A. It shall be unlawful for any person to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense.

B. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a violation. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction.

C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance. Such violation may be abated by the City, or by the City Attorney on behalf of the people of the state of California, as a nuisance in any manner provided for in this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the person(s) creating, causing, committing, or maintaining the public nuisance.

D. A City employee may issue administrative citations or civil penalties in accordance with subsection (I) of this section for violation of any of the provisions of this chapter or any regulation adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Any report where the City’s Police Department has concluded that a violation of this chapter has occurred may be considered by the City for review, processing and issuance of an administrative citation or civil penalty.

E. Each criminal citation or complaint, administrative citation, and civil penalty issued for a violation of any provision of this chapter may be issued, levied, or assessed against one or more of the following: the owner, the permittee, operator, massage technician, and any other person who caused, created, committed, or maintained the violation.

F. A violation of any provision of this chapter by any owner, permittee, operator, massage technician or any other person shall constitute grounds for modification, denial, suspension or revocation of the massage business permit.

G. The Chief of Police or designee may deny, suspend or revoke a massage business permit for any violation of this chapter. A change of ownership shall have no effect on the accumulation of violations against the massage business.

The City may issue an administrative citation or civil penalty for any violation of this chapter as follows:

H. Whenever in this chapter any act or omission is made unlawful, it shall include causing, aiding, abetting, suffering, or concealing the fact of such act or omission.

I. The remedies specified in this section are cumulative and in addition to any other remedies available under state or local law for violation of this code. (Ord. 3541 § 1, 2023).