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This Article shall not apply to any of the following who hold current, unrevoked licenses or certificates from the State of California:
(a) Physicians as defined in Section 4033 of the Business and Professions Code;
(b) Drugless Practitioners as defined in Section 2138 of the Business and Professions Code;
(c) Psychiatric Technicians as defined in Section 4502 of the Business and Professions Code;
(d) Psychologist as defined in Section 2903 of the Business and Professions Code; or
(e) Persons working under the immediate control and direction of persons specified in Subsections (a), (b), (c) or (d) of this Section.
(Added by Ord. 241-77, App. 6/17/77)
This Article shall not apply to:
(a) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances;
(b) Any act authorized or prohibited by any state statute;
(c) Entertainment as defined in Section 1060, Article 15.1 of this Code, and as regulated by Section 1060.9.1 of said Code.
(Added by Ord. 241-77, App. 6/17/77; amended by Ord. 163-17, File No. 170443, App. 7/27/2017, Eff. 8/26/2017)
Every permittee who conducts or assists in conducting or permitting any Encounter Studio as defined herein shall pay to the Tax Collector an annual license fee payable in advance. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Amended by Ord. 555-81, App. 11/12/81; Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
Every person engaged as an employee of an Encounter Studio who requires a permit from the Police Department pursuant to the provisions of Section 1072.3 of this Article shall pay an annual license fee. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
(Added by Ord. 555-81, App. 11/12/81; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
No permit shall be transferable or assignable except with the written consent of the Chief of Police. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as requested herein for initial application for such a permit.
(Amended by Ord. 555-81, App. 11/12/81)
Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor or an infraction.
(a) If charged as an infraction the penalty, upon conviction of such person, shall be by a fine not exceeding $500;
(b) If charged as a misdemeanor the penalty, upon conviction of such person, shall be by imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment;
(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. Such charging decisions shall be at the sole discretion of the District Attorney;
(d) Nothing herein shall prohibit the District Attorney from exercising the sole discretion vested in him by law to charge an operator, employee, or any other person associated with an Encounter Studio with violating this or any other local or state law.
(Added by Ord. 241-77, App. 6/17/77)
Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Chief of Police if the Chief of Police deems after a noticed hearing, that violation of the regulations or any provisions of the Municipal Code has occurred. A permit may be revoked for such violations as set forth in Section 1072.16, above.
(Added by Ord. 241-77, App. 6/17/77)
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