Chapter 4.14 MASSAGE REGULATIONS

B. The city is authorized, by virtue of the State Constitution and California Government Code Section 51031, to regulate massage establishments and impose reasonable standards relative to the conditions of operation of the massage establishment;

C. There is significant risk of injury to massage clients with certain medical conditions and this chapter provides certain safeguards against injury and economic loss;

D. There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments can be brothels in disguise. The establishment of reasonable standards for issuance of licenses or permits and restrictions on operations would serve to reduce the risk of illegal activity;

E. The restrictions and requirements contained in this chapter reduce the burdens on the city’s police force and permit the deployment of personnel such that more serious crimes may be prevented;

F. The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved. [Ord. 2018-194 § 3 (Exh. A)].

4.14.020 Definitions.

For the purposes of this chapter, the words, terms, and phrases set forth in this section shall have the meanings herein set forth below unless the context clearly requires a different meaning.

“Acupressure” means manual pressure over the body’s acupuncture points wherein the stimulation over these points will balance the flow of chi throughout the body by the restoration of the energy flow to help improve the patient’s health according to Eastern philosophies.

“Applicant” means a person, as defined in this section, applying for a license under this chapter as a massage establishment operator.

“California Massage Therapy Council” means the state-organized nonprofit organization created to regulate the massage industry as set forth in California Business and Professions Code Division 2, Chapter 10.5 (commencing with Section 4600, as amended). The California Massage Therapy Council may also be referred to herein as “CAMTC.”

“Certified massage therapist” means any person holding a current and valid state certification issued by CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended.

“City manager” means the city manager of the city of Aliso Viejo or his or her designee.

“Completed application” means an application packet, in the form provided by the city, together with all of the information required under AVMC 4.14.090, 4.14.120(C), and 4.14.190(B), as applicable, including, but not limited to, all verified fingerprints required. The application shall be completed in the manner given, and not altered in any way by the applicant.

“Conviction” or “convicted” means a verdict or formal judgment of guilt, or entry of a plea of guilty or nolo contendere in a criminal proceeding, where the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under California Penal Code Section 1203.4 allowing the applicant to withdraw his or her plea of guilty and to enter a plea of not guilty, or dismissing the accusation or information.

“Disqualifying conduct” means the occurrence of any of the following events within five years immediately preceding the date of filing of the application in question or, in the case of nonrenewal, revocation or suspension proceedings, within five years of the date of notice of hearing pursuant to AVMC 4.14.220:

1. A conviction in a court of competent jurisdiction of any of the following:

a. Any infraction, misdemeanor, or felony offense which relates directly to the operation of a massage establishment, or the performance of a massage, whether as a massage establishment owner or operator, or as a certified or uncertified massage therapist;

b. Any felony the commission of which occurred on the premises of a massage establishment;

c. A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code Section 290;

d. Any crime specified in California Penal Code Section 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 266h, 266i, 314, 315, 316, 318, 647(a), 647(b), or 647(d);

e. Any crime specified in California Government Code Section 51032;

f. Any offense involving the sale of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058;

g. Any crime involving dishonesty, fraud, deceit, or moral turpitude;

h. Conspiracy or attempt to commit any of the aforesaid offenses;

i. Any lesser-included or related offense of any of the aforesaid offenses, which may be in satisfaction of, or as a substitute for, any of the aforesaid crimes;

j. Any offense in a jurisdiction outside the state of California which is the equivalent of any of the aforesaid offenses.

2. For purposes of considering whether to renew or revoke a license, the licensee has engaged in or committed any of the conduct described in California Penal Code Section 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 266h, 266i, 314, 315, 316, 318, 647(a), 647(b), 647(d), or California Government Code Section 51032.

3. The applicant is required to register under the provisions of California Penal Code Section 290.

4. The applicant has become subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state of California.

5. The applicant has become subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Health and Safety Code Sections 11570 through 11587 or any similar provisions in a jurisdiction outside the state of California.

6. The denial, nonrenewal, suspension, or revocation of any license or permit issued by any state, county, city, or other local government within the United States for the operation of a massage establishment or for the performance of massages, except that denial of license or permit for the operation of a massage establishment shall not be considered if the sole basis for the denial was the prohibition of the use within the zoning or planning district in which the use was proposed to be located.

7. The applicant has been convicted of touching specified anatomical areas of oneself or of another person while providing massage services or while within view of a customer or patron of the massage establishment.

8. The applicant has been convicted of exposing the specified anatomical areas of oneself or of another person to view while providing massage services or while within view of a customer or patron of the massage establishment.

9. The applicant has employed or used massage therapists without valid CAMTC certificates.

“Employ” includes, without limitation, contracting with independent contractors.

“Employee” includes every owner, partner, manager, supervisor, and worker, whether paid or not, in the operation of a massage establishment during business hours, including, without limitation, independent contractors.

“License” means the license to operate a massage establishment.

“Licensed health care professional” means a physician, surgeon, chiropractor, nurse, physical therapist, cosmetologist, barber, acupuncturist, acupressurist, or osteopath who is duly licensed to practice their respective professions in the state of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses.

“Licensee” means a person who has been duly licensed by the city pursuant to this chapter as either a massage establishment owner or operator.

“Manager” means a person who has been designated by an operator pursuant to AVMC 4.14.120(E) to be responsible for the operation of a licensed massage establishment and who has submitted the information required by AVMC 4.14.090(C) to the Orange County sheriff’s department.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. The term “massage” also includes the following businesses, callings, or occupations:

1. Acupressure;

2. Anatomy care;

3. Body wrap;

4. Holistic health center or practitioner;

5. Holistic therapy;

6. Hydrotherapy;

7. Public bath;

8. Sauna;

9. Sports massage;

10. Herbal massage;

11. Massage parlor;

12. Reflexology.

“Massage chair” means an industry standard chair intended for massage; does not include a self-operating massage chair in which a patron is massaged by the chair without the assistance of another person, including, without limitation, a certified massage therapist.

“Massage establishment” means any establishment having a fixed place of business where any individual, person, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on for consideration massages, baths, or health treatments involving massages or baths.

“Massage table” means an industry standard table intended for massage; does not include a mattress or a bed.

“Operator” means a person who has applied pursuant to AVMC 4.14.090, and who has been issued a license to operate a massage establishment pursuant to AVMC 4.14.100.

“Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

“Public bath” means any place where there are given steam baths; electric lights baths; electric tub baths; shower baths; sponge baths; sunbaths; mineral baths; mud baths; vapor baths; Russian, Swedish, or Turkish baths; or any other type of baths, fomentations, alcohol rubs or any other types of rubs; or giving salt glows or any type of therapy; any public bathing place which has in connection therewith a steam room, hot dry room, plunge, shower bath, or sleeping accommodations; or any public bathing place where there is communal bathing or communal use of spa or whirlpool facilities and a massage service is also performed.

“Reflexology” is the application of pressure, stretch, and movement to the feet and hands of a clothed patron to affect corresponding parts of the body, and is included in the definition of massage.

“Sauna” means an establishment or place primarily in the business of providing a steam bath or massage services.

“Specified anatomical areas” means and includes any of the following:

1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered, human:

a. Genitals, pubic region; or

b. Buttocks, anus, anal cleft; or

c. Female breasts below a point immediately above the top of the areola; or

d. Male genitals.

“Specified sexual activities” means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual stimulation or arousal;

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints;

5. Human excretion, urination, menstruation, vaginal or anal irrigation;

6. Fondling or other touching of human genitals, pubic region, buttock, or female breast.

“Table shower” means the bathing or massaging of a person on a table where water is distributed overhead by means of shower nozzles. Table showers and vichy showers are permitted with a conditional use permit. If a table shower is within (1) a hotel with 50 or more rooms and co-located with a spa or (2) a hotel with 50 or more rooms and co-located with a fitness center then an administrative use permit shall be required.

Vichy Shower. See “Table shower” definition. [Ord. 2018-194 § 3 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

4.14.030 Exemptions.

A. This chapter shall not apply to the following classes of individuals, and they shall be exempt therefrom, while engaged in the performance of the duties of their respective professions:

1. A licensed health care professional may administer massage therapy treatments without a massage establishment license as an adjunct to the respective profession under the following circumstances:

a. The licensed health care professional shall be present at the facility at least 50 percent of each workweek or portion thereof;

b. The licensed health care professional shall be readily available to the certified massage therapist at all other times for advice, assistance, and instruction;

c. Prior to massage therapy, the licensed health care professional shall initially examine the patient and prepare a written treatment program for the patient relating to physical therapy, which the licensed health care professional shall maintain on site for two years;

d. The licensed health care professional shall evaluate, as medically necessary, the massage therapy treatment program and the certified massage therapist’s performance in relation to those patients under active care;

e. At the termination of treatment, the licensed health care professional shall perform and record an evaluation of the patient and his/her response to the treatment, which record the licensed health care professional shall maintain on site for two years;

f. If more than 15 percent of the floor area of the licensed health care professional’s facility is used to perform massages, or if 15 percent of the gross receipts are derived from massages, then a massage establishment license and a conditional use permit shall be required;

g. Individuals administering massages as an adjunct to any treatment performed by a licensed health care professional are required to be certified massage therapists.

2. Individuals administering massages or health treatment involving massage to persons participating in road races, track meets, triathlons, and similar athletic or recreational events shall be exempt from the provisions of this chapter; provided, that all of the following conditions are met:

a. The massage services are made equally available to all participants in the event;

b. The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations, students from the participating schools, members of participating organizations, etc.;

c. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;

d. The sponsors of the event have been advised of and have approved the provision of massage services; and

e. The persons providing the massage services are not the primary sponsors of the event.

3. Coaches and trainers employed by accredited high schools, community colleges or universities while acting within the scope of their employment, as well as trainers of amateur, semi-professional or professional athletes or athletic teams while acting in that capacity.

4. Barbers, cosmetologists, estheticians and manicurists duly licensed by the state of California while performing activities encompassed by their respective licenses, except that this exemption applies solely for the massaging of the neck, face and/or scalp of the customer or patron of a barber, cosmetologist, or esthetician, or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves and/or feet.

B. Any establishment that provides massage services exclusively through self-operating massage chairs and/or massage beds in which the person receiving the massage is operating the massage chair or massage bed without assistance from another person, including, without limitation, a certified massage therapist, shall be exempt from the requirements of this chapter. [Ord. 2018-194 § 3 (Exh. A)].

4.14.040 Off-premises massage.

A. No massage regulated by this chapter shall be performed at a place or location other than at premises for which a valid massage establishment license has been obtained under this chapter, except in the following circumstances:

1. A massage may be performed at premises expressly exempted or excepted by AVMC 4.14.030 provided the massage is performed by a person exempt under AVMC 4.14.030 or by a certified massage therapist.

2. A certified massage therapist may perform massages at a place or location other than at premises for which a valid massage establishment license has been obtained under this chapter; provided, that such massages are performed in compliance with AVMC 4.14.110(H), (J), (L), (M), (N), (O), (P), (Q), (S) and (DD). [Ord. 2018-194 § 3 (Exh. A)].

4.14.050 Display of licenses and permits.

Each massage establishment shall display its massage establishment license and the CAMTC certificate of each certified massage therapist employed or performing massages at the establishment in an open and conspicuous place on the premises. Passport-size photographs of the massage establishment licensee and each certified massage therapist shall be affixed to the respective license and certifications on display pursuant to this section. Each certified massage therapist shall display his or her CAMTC certificate, with a photograph of the certified massage therapist affixed thereon, on their person at all times in a visible location when present in the massage establishment and/or performing massage. Such identification shall be provided to city officials upon demand. [Ord. 2018-194 § 3 (Exh. A)].

4.14.060 Reapplication after denial or revocation.

A. An applicant for a license under this chapter, whose application for such license has been denied, may not reapply for such license for a period of one year from the date such notice of denial was deposited in the mail or received by the applicant, whichever occurs first. However, a reapplication prior to the expiration of one year may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

B. A licensee under this chapter whose license has been revoked or not renewed may not reapply for such license for a period of two years from the date of such revocation or nonrenewal. [Ord. 2018-194 § 3 (Exh. A)].

4.14.070 No refund of fee.

No refund or rebate of a license fee shall be allowed by the reason of the fact that the licensee discontinues an activity for which a license is required pursuant to this chapter, or that the license is suspended, revoked, or not renewed. [Ord. 2018-194 § 3 (Exh. A)].

4.14.080 Massage establishment license required.

A. It shall be unlawful for any person to own, operate, manage, engage in, conduct, or carry on, in or upon any premises within the city, a massage establishment without a massage establishment license obtained in accordance with this chapter, unless otherwise exempted in accordance with the provisions of this chapter.

B. A massage establishment license shall not be valid unless and until a conditional use permit is applied for and obtained for such massage establishment pursuant to AVMC Title 15.

C. A massage establishment license may only be issued to the person signing the application, after compliance with the requirements of this chapter and all other applicable provisions of this code, including, but not limited to, the payment of the appropriate application license fees.

D. A separate license shall be obtained for each separate massage establishment owned, operated, or managed by such person.

E. It shall be unlawful for a massage operator or manager of a massage establishment to allow a massage therapist to work in the massage establishment if the massage therapist is not a certified massage therapist. [Ord. 2019-210 § 6; Ord. 2018-194 § 3 (Exh. A)].

4.14.085 Massage establishment license application fee.

Any application for a massage establishment license shall be accompanied by a nonrefundable fee in an amount established by resolution of the city council. The application fee shall be used to defray the costs of investigation, report, and related application processing issues. [Ord. 2018-194 § 3 (Exh. A)].

4.14.090 Application for massage establishment license.

A. A completed application for a massage establishment license shall be personally delivered to the city manager, or his or her designee, along with a nonrefundable fee in an amount established by resolution of the city council.

B. The completed application shall include the following information:

1. The exact nature of the massage treatments to be administered;

2. The proposed place of business and facilities therefor;

3. The current and valid name and address of the applicant, and any other names, including pseudonyms, aliases, alternate names, or nicknames used within 10 years of the date of the application filing;

4. Driver’s license number or other government-issued identification number or resident alien number, if applicable;

5. The exact name, including any fictitious name, if applicable, under which the business is to be operated;

6. A sketch or diagram showing the complete interior configuration of the business, including, without limitation, the location of the restrooms, massage rooms, customer areas, employee-only designated areas, and demonstrating compliance with massage establishment facilities requirements as identified in AVMC 4.14.110. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale, with marked dimensions of the interior of the premises to an accuracy of plus or minus 12 inches;

7. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant;

8. The name, address, and description of any other business within the city or the state that is owned or operated, wholly or in part, by the applicant;

9. The application shall not be deemed complete until the applicant has furnished clear, legible, and classifiable fingerprints, as reasonably determined by the Orange County sheriff’s department, to the city for the purpose of establishing identification;

10. If the applicant is not the owner of the property proposed as the location for the massage establishment, the applicant shall submit a notarized statement signed by the property owner, consenting to the operation of the massage establishment at the location by the applicant, and a copy of the lease between the property owner and the applicant for the massage establishment;

11. If the applicant is assuming control over an existing massage establishment, and the existing licensee will not be an owner or operator of the massage establishment for the entire term of the new license, then the new license shall not be issued unless and until the former massage establishment license has been surrendered and relinquished to the city;

12. Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant;

13. Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a 10-year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof;

14. Whether the applicant has ever been convicted of any crime specified in California Government Code Section 51032 and, if so, the circumstances thereof and the sentence therefor;

15. Tax ID number used for the income tax reporting for the business applying for;

16. Social Security number;

17. Acknowledgement in the application that the appointment of a manager by the applicant constitutes consent by the applicant for assumption of responsibility for all acts and conduct of the manager, including service of notices by the city;

18. A signed statement that the applicant shall employ only certified massage therapists to provide massage services;

19. A certificate of compliance from both the city of Aliso Viejo building and safety division and the Orange County health department. Any required inspection fees shall be the responsibility of the applicant. If the report of full compliance is not received by the city within 60 days of the date of filing, the application shall be deemed void and paid fees are nonrefundable. A new application must then be filed and the necessary fees paid; and

20. Such other information as may reasonably be deemed necessary by the city manager or determined as necessary by the Orange County sheriff’s department to investigate the accuracy and veracity of the information required in the application.

C. The applicant shall also complete an application provided by the Orange County sheriff’s department to enable the sheriff’s department to conduct a background investigation of the applicant through the Department of Justice. The city manager, or his or her designee, shall make a copy of the completed application and return the original application to the applicant. The applicant shall be required to submit the original completed application to the Orange County sheriff’s department along with any fees required by the Orange County sheriff’s department. Upon completion of the Orange County sheriff’s department’s investigation of the applicant, the results of the investigation will be provided to the city manager, or his or her designee, along with a recommendation for approval or denial of the applicant’s requested license.

The application to be submitted to the Orange County sheriff’s department shall require the following information:

1. The previous addresses of applicant, if any, for a period of 10 years immediately prior to the date of the application and the dates of residence at each;

2. Written proof that the applicant is at least 18 years of age;

3. The history of the applicant as to the ownership, operation, or management of any massage establishment or similar business or occupation within 10 years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in previously owning, operating, or managing a massage establishment whether or not such person has had a permit or license for a massage establishment revoked or suspended and the reasons therefor; and the business, activity or occupation the applicant engaged in subsequent to revocation or suspension;

4. All criminal convictions or offenses described in the definition of “disqualifying conduct” in AVMC 4.14.020; whether the applicant is required to register under the provisions of California Penal Code Section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235, California Health and Safety Code Sections 11570 through 11587 or any similar provisions of law in a jurisdiction outside the state of California;

5. Applicant’s gender, height, weight, and color of eyes and hair;

6. Five prints of a recent passport-size photograph of applicant;

7. Business, occupation, or employment history of the applicant for the 10 years immediately preceding the date of the application;

8. If the applicant is a corporation, limited liability company, limited liability partnership, general or limited partnership, or other form of business entity other than a sole proprietorship, the name of the business entity shall be set forth exactly as shown in its articles of incorporation or formation document, together with the names and residence addresses of each of its officers, directors, managing members, and/or general partners and each stockholder, member, or limited partner holding more than five percent of the stock of or interest in the business entity, along with the amount of stock or interest held. If one or more of the partners or members is a corporation, the information required herein for the applicant shall also be required for such partners or members. The application shall be signed by the individual who is and shall be responsible for all actions, omissions, and conduct of the applicant;

9. The names and residence addresses of all persons currently employed or intended to be employed in the massage establishment, regardless of the nature of the employment, including the names and addresses of any person with a CAMTC certification, along with the proposed or actual nature of the work to be performed, and recent passport-sized photographs, suitable for the city manager to process the application for the massage establishment license. A copy of each certified massage therapist’s CAMTC certificate shall be submitted with the application;

10. If the applicant is an individual, he or she shall sign the application under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated. If the applicant is an entity, the responsible managing officer or official shall sign the application under penalty of perjury that all information contained in the application is true and correct;

11. A signed notarized statement that the manager shall be responsible for the conduct of all employees, massage therapists, attendants, and person employed as a salaried or contract employee or retained as an independent contract working on the premises of the massage establishment or any person who volunteers his or her services at the massage establishment. The statement shall provide that the manager acknowledges that any failure to comply with local, state, or federal law may result in the revocation of the massage establishment license; and

12. Any additional information the Orange County sheriff’s department deems necessary.

D. Notwithstanding the fact that an application filed hereunder may be a “public record” under California Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant’s residence address and telephone number, the applicant’s date of birth and/or age, the applicant’s driver’s license and/or Social Security number, and/or personal financial data. The city council in adopting the regulations set forth in this chapter has determined in accordance with California Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public the information set forth above. [Ord. 2018-194 § 3 (Exh. A)].

4.14.100 Approval or denial of massage establishment license.

A. Within 75 days following receipt of a completed application, the city manager shall either issue the license or mail a written statement of the reasons for denial thereof, unless such period is continued for good cause as provided herein. The decision of the city manager is final, subject to AVMC 4.14.105.

B. The city manager may continue his/her determination to approve or deny a completed application for a period not to exceed 60 days, in the event that the review of a completed application involves obtaining documents, records, or information from another governmental agency, including, but not limited to, the state of California, Department of Justice, and that agency cannot reasonably respond to the city manager’s request within the time specified in subsection (A) of this section, or in the event that additional time is necessary to complete the identification or refingerprinting of the applicant. In the event the city manager determines to continue the application review period, written notice shall be mailed to the applicant stating the period of the continuance and the reasons therefor.

C. If criminal charges are pending against an applicant within a court or public agency, the conviction of which would result in the denial of the application, the city manager shall suspend review of the application pending the final disposition of the criminal charges. The city manager shall send written notice to the applicant notifying him/her that the review of his/her application is suspended pending the final disposition of the current criminal charges. The applicant shall then have the obligation of notifying the city manager when a final decision is reached, and the outcome of the criminal matter is decided (i.e., conviction, dismissal, etc.). During the period of suspension, the application shall be treated as if it were never submitted, and the 75-day review period shall not commence or run during the period of suspension. Once the city manager receives notice from the applicant of the final disposition of a criminal matter the city manager shall resume his/her review of the application. The 75-day review period shall commence on the date that the city manager receives notice of the final disposition of the criminal charges from the applicant. If an applicant fails to notify the city manager of the final disposition of the criminal charges within 180 calendar days of the disposition, the application shall be deemed expired, and the applicant will be required to submit a new application.

D. The city manager shall deny a license where any of the following conditions exist:

1. The applicant has made one or more material misstatements in the completed application for a license or the Orange County sheriff’s department’s application; or

2. The applicant, if an individual; any stockholder holding more than five percent of the stock, if a corporation; the officers and directors, and each of them, if a business entity; the partners, including limited partners, and each of them, if a partnership; the members, and each of them, holding more than five percent of the interest in the entity if a limited liability company; or the manager or other person principally in charge of the operation of the business has engaged in disqualifying conduct in the 10 years immediately preceding the date of the application; or

3. The massage establishment, as proposed by the applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all the city’s building, fire, zoning, and health regulations; or

4. The applicant or any persons to be employed at the massage establishment are persons who have engaged in disqualifying conduct; or

5. The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or

6. The applicant is less than 18 years of age.

E. In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to California Welfare and Institutions Code Sections 601 to 914.

F. Within the time frame specified in subsection (A), (B), or (C) of this section, if applicable, written notice of the city manager’s decision shall be delivered to the applicant, and other person(s) designated on the completed application, at the address(es) designated in the license, by certified mail and regular mail, postage prepaid. [Ord. 2018-194 § 3 (Exh. A)].

4.14.105 Request for reconsideration on denial of license.

If the city manager denies a massage establishment license as provided in AVMC 4.14.100(D), then the decision shall be final, unless the applicant files a written request for reconsideration with the city manager within 10 calendar days of the date of the city manager’s written notice of denial. Upon receipt of the written request, the city manager shall reconsider the application together with any new records, documents, or information presented by the applicant, or discovered by the city, within the time and in the manner provided in AVMC 4.14.100. The city manager’s decision on the reconsideration shall be final. [Ord. 2018-194 § 3 (Exh. A)].

4.14.110 Massage establishment facilities and operations requirements.

All massage establishments shall comply with the following facilities and operations requirements:

A. Massage establishments shall comply with all applicable requirements of the building, fire, electrical, plumbing, and other such uniform codes adopted, as modified, by the city;

B. A minimum of one toilet and wash basin shall be provided in accordance with duly adopted city requirements;

C. Cabinets or other covered space shall be provided for the storage of clean linen. Safe and sanitary receptacles shall be provided for the storage of all soiled linen and paper towels;

D. Minimum ventilation shall be provided in accordance with the applicable building codes of the city. Partitions shall be constructed to allow for adequate ventilation in cubicles, rooms and areas provided for patrons’ use, which are not serviced directly by required windows or mechanical systems of ventilation, such that the height of partition does not exceed 75 percent of the floor-to-ceiling height of the area in which they are located;

E. All plumbing and electrical installations shall be installed under permit and inspection of the city’s building inspection department and such installations shall be installed in accordance with the applicable provisions of the building, fire, electrical, plumbing, and other such uniform codes adopted, as modified, by the city;

F. The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface;

G. All lavatories or wash basins shall be provided with hot and cold running water, soap dispenser, trash receptacle, and single-service towels in wall-mounted dispensers;

H. All massage establishments shall be provided with clean and sanitary towels, sheets, and linens in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle;

I. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities including appliances and apparatuses of the massage establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use;

J. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any type of massage and said instruments shall be disinfected and sterilized after each use;

K. No massage establishment shall be equipped with locking mechanisms on any interior door that would impede inspection to massage treatment rooms, including, but not limited to, a locking mechanism on any treatment room door, unless there is no person on staff who is available to assure the security for patrons and massage staff that are behind closed doors. Said doors shall not be equipped with a “peep hole” or any other device that allows anyone to see into or out of the rooms when the door is closed. For the purpose of this chapter, a staff member is available to assure the security of patrons and massage staff when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms;

L. Massage shall only be administered on a massage table or massage chair;

M. Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material;

N. Massage chairs shall be covered with towels, sheets, linens or heavy white paper prior to massage services being provided to a patron;

O. There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use on or in connection with specified sexual activities, including, but not limited to, vibrators, dildos, or condoms, or any goods or items which are replicas of or which simulate specified anatomical areas on the premises of the massage establishment;

P. No touching or exposing of specified anatomical areas by the applicant or any of his or her employees, independent contractors, volunteers to another person or persons while at the massage establishment;

Q. No specified sexual activities shall take place at any time in the massage establishment;

R. No massage establishment shall be equipped with tinted or one-way glass in any room or office;

S. To assure patrons’ health, safety, sanitation, and comfort, all employees and certified massage therapists shall be clean and dressed appropriately in clean, opaque clothing which does not expose the genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola when performing services upon the premises. Attire worn by all employees and certified massage therapists, while engaging in the practice of massage for compensation, or while visible to patrons in the massage establishment, may not include the following:

1. Attire that is transparent, see-through, or substantially exposes the certified massage therapist’s undergarments,

2. Swim attire, if not providing a water-based massage modality approved by CAMTC,

3. Attire that constitutes a violation of California Penal Code Section 314,

4. Attire that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California;

T. Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. All letters and numbers shall be capitals not less than three-fourths inch in height. No services shall be performed and no sums shall be charged for such services other than those posted. All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for administration of massages, baths, or health treatments, unless no other room exists in the massage establishment;

U. No massage establishment shall be kept open for business or operated between the hours of 9:00 p.m. and 7:00 a.m., unless otherwise specified in the conditional use permit’s conditions of approval;

V. No massage establishment shall be open for business without having a valid license and at least one on-duty certified massage therapist holding a valid CAMTC certificate on the premises at all times when said establishment is open;

W. No massage establishment shall employ massage therapists who are not CAMTC certified;

X. No alcoholic beverages or controlled substances shall be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises of any massage establishment;

Y. Every entrance to a massage establishment shall be lit with at least one artificial light of not less than one foot-candle of light, measured within a five-foot radius on each side of the door after sunset. The light source shall be controlled by a photocell device or an uninterruptible A.C. power source;

Z. A sign, that is in compliance with the sign requirements of this code, shall be posted at the main entrance to the premises identifying the establishment as a massage establishment. Any and all of the massage establishment’s lit signage shall be turned off at the close of business;

AA. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises;

BB. A complete and current list/roster of the legal names, residential addresses, and CAMTC certificate numbers of all massage therapists and the legal names and residential addresses of all non-CAMTC certified employees and/or independent contractors working at the massage establishment shall be kept at the massage establishment. That list shall also include the legal name and residential address of the manager of the massage establishment. This roster shall be kept at the massage establishment premises and be available at all times for inspection by the city;

CC. The applicant shall notify the city in writing of the names, addresses, and nature of the work of any new employees, prior to such employee commencing work at the massage establishment, and supply the photographs described in AVMC 4.14.090. If the new employee is to perform massage, then the applicant shall provide a copy of the employee’s valid and current massage CAMTC certificate required by this chapter. Such new employees that are not CAMTC certified shall allow fingerprints to be taken for the purpose of identification upon request. “Employee” includes every owner, partner, manager, supervisor, and worker, whether paid or not, in the operation of a massage establishment during business hours;

DD. Minimum lighting shall be provided in accordance with the electrical code adopted by the city and, in addition, at least one artificial light of not less than 10 foot-candles shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such a room or enclosure;

EE. No massage establishment shall allow the audio and/or video recording of, or monitoring of, any patron, without the prior written consent of the patron;

FF. During the hours of operation, only a patron receiving massage services shall be allowed in a massage room with a certified massage therapist except as follows: (1) the parents or guardian of a patron who is a minor child may be present; (2) the minor child of a patron may be present in a massage room with the patron; or (3) the conservator, aide, or other caretaker of a patron may be present in a massage room;

GG. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on their list of services required under subsection (T) of this section;

HH. The following notice shall be posted in a conspicuous place in the massage establishment. The notice must be easy to read by any person, must be displayed in English and Spanish, and must be visible to anyone entering the massage establishment:

NOTICE TO ALL PATRONS: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY AUTHORIZED CITY OF ALISO VIEJO PERSONNEL WITHOUT PRIOR NOTICE.

II. A sign, at least eight and one-half inches by 11 inches in size, containing the following written notice in minimum 16-point font, shall be posted in a conspicuous place in the massage establishment, displayed in English, Vietnamese, Mandarin, Spanish, Cantonese, Korean, and easy to read by any person entering the premises:

If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity – call the National Human Trafficking Hotline at 1-888-373-7888. Victims of slavery and human trafficking are protected under United States and California Law. These hotlines are:

• Available 24 hours a day, 7 days a week

• Toll-free

• Operated by nonprofit, nongovernmental organizations

• Anonymous and confidential

• Accessible in more than 160 languages

• Able to provide help, referral to services, training, and general information

JJ. No massage establishment may be located within a radius of 1,000 feet of another massage establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. If two or more massage establishments are located within 1,000 feet of each other prior to the effective date of the ordinance codified in this chapter, the massage establishment first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of this subsection, and the later established use(s) shall be deemed nonconforming to the locational requirement. No nonconforming massage establishment shall be increased, enlarged, extended or altered in size or area. Notwithstanding the foregoing, hotels that provide massage services to their patrons shall be exempt from the distance requirement provided in this subsection (JJ). [Ord. 2018-194 § 3 (Exh. A)].

Cross-reference: buildings and construction, AVMC Title 13.

4.14.120 Management of massage establishments.

A. The operator or manager of a massage establishment shall be present on the premises at all times when the establishment is open for business or in operation. The operator is at all times responsible for the operation of the premises in compliance with the terms and conditions of this chapter, whether he or she is actually present.

B. The operator or manager shall be responsible for the conduct of all employees or independent contractors while they are on the establishment premises. In addition, the operator and manager shall be responsible for compliance with the terms of this chapter and for receipt of any notices served or delivered to the premises by the city. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator’s establishment license shall be revoked, suspended, denied or renewed.

C. Before any person may qualify to be designated as a manager, he/she shall submit a completed application required by AVMC 4.14.090(C) along with any fees required by the Orange County sheriff’s department. No person may qualify as a manager if that person has engaged in disqualifying conduct, has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments, or is less than 18 years of age. All managers shall also certify in writing to the city manager or his or her designee that they have read this chapter and are familiar with the provisions relating to the operation of massage establishments.

D. Any person who holds a valid and current CAMTC certificate as a certified massage therapist shall automatically qualify as a manager and shall neither be required to furnish the information nor pay the fee required by subsection (C) of this section; provided, however, such person shall certify in writing to the city manager or his or her designee that he/she has read this chapter and is familiar with the provisions relating to the operation of massage establishments.

E. The operator shall file a statement with the city manager or his or her designee designating the person or persons with power to act as a manager. In addition, the operator or on-duty manager shall post, on a daily basis, the name of each on-duty manager and each on-duty massage therapist in a conspicuous public place in the lobby of the massage establishment.

F. The responsibilities of the operator or manager established herein cannot be delegated to, or undertaken by, any other person. [Ord. 2018-194 § 3 (Exh. A)].

4.14.130 Application to existing establishments.

Each owner or operator of a massage establishment legally doing business on the effective date of the ordinance codified in this chapter shall apply for a massage establishment license not later than one year from the date of a written notice delivered to the owner or operator by certified mail, postage prepaid, by the city, and shall comply with all requirements which are prerequisites for issuance of a license. [Ord. 2018-194 § 3 (Exh. A)].

4.14.140 Inspection by officials.

Any and all investigating officials of the city shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, health regulations, and this chapter. No person shall refuse to permit or interfere with a lawful inspection of the massage establishment by any investigating official of the city. [Ord. 2018-194 § 3 (Exh. A)].

4.14.150 Issuance of notice of violation.

The city manager or his or her designee shall give notice of violation(s) of any provision of this chapter by means of an inspection report or other written notice. In any such notification, the city manager or his or her designee shall:

A. Set forth the specific violation or violations found;

B. Establish a specific and reasonable period of time for the correction of the violation or violations. If the city manager determines that the violation or violations are minor in nature, the city manager may issue a warning to the licensee that any further violation of this chapter may result in revocation or suspension of the license;

C. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the revocation or suspension of the license. [Ord. 2018-194 § 3 (Exh. A)].

4.14.160 Business name.

No person licensed to operate a massage establishment shall operate under any name or conduct business under any designation not specified in the license. [Ord. 2018-194 § 3 (Exh. A)].

4.14.170 Business location change.

Prior to any change of location of a licensed massage establishment, an application shall be made to the city manager as provided in AVMC 4.14.090, and such application shall be granted within the time stated therein; provided, that the use is permitted in the proposed location pursuant to this code, all applicable provisions of this chapter are complied with, and a change of location fee in an amount established by resolution of the city council has been paid to the city. [Ord. 2018-194 § 3 (Exh. A)].

4.14.180 Sale or transfer of massage establishment interest.

A sale or transfer of any interest in a massage establishment, which interest would be reported as required in this chapter upon application for a massage establishment license, shall be reported to the city manager within 30 days prior to the closing of the sale or transfer. The city manager or his or her designee shall investigate any person receiving any interest in a massage establishment as a result of such sale or transfer, and if such person satisfies the requirements relating to massage establishment license applicants set forth in AVMC 4.14.090, the existing license shall be amended to include such person. A nonrefundable fee established by the city council via a council resolution shall be paid for the investigation necessitated by each such sale or transfer. [Ord. 2018-194 § 3 (Exh. A)].

4.14.190 Renewal of massage establishment license.

A. Each massage establishment license shall expire after one calendar year from the date of issuance of the license unless renewed in accordance with this chapter.

B. An application for renewal of a massage establishment license shall be filed with the city manager or his or her designee at least 90 days prior to the scheduled expiration of the license. The renewal application shall provide all of the information required under AVMC 4.14.090 and shall also state that the licensee is currently operating under a massage establishment license, the location of the massage establishment, and the scheduled date for expiration of the license for which the licensee is seeking renewal.

C. The applicant shall submit a completed renewal application to the Orange County sheriff’s department along with any fees established via resolution by the city council. Upon completion of the Orange County sheriff’s department’s investigation of the applicant, the results of the investigation will be provided to the city manager, or his or her designee, along with a recommendation for approval or denial of the requested renewal.

D. The city manager shall review the application for renewal and approve or deny the application within the time provided in AVMC 4.14.090 and shall either issue the renewed license or mail a written statement denying the license and stating the reasons therefor. The city manager shall deny the renewal application if any of the conditions set forth in AVMC 4.14.100(D) exist. If the city manager denies the application for renewal, the city manager shall set a hearing before the hearing officer and state the date, time, location, and the applicant’s right to appear and be heard on the matter in the written notice provided by this section. The hearing shall be conducted as provided in AVMC 4.14.230. [Ord. 2018-194 § 3 (Exh. A)].

4.14.200 CAMTC certificate for massage therapy required.

It shall be unlawful for any person to act as a massage therapist unless such person holds a valid and current CAMTC certificate. [Ord. 2018-194 § 3 (Exh. A)].

4.14.210 License suspension or revocation.

A. Any license issued under this chapter may be revoked or suspended after notice as provided in AVMC 4.14.220 and a hearing as provided in AVMC 4.14.230 where any of the grounds stated in this section are determined to exist.

B. At such time as the city has reason to believe that grounds exist to suspend or revoke a license issued under this chapter, the city manager shall cause an investigation of the licensee and/or massage establishment to be undertaken. If, based on the results of the investigation, the city manager determines that grounds to revoke the license are present, then the city manager shall commence proceedings to revoke or suspend the license by providing notice of the city’s intent to revoke the license as required in AVMC 4.14.220, and by scheduling a date for the revocation hearing with the hearing officer, which date shall not be less than 30 days from and after the date the notice of intent to revoke the license is mailed.

C. The occurrence of any of the following is grounds for revocation of a license issued under this chapter:

1. The licensee has violated any provisions of this chapter, including, but not limited to, the requirement that the applicant or the applicant’s designee be present at the premises at all times the massage establishment is in operation;

2. The licensee has engaged in disqualifying conduct;

3. The licensee has made a material misstatement in the application for a license;

4. The licensee has engaged in fraud or misrepresentation, or made a false statement in conducting the massage establishment or in performing massage services;

5. The licensee has continued to operate the massage establishment after the license has been suspended;

6. The licensee has failed to comply with one or more of the facilities and operations requirements of AVMC 4.14.110;

7. The licensee has employed or otherwise allowed a person to work as a massage therapist at the massage establishment who:

a. Does not have a valid CAMTC certificate; or

b. Has engaged in disqualifying conduct at the massage establishment. [Ord. 2018-194 § 3 (Exh. A)].

4.14.220 Notice of revocation or nonrenewal.

A. Notice of the city’s intent to revoke or to not renew a license and of the revocation or nonrenewal hearing shall be provided in accordance with the provisions of this section.

B. Notice shall be sent to the licensee, and other person(s) designated on the license, at the address(es) designated in the license, by certified mail and regular mail, postage prepaid, at least 45 days prior to the hearing.

C. The notice shall be in writing and shall contain all of the following:

1. That the city intends to revoke or not renew the license;

2. The grounds for the revocation or nonrenewal;

3. The date, time, and place of the revocation or nonrenewal hearing, and the name of the hearing officer;

4. That the licensee may appear, be heard, examine witnesses, and present evidence in the licensee’s favor; and

5. That the licensee’s failure to appear, be heard, and present evidence in the licensee’s favor may result in the revocation or nonrenewal of the license. [Ord. 2018-194 § 3 (Exh. A)].

4.14.230 Hearing for revocation or nonrenewal of license.

A. The city manager shall designate a hearing officer to preside over the revocation or nonrenewal of a massage establishment license. The hearing officer shall not be a city employee, and may, but need not be, a qualified attorney, qualified city manager or a hearing officer with the State Office of Administrative Hearings. The hearing officer shall be subject to disqualification for bias, prejudice, or material financial interest in the outcome, as follows: No later than five days after notice of the hearing date is sent to the licensee, the licensee may challenge the hearing officer’s impartiality by filing a written statement with the city manager objecting to the hearing before the hearing officer and setting forth the specific grounds for disqualification. General and unsupported claims of bias, prejudice, or material financial interest shall not form a basis for disqualification. The city manager, or designee, shall issue and serve on the licensee a written decision on the question of disqualification prior to the date of the hearing specified in the notice of hearing.

B. The hearing officer shall conduct a hearing on the date specified in the notice required by AVMC 4.14.220. The hearing shall be conducted within 45 business days of the city’s mailing of the notice required by AVMC 4.14.220 (Notice of revocation or nonrenewal).

C. The hearing officer shall conduct the hearing under such rules of procedure as are appropriate to quasi-judicial proceedings; provided, that the licensee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath and that the hearing officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer. The rules of privilege are applicable to the extent they are permitted in civil actions. Any relevant evidence may be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Irrelevant collateral, undue or repetitious evidence shall be excluded. The city shall have the initial burden of proof. The hearing officer shall cause a transcript of the hearing to be taken and prepared.

D. At the conclusion of the hearing, the hearing officer shall decide whether the grounds for revocation or nonrenewal exist. Within 15 days after the conclusion of the hearing, the hearing officer shall file with the city manager, together with the transcript of the hearing, a written decision, supported by written findings based on the evidence submitted, and a statement of his/her order. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the city manager. The order of the hearing officer shall become effective 15 days after its mailing to the licensee, unless timely appealed as provided in this section.

E. Where it is determined by the hearing officer pursuant to this section that grounds exist to revoke or not renew a license issued under this chapter, the city manager may, within five days following the date of mailing of the hearing officer’s decision, suspend or not renew the license, in lieu of revocation, for a period of not less than 30 days, but not more than 90 days, where the city manager finds the existence of mitigating circumstances, which, in the sole discretion of the city, renders suspension appropriate. For purposes of this section, mitigating circumstances include, but are not limited to, the following:

1. The licensee has not been found to have engaged in disqualifying conduct;

2. The violation committed by the licensee does not present an immediate threat or danger to the public health, safety, or welfare;

3. The licensee has not previously been cited for violations of this chapter or violations of the code within the five years prior to the date of the hearing; and

4. The licensee has agreed in writing to take specific measures to cure or correct the violation within a period of not more than 15 days.

F. The decision of the hearing officer to revoke or not renew a license or the decision of the city manager to suspend the license pursuant to subsection (E) of this section may be appealed to the city council by the filing of a written appeal with the city clerk within 15 days following the date of mailing of the hearing officer’s decision and paying the appeal fee established by resolution of the city council. All such appeals shall be filed with the city clerk and shall be public records. The city council shall, at a regularly scheduled meeting within 60 days from the date the written appeal was filed, independently review the entire record, including the transcript of the hearing and any oral or written arguments that may be offered to the city council by the licensee and city staff. At the conclusion of the review, a majority of the city council members present shall decide to sustain the decision, modify the decision, or overrule the decision and issue such order as the city council finds is supported by the entire record. The action of the city council shall be final and conclusive. [Ord. 2018-194 § 3 (Exh. A)].

Cross-reference: appeal procedures generally, Chapter 1.10 AVMC.

4.14.240 Return of license.

In the event that a license is suspended, revoked, or not renewed, the licensee shall forward the suspended, revoked or nonrenewed license to the city manager not later than the end of the third business day after notification of the suspension, revocation, or nonrenewal. [Ord. 2018-194 § 3 (Exh. A)].

4.14.250 Violations declared a public nuisance – Violations subject to all legal remedies.

In addition to the penalties provided for in this chapter for a violation of any provision of this chapter, a violation of any provision hereof, including the failure to obtain a license or the failure to abide by a condition of approval, constitutes a public nuisance and is subject to abatement as such. Said declaration and abatement of a public nuisance are in addition to and not in lieu of any other remedy or punishment provided at law or in equity. Notwithstanding the foregoing, a violation of any provision of this chapter may also be subject to any legally available criminal, civil or administrative remedy. [Ord. 2018-194 § 3 (Exh. A)].

Cross-reference: nuisances, AVMC 8.24.010.

Cross-references: violations and penalties generally, Chapter 1.06 AVMC; adult business regulations, Chapter 4.12 AVMC.