For the purposes of this chapter, the following words or phrases shall have the following meanings:
(a) “Bond” shall mean a surety bond or financial guaranty bond in a form, and from a company approved by the City Attorney, for the benefit of the City of Thousand Oaks, assuring refunds to consumers whose health club closes and which club fails to provide refunds within thirty (30) days of such closure.
(b) “Cash deposit” shall mean either (1) cash deposited with the City or (2) a certificate of deposit or savings account with a California financial institution wherein the City is named holder of the account as trustee for refunds to consumers; and (3) the City's signature will be required prior to release of any funds.
(c) “Health club” shall mean any corporation or business which offers or provides to the public, on a membership basis, services, facilities, instruction, training, or assistance in body building, exercising, reducing, figure development, aerobics, or any other similar physical activity.
(d) “Health club contract” shall mean a contract in the form and manner prescribed by California Civil Code Section 1812.80, et seq., between a health club and consumer for health club services.
(e) “Health club closure” shall mean the discontinuation of health club services pursuant to the terms and at the location specified in the health club contract for more than fourteen (14) days. This shall not include temporary closures for a period of up to sixty (60) days, or a longer period approved by the City, in order to make repairs or alterations to existing facilities.
(f) “Refund” shall mean an amount equal to the prorated value of the remaining time on a health club contract at the time of a health club closure. Processing fees, if any, shall be included.
(§ 1, Ord. 1110-NS, eff. July 18, 1991)