(a) Any violation of chapter may be prosecuted as an infraction punishable by fine, or as a misdemeanor and punishable by fine or imprisonment, or both, in accordance with Government Code Section 36900 et seq. All violations shall be a misdemeanor unless made an infraction by: (1) the City Attorney filing a complaint in the Superior Court specifying that the offense is an infraction; or (2) the issuing of a citation specifying that the violation is an infraction; or, (3) the City Attorney making a motion in court to reduce a misdemeanor to an infraction if such motion is made prior to the trial on the matter.
(b) Each day a violation of this Code or other ordinance of the City continues shall constitute a separate offense.
(c) Unless otherwise exempted by the provisions of this chapter, every action, whether from a person acting as an individual, owner, employee of the owner, operator, employee, participant, or helper of the operators who gives massages or conducts a massage business, or who, in connection with the business, gives or administers, or practices the giving or administering of, massages or any of the services defined in this chapter, without first obtaining CAMTC certification and/or a massage establishment certificate of registration, or whose actions otherwise violate any provision of this chapter, shall be and is declared to be unlawful and a public nuisance. In addition to or in lieu of prosecuting a criminal action for violations under this chapter, City may commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law, including any code enforcement procedures established pursuant to the laws of the State of California or the City of Thousand Oaks and may take such other steps, including abatement proceedings to 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. If an injunction is sought, attorney's fees and costs will be assessed at the discretion of the court against the party subject to said injunction. The City may also seek redress through the City's administrative penalty process for civil penalties pursuant to section 1-2.201 et seq.
(d) Any owner, licensee or manager in charge or in control of a massage establishment who knowingly employs a person who is not in possession of a valid, unrevoked CAMTC certification or who allows such persons to perform, operate, or practice within such a place of business, shall be guilty of a misdemeanor. In addition to or in lieu of prosecuting a criminal action under this chapter, City may commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, including any code enforcement procedures established pursuant to the laws of the State of California or the City of Thousand Oaks. City may also take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will 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. If an injunction is sought, attorney's fees and costs will be assessed at the discretion of the court against the party subject to said injunction. The City may also seek redress through the City's administrative penalty process for civil penalties pursuant to Section 1-2.201 et seq.
(Part 2, Ord. 1577-NS, eff. July 27, 2012)