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A. Commencing on the effective date of the chapter as codified in this Chapter, all operating permits for a massage establishment shall be issued in accordance with the provisions of this Chapter.
B. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the described persons, businesses or activities were established before or after the effective date of this Chapter, except that massage establishments lawfully in business before the effective date hereof shall have ninety (90) calendar days to submit the necessary application(s) to secure an massage establishment permit as described herein and comply with the terms of this Chapter.
C. Upon request in writing submitted concurrently with an initial application under § 11.07.030, and for good cause shown, the Permit Administrator is authorized to waive the architectural, structural, or building requirements of § 11.07.065B.3. through B.5. for an establishment operating at the time of the effective date of this Chapter. Any such waiver shall be attached to or upon each massage establishment permit. Nothing in this Section waives any Planning, Fire Code or Building Safety requirements that are generally applicable under the Culver City Municipal Code.
D. Provided any existing massage establishment undergoes a change in ownership, or causes, allows, or permits alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, then the massage establishment must comply with all applicable laws, regulations and standards, including those required by this Chapter.
(Ord. No. 2016-009 § 2 (part))
The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this Chapter, including but not limited to, original application, renewal application, and inspection fees. Fees required by this Chapter shall be in addition to any other fees that may be required under any other section, provision, or chapter of this Code.
(Ord. No. 2016-009 § 2 (part))
A. Any person who violates any provision of this Chapter is guilty of a misdemeanor.
B. It is unlawful for any permittee of a massage establishment, or its responsible person, manager or any other responsible person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a massage establishment after the City-issued massage establishment permit has been suspended or revoked, or not renewed, pursuant to a non-contested notice of decision issued by the Permit Administrator, or after the issuance of a Final Order after an appeal hearing.
C. Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this Chapter.
D. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
E. Whenever in this Chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
F. The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this Chapter, the City's Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.
(Ord. No. 2016-009 § 2 (part))
Except as designated in this Chapter, the provisions of this Chapter shall control for regulation of massage establishments as defined herein if other provisions of the Code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
(Ord. No. 2016-009 § 2 (part))