and the income of any persons who offer to render or render services within that establishment, setting out with specificity the items of services or goods which generate the income of the establishment or the income of persons associated with the establishment.