A. Any person who violates any provision of this chapter or any rule or regulation adopted pursuant to section 4-12-2 may, after being provided notice and an opportunity to be heard, be subject to the following monetary and license penalties. The business license official or administrative hearing officer may impose administrative fines and/or license penalties that exceed those listed below where the business license official or administrative hearing officer finds that such higher fines and/or penalties are necessary or appropriate to protect and promote the health and well-being of a massage business' employees, customers, and/or neighbors.
1. Massage Business Operating Without A Massage Business License:
a. Administrative Fine: Up to one thousand dollars ($1,000.00) per day of operating without a license; and
b. License Penalty: Business location and owner of massage business ineligible for a massage business license for one hundred eight (180) days.
c. Repeat Violations: Same penalties as A1a and A1b.
2. Massage Business Employing Any Person Under Eighteen (18) Years of Age:
a. Administrative Fine: None.
b. License Penalty: Mandatory revocation of massage business license. Massage business licensee ineligible for a subsequent license for one hundred eighty (180) days.
3. Solicitation Citations, Charges, Or Convictions, As Defined By Utah Code Annotated, For Anyone Working At Massage Establishment:
a. Administrative Fine: Five thousand dollars ($5,000.00) to be paid by massage establishment licensee; and
b. License Penalty: Mandatory sixty (60) to one hundred twenty (120) days suspension of massage establishment license.
c. Repeat Violations; Revocation: Licensee ineligible for a subsequent massage establishment license at any location for a period of two (2) years.
4. Trafficking Charges Or Convictions, As Defined By Utah Code Annotated, For Anyone Working At Massage Establishment:
a. Administrative Fine: None.
b. License Penalty; Revocation: Licensee ineligible for a subsequent massage establishment license at any location.
c. Repeat Violations: Same penalty as A4b.
5. Massage Establishment Or Outcall Massage Service Employing Individual Without DOPL Certification To Administer Massage:
a. Administrative Fine: One thousand dollars ($1,000.00) to be paid by massage business licensee.
b. License Penalty: None.
c. Repeat Violations: Fifteen (15) to thirty (30) day suspension of massage business license and up to two thousand five hundred dollar ($2,500.00) fine for second occurrence; thirty (30) to sixty (60) day suspension or revocation of massage business license, and up to five thousand dollars ($5,000.00) fine for third occurrence.
6. Massage Facilities Used For Residential Sleeping Purposes:
a. Administrative Fine: Up to one thousand dollars ($1,000.00).
b. License Penalty: None.
c. Repeat Violations: Fifteen (15) to thirty (30) day suspension of massage business license and up to two thousand five hundred dollars ($2,500.00) fine for second occurrence; thirty (30) to sixty (60) day suspension of massage business license and up to five thousand dollar ($5,000.00) fine for third occurrence.
7. Presence Of Beds Instead Of Or In Addition To Massage Tables:
a. Administrative Fine: One thousand dollars ($1,000.00).
b. License Penalty: None.
c. Repeat Violations: Fifteen (15) to thirty (30) day suspension of massage business license and up to two thousand five hundred dollar ($2,500.00) fine for second occurrence; thirty (30) to sixty (60) day suspension of massage business license and up to five thousand dollar ($5,000.00) fine for third occurrence.
8. Any Massage Service Provider Improperly Attired In Violation Of Section 4-12-11F:
a. Administrative Fine: Up to five hundred dollars ($500.00) per person found to be improperly attired, to be paid by massage business licensee.
b. License Penalty: Sixty (60) day suspension of massage business license for each person found to be improperly attired.
c. Repeat Violations: Up to one thousand five hundred dollars ($1,500.00) fine per person to be paid by massage business licensee for second and each subsequent occurrence; one hundred eighty (180) day suspension of massage therapist license and revocation of massage business license.
9. Sanitation Violations Pursuant To Section 4-12-11A:
a. Administrative Fine: None on first offense.
b. License Penalty: None on first offense.
c. Repeat Violations: Up to two hundred fifty dollars ($250.00) fine and sixty (60) day suspension of massage business license.
10. Massage Business Operating Between The Hours Of Ten O'Clock (10:00) P.M. And Seven O'Clock (7:00) A.M.:
a. Administrative Fine: Up to one thousand dollars ($1,000.00).
b. License Penalty: Fifteen (15) to thirty (30) day suspension of massage business license.
c. Repeat Violations: Thirty (30) to sixty (60) day suspension and up to two thousand five hundred dollars ($2,500.00) for second occurrence; sixty (60) to ninety (90) day suspension and up to five thousand dollars ($5,000.00) fine for third and each subsequent occurrence.
11. Anyone Engaged In Lewd Conduct Or Performing Sex Acts As Defined In Section 4-12-11F On Massage Business Premises:
a. Administrative Fine: Two thousand five hundred dollars ($2,500.00) to be paid by massage business licensee; and
b. License Penalty: Revocation of massage business license.
c. Additional: License holder ineligible for subsequent massage business license for a period of five (5) years from the date of license revocation.
12. Failure To Post Notices As Required By Section 4-12-11I:
a. Administrative Fine: Written warning for first violation, two hundred fifty dollars ($250.00) for second and each subsequent violation within twelve (12) months.
b. License Penalty: Thirty (30) day suspension of massage business license for third and subsequent violations.
13. Failure To Properly Display A Valid Massage Therapist Identification Badge, As Required By Section 4-12-11F:
a. Administrative Fine: Two hundred fifty dollars ($250.00) to be paid by massage business; and
b. License Penalty: None.
c. Repeat Violations: Thirty (30) to sixty (60) day suspension and up to two thousand five hundred dollars ($2,500.00) for second occurrence; sixty (60) to ninety (90) day suspension and up to five thousand dollars ($5,000.00) fine for third and each subsequent occurrence.
14. Publishing Advertising In Violation Of Section 4-12-11M:
a. Administrative Fine: One thousand dollars ($1,000.00) fine.
b. License Penalty: Thirty (30) day suspension of massage business license for second and subsequent violations.
15. Interfering With City Staff In Their Performance Of An Inspection, As Prohibited By Section 4-12-13A2:
a. Administrative Fine: One thousand dollars ($1,000.00) fine to be paid by massage business licensee.
b. Repeat Violations: Two thousand five hundred dollar ($2,500.00) fine and thirty (30) day suspension of massage business license for second occurrence; revocation of massage business license for third occurrence.
16. Equipping Interior Doors With Locks Or Locking Devices, Or Locking Exterior Doors, In Violation Of Section 4-12-11G:
a. Administrative Fine: Up to one thousand dollars ($1,000.00).
b. License Penalty: Fifteen (15) to thirty (30) day suspension of massage business license.
c. Repeat Violations: Thirty (30) to sixty (60) day suspension and up to two thousand five hundred dollars ($2,500.00) for second occurrence; sixty (60) to ninety (90) day suspension and up to five thousand dollar ($5,000.00) fine for third and each subsequent occurrence.
17. All Other Violations Of State Or County Health Codes, And This Chapter's Massage Business Regulations:
a. Administrative Fine: Up to one thousand dollar ($1,000.00) fine.
b. License Penalty: Possible suspension or revocation.
c. Repeat Violations: Up to two thousand five hundred dollar ($2,500.00) fine for the second violation and possible license suspension or revocation; up to five thousand dollars ($5,000.00) for the third and subsequent violations, and license suspension or revocation.
B. Notice To Property Owner: Written notice of each notice of violation that proposes to suspend or revoke a massage business license shall be served on the owner(s) of the property upon which the massage business is located, at the same time and in the same manner as required by section 4-12-15.
C. Payment And Collection Of Administrative Penalty And Enforcement Costs: Any administrative penalty and/or enforcement costs assessed under this chapter is a debt to the city and shall be paid to the city. Any amount paid late pursuant to section 4-1-11, shall be subject to an additional late fine of ten percent (10%) on the unpaid amount. The sum of the unpaid amount and the ten percent (10%) late fine shall accrue interest at the rate of one percent (1%) per month (or fraction thereof) until fully paid; any partial payments made shall first be applied to accrued interest. The city may file a civil action or pursue any other legal remedy to collect such unpaid amount, fine, and interest. In any civil action for collection, the city shall be entitled to obtain a judgment for the unpaid amounts, fine, and interest, and for the costs and attorneys' fees incurred by the city in bringing such civil action.
D. Lien For Administrative Penalty: Where an activity or condition on real property within the city has caused, contributed to, or been a substantial factor in causing the violation, the business license official may initiate proceedings to make any unpaid administrative penalty, enforcement costs, fine, and interest, and all additional authorized costs and attorneys' fees, a lien on the property. Such liens shall be imposed in accordance with section 1-16B-21, Utah state law, or any successor provisions. Before initiating lien proceedings, the business license official shall send a request for payment and clearly indicate the intent to initial lien proceedings.
E. No Bar To Criminal Prosecution: Nothing in this chapter shall preclude the prosecution of anyone under any other county or state health codes, or any other laws of the state of Utah, or the laws of the United States of America. (Ord. 2019-24, 9-10-2019)