§ 5.58.180. Enforcement and penalties.

A.

It is the duty of the Chief of Police, or other authorized City officials and their designees, to enforce the rules and regulations in accordance with this Chapter.

B.

Each day a violation exists constitutes a separate and distinct offense. Suspension or revocation of a Massage Establishment Permit shall be governed by the provisions of this Chapter.

C.

Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this Chapter as criminal actions, and the City may also enforce violations of this Chapter as civil and/or administrative actions.

D.

If a person falsely states or advertises or puts out any sign or card or other device, or falsely represents to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner, that person shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, to be assessed and collected in a civil action brought by the City Attorney, District Attorney, or Attorney General.

E.

Unless otherwise stated in this Chapter, violation of any provision of this Chapter is a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Revocation of a license or permit or certificate shall not be a defense against prosecution.

F.

Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action(s) or proceeding(s) for the abatement, removal and enjoinment thereof, in a manner provided by law.

( ORD-18-0018 § 1, 2018)