Oakland |
Code of Ordinances |
Title 5. BUSINESS TAXES, PERMITS AND REGULATIONS |
Chapter 5.36. MASSAGE ESTABLISHMENT AND MASSAGE THERAPISTS* |
§ 5.36.280. Violations.
A.
Misdemeanor. Any person who intentionally or willfully violates any provision of this chapter or recklessly disregards the provisions of this chapter, and that violation threatens the public health, safety or welfare, is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by imprisonment in the county jail not exceeding six month or by fine not exceeding one thousand ($1,000) or by both. For purposes of this section the term person means any firm, association, corporation, limited partnership, limited liability company or other business or corporate entity.
B.
Separate Offenses for Each Day. Any person in violation of this chapter shall be liable and guilty of a separate offense for each day a violation occurs, continues or is permitted.
C.
Public Nuisance. A public nuisance may be summarily abated by the city as such.
D.
Civil Penalties. Any violation under this chapter is subject to civil penalties and administrative citations pursuant to Sections 1.08 and 1.12 of this code.
E.
Liability for Expenses. Violators of this chapter shall be liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation(s). Reinspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the holder of the massage establishment permit. Fees shall be in the amount specified in the city's master fee schedule. The inspection official shall give the massage establishment owner(s), massage therapist(s) or massage therapist trainee(s) written notice showing the itemized cost of such chargeable service and request payment thereof. If the bill is not paid within the time specified, the charges shall be placed as a lien against the property, if applicable, and must be paid in full before a massage establishment permit, massage therapist permit or massage therapist trainee permit is issued or renewed.
F.
Prohibition from applying for or obtaining permits. Any person, firm, association, corporation, limited partnership, limited liability company or other entity that violates, or causes or permits another to violate, any provision of this chapter or that commits a disqualifying offense is prohibited from applying for or obtaining any permit under this chapter for five years from the date of the violation(s).
(Ord. 12675 § 4 (part), 2005)