Chapter 6.11


6.11.010    Purpose.

6.11.020    Definitions.

6.11.030    CAMTC certification required.

6.11.040    Massage establishment permit required.

6.11.050    Fees.

6.11.060    Application for massage establishment permit.

6.11.070    Massage establishment permit issuance and denial.

6.11.080    Facility regulations and requirements.

6.11.090    Operating regulations and requirements.

6.11.100    Massage and bodywork regulations and requirements.

6.11.110    Prohibitions and restrictions on premises.

6.11.120    Inspections.

6.11.130    Employment and recordkeeping.

6.11.140    Advertisements and solicitations.

6.11.150    Regulation of out-call massages.

6.11.160    Continuing education.

6.11.170    Insurance.

6.11.180    Operator and manager responsibility.

6.11.190    Compliance with code.

6.11.200    Transfer and renewal of permits.

6.11.210    Exemptions.

6.11.220    Suspension, revocation, denial and appeal.

6.11.230    Violation and penalty.

6.11.240    Attorney’s fees and costs.

6.11.250    Severability.

6.11.260    Application of ordinance to existing businesses.

6.11.010 Purpose.

The City recognizes that massage is a viable professional field offering services with public health and therapeutic benefits. The purpose of this chapter is to regulate massage and bodywork businesses within the City as is necessary to protect the health, safety and welfare of City residents.

The regulations created in this chapter are pursuant to Cal. Gov’t Code § 51030 et seq. and Cal. Bus. & Prof. Code § 4600 et seq. These regulations are meant to ensure that massage establishments within the City are operated in a safe, professional, and lawful manner. It is the purpose of the City that these regulations ensure massage practitioners within the City have the proper skill and experience to provide safe and sanitary services. It is also the purpose of this chapter to create health and safety standards to ensure the safety of massage establishment patrons in the City. [Ord. 15-014 § 1.]

6.11.020 Definitions.

“Applicant” shall mean any person applying for any permit pursuant to this chapter.

“California Massage Therapy Council (CAMTC)” means the state organized nonprofit organization created to regulate the massage industry set forth in Cal. Bus. & Prof. Code Division 2, Chapter 10.5 (commencing with Section 4600).

“CAMTC certificate” means a current and valid certificate issued by the California Massage Therapy Council to a massage technician.

“Chief of Police” means the Chief of Police of the City of Dixon Police Department or his or her designated representative.

“Massage establishment” means any establishment having a fixed place of business where any person, firm, partnership, association, corporation or combination thereof engages in, carries on, or permits to be engaged in or carried on, any massage techniques for compensation or any other consideration. This includes any establishment engaged in, carrying on, or permitting any combination of massage or bodywork or bathhouse.

“Massage practitioner” means any person who for any consideration whatsoever engages in the practice of massage or bodywork techniques as defined in this section, unless otherwise exempted. The terms “massage therapist,” “massage technician,” or any other terms used within the massage industry are included within this definition for the purposes of this chapter.

“Massage techniques” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of another human body with the use of hands, arms, or other portions of the body, or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. This includes giving baths where an attendant is present.

“Operator” means any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operation, conduct, or activities of a massage establishment.

“Out-call massage service” means to engage in or perform massage or bodywork for a fee or other consideration at a location other than a duly licensed massage or bodywork establishment or school of massage.

“Owner” means any of the following individuals:

1. The sole practitioner of a sole proprietorship operating a massage establishment.

2. Any general partner of a general or limited partnership that owns a massage establishment.

3. Any person who has ten percent (10%) or greater ownership interest in a corporation that owns a massage establishment.

4. Any person who is a member of a limited liability company that owns a massage establishment.

5. All owners of any type of business entity that owns a massage establishment.

6. Any person identified as an owner on a massage establishment permit.

“Patron” means a customer receiving massage or bodywork services in exchange for consideration.

“Police Department” means the City of Dixon Police Department.

“Specified anatomical areas” means any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the areas of the female breasts that include the areola and the nipple. [Ord. 15-014 § 1.]

6.11.030 CAMTC certification required.

It is unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, in or upon any premises within the City the business of providing massage, for any compensation, without being in the possession of a valid CAMTC certificate. [Ord. 15-014 § 1.]

6.11.040 Massage establishment permit required.

No person may own or operate a massage establishment without an annual permit issued by the Chief of Police. The Chief of Police, or designee, shall have the power and authority to promulgate rules, regulations, and requirements that are consistent with the provisions of this chapter and applicable State law to investigate, issue, suspend, or revoke massage establishment permits. A massage establishment permit is not transferable. A business providing massage services by certified massage practitioner as an incidental use to their primary business is exempt from the requirements of this section. [Ord. 15-014 § 1.]

6.11.050 Fees.

The Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required by this code. [Ord. 15-014 § 1.]

6.11.060 Application for massage establishment permit.

A. An applicant for a massage establishment permit must be the owner of the massage establishment. Any applicant seeking a massage establishment permit must file a written application, with the required forms and documentation, to the Chief of Police. The application shall include a nonrefundable filing fee. The application must include:

1. The exact name under which business will be conducted for the massage establishment;

2. The type of ownership of the business, i.e., whether individual, partnership, corporation, or otherwise. The application should also contain the names and contact information of all officers, directors, or persons with an ownership interest in the business, including all stockholders;

3. The proposed hours of operation for the massage establishment;

4. A description of any other businesses owned by the applicant, including any other businesses that will be operated on the same premises as the massage establishment;

5. The applicant’s:

a. Current address and telephone number and all previous residential addresses for the past eight (8) years;

b. Acceptable proof that the applicant is at least eighteen (18) years of age;

c. A copy of a valid and current driver’s license or identification card issued by a State or Federal government agency or other photographic identification bearing a bona fide seal by a foreign government;

d. The applicant’s complete business, occupation and employment history for the past eight (8) years, including the applicant’s business history and experience with massage businesses;

e. The complete massage permit history of the applicant including:

(i) A list of all past applications for permits or licenses in the past eight (8) years;

(ii) The agencies, cities, boards, counties, territories, or states applied from which an application was sought;

(iii)  The date of issuance of any licenses or permits;

(iv)  A list of any denial, revocation, or suspension of a license or permit and an explanation of each;

(v) All criminal convictions, including pleas of nolo contendere, within the past eight (8) years, including those dismissed or expunged pursuant to Cal. Penal Code § 1203.4, but excluding minor traffic violations, the date and place of each conviction, and an explanation;

6. Either proof of ownership of the property or a copy of the lease agreement and a notarized letter from the real property owner acknowledging he or she is aware that the property will be used as a massage establishment;

7. Authorization for the City, its agents, and its employees to seek verification of the information contained in the application;

8. Such other information as required by the Chief of Police to verify the information contained in the application;

9. A written, dated, and signed statement by the applicant certifying, under penalty of perjury, that all information contained in the application is true and correct; and

10. Written, dated, and signed statements from the applicant’s designated managers certifying under penalty of perjury that they have reviewed and understand the contents of this chapter and obligations created herein.

B. If any of the information provided in the application changes during the application process, the applicant must notify the Chief of Police within ten (10) days. [Ord. 15‑014 § 1.]

6.11.070 Massage establishment permit issuance and denial.

A. The Chief of Police shall evaluate each permit application and issue an approval, conditional approval or denial within sixty (60) days of receiving the complete application. Applications shall be referred to the Building Inspector, the Fire Marshal, and Health Officer to approve the facility plans and inspect the premises. The Chief of Police may extend the evaluation period by an additional thirty (30) days if necessary to investigate the representations made in the application. The Chief of Police shall approve a permit application unless:

1. Any owners, personnel, employees, or operators of the massage establishment:

a. Have been convicted of a violation of Cal. Penal Code §§ 266i, 315, 316, 318, or 647(b);

b. Have been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as a violation of Cal. Penal Code §§ 266i, 315, 316, 318, or 647(b);

c. Have been convicted of any felony offense involving the sale of a controlled substance specified in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057, or 11068;

d. Have been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as a violation of Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057, or 11068;

e. Are required to register under Cal. Penal Code § 290;

2. The applicant has made a false, misleading, or fraudulent statement or omission of fact to the City during the permit application process;

3. The application does not contain all of the information required under this chapter;

4. The proposed massage establishment does not comply with all applicable laws including but not limited to health, zoning, fire, and safety requirements and standards;

5. Plans for proposed massage establishments have not been approved by the County health department or the building is not in compliance with all of the City’s applicable building code requirements;

6. The applicant has not satisfied the requirements of this chapter in the time specified; or

7. If the application is denied, the applicant may not reapply for a six (6) month period from the date the application is denied. [Ord. 15-014 § 1.]

6.11.080 Facility regulations and requirements.

Unless otherwise specified, these regulations and requirements apply to all massage establishments:

A. A massage practitioner shall not perform any massage at any location other than the massage establishment specified on the permit.

B. A massage establishment shall have the equipment and supplies necessary for disinfecting and sterilizing instruments on the premises at all times, as approved by the County health department.

C. A readable sign identifying the business as a massage establishment shall be posted on the premises at all times in compliance with State and local laws. The hours of operation of the facility will also be conspicuously displayed in the premises. A massage establishment shall prominently display all City issued permits for the massage establishment and its employees and all State issued certificates for its employees at the entrance or lobby of the premises.

D. No person shall operate a massage establishment or perform any massage services in a massage establishment between the hours of 10:00 p.m. and 6:00 a.m.

E. Recognizable and legible signs shall be posted at all exits identifying each such exit in accordance with the requirements of the City’s fire code and State regulations.

F. A list of available services shall be conspicuously posted on the premises of the massage establishment at all times. The list shall include the cost of each service. The services provided shall not include baths. No services or activity shall be offered or performed except for those listed. No patron shall be charged more than the cost listed for the service provided.

G. Lighting and ventilation shall comply with the International Building Code for each massage room. The lights shall remain on in each massage room while there is a patron in the room.

H. All facilities within the massage establishment shall be kept in good repair and thoroughly cleaned and sanitized each day the business is in operation. All walls, floors, and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.

I. A massage table shall be provided in each massage room and all massages shall be performed on a massage table. Every table should be at least eighteen (18) inches in height. Tables may have foam pads that are two (2) inches thick and no wider than four (4) feet. All tables shall be covered with durable, washable plastic or other waterproof material.

J. Massage establishments shall comply with all State and Federal laws and regulations for ensuring accessibility to disabled patrons or visitors.

K. It is unlawful for any person to live or sleep inside the massage establishment at any time. All living quarters shall be separate from the massage establishment. No mattresses, beds, floor mattresses, waterbeds, or other bedding are allowed in a massage establishment or school of massage.

L. Restroom facilities at the massage establishment shall include a minimum of one toilet and one wash basin. The restroom facilities shall be equipped with soap and hot water at all times. Showers may be provided.

M. All front, reception, hallway, or front exterior doors shall be unlocked during business hours, except as may be permitted by applicable laws allowing safety doors which may be opened from the inside when locked.

N. Doors used solely by employees to enter or exit the massage establishment may be locked during business hours.

O. A massage may not take place in a room fitted with any kind of lock, unless the door opens to the exterior of the building. [Ord. 15-014 § 1.]

6.11.090 Operating regulations and requirements.

A. The massage establishment shall have a manager on the premises at all times during hours of operation.

B. No person, other than valid practitioners and registered patrons, will be permitted in the massage rooms during hours of operation.

C. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age, handicap, or any other classification protected under Federal or State laws, rules or regulations. [Ord. 15-014 § 1.]

6.11.100 Massage and bodywork regulations and requirements.

A. All patrons will be provided with clean, sanitary and opaque coverings capable of covering the patron’s specified anatomical areas. No common use of such coverings shall be permitted, and re-use is prohibited unless adequately cleaned. Linens and towels shall be laundered or changed promptly after each use. Towels and linens shall not be shared among clients. Clean and soiled linens and towels shall be stored separately.

B. No massage practitioner shall massage the specified anatomical areas of any patron except that the female breasts may be massaged with the written consent of the individual receiving the massage and a referral from a State licensed medical practitioner. Nor shall any operator or manager of a massage establishment allow or permit massage of such areas by any employee. No operator or manager, while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person’s specified anatomical areas are fully covered.

C. No massage practitioner shall massage any patron unless the person’s genitals, gluteal crease, anus and, in the case of a female patron, breast(s) are fully covered at all times while the practitioner is present in the same room as the patron.

D. A massage practitioner shall be fully clothed at all times. Clothing shall be of a fully opaque, nontransparent material and provide complete covering of the genitals, pubic area, buttocks, anal area, and chest. [Ord. 15-014 § 1.]

6.11.110 Prohibitions and restrictions on premises.

A. No food shall be sold or prepared at the massage establishment unless a food vending permit is granted by the County.

B. No person shall enter, be in or remain in any part of a massage establishment while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance.

C. It shall be unlawful for an operator or manager to permit any person to enter or remain on the massage establishment premises while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. Service of any alcoholic beverage on the premises is prohibited.

D. No electrical, mechanical or artificial device for recording audio or video shall be used by the operator, manager or any employee of the massage establishment to record or monitor the performance of a massage or conversation or other sounds in the massage rooms without the knowledge or consent of the patron and the written consent of the police department.

E. Instruments, devices or paraphernalia that are designed for use in connection with sexual activities, including, but not limited to, condoms, shall not be permitted within a massage establishment. [Ord. 15-014 § 1.]

6.11.120 Inspections.

A. During regular business hours, reasonable inspections may be conducted by the City and the City’s Building Department, Police Department, Fire Department and Health Department for the purpose of ensuring compliance with local and State law and other applicable fire, health and safety requirements.

B. In addition to routine inspections, inspections may be conducted if complaints are received or there is a reasonable suspicion that this chapter has been violated. Nothing in this chapter diminishes the authority of law enforcement to conduct criminal investigations as permitted by law. During an inspection, law enforcement may inspect occupied massage rooms and may confirm the identity of all on-duty employees.

C. It is unlawful for any person to impede or interfere with a lawful inspection of a massage establishment conducted by law enforcement during the posted hours of operation of the business. [Ord. 15-014 § 1.]

6.11.130 Employment and recordkeeping.

A. The operator shall maintain a roster of all persons who have worked at the massage establishment for the past two (2) years. The roster will include contact information, employment position, dates of employment and termination.

B. It is unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least eighteen (18) years of age.

C. It is unlawful for any owner, operator, manager or permittee in charge of a massage establishment or school of massage to employ as a massage practitioner anyone who is not CAMTC certified. The operator shall report any changes of employment of massage practitioners, including hiring or termination, to the Chief of Police within five (5) days of the change.

D. The operator shall keep a record of the dates and hours of each treatment or service, the first and last name of the patron, the name of the practitioner administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the patron to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of two (2) years after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this chapter or any other applicable State or Federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor.

E. Operators shall only use the name and shall only conduct business under the designation specified on his or her permit. While on duty, a massage practitioner shall not use any name other than that specified on the permit.

F. The operator shall report any and all changes of ownership or management of the massage establishment to the Chief of Police within thirty (30) days of the change. [Ord. 15-014 § 1.]

6.11.140 Advertisements and solicitations.

No massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body or uses any language that could reasonably suggest that the massage establishment offers any services that are unlawful. [Ord. 15-014 § 1.]

6.11.150 Regulation of out-call massages.

It is unlawful to perform or administer a massage or bodywork techniques as out-call massage or bodywork within the City limits for money or other consideration without having a valid City business license and either being State certified or having a massage practitioner permit pursuant to this chapter. Out-call massage must be authorized in writing by a physician, surgeon, chiropractor, or osteopath duly licensed to practice in the State. Out-call massage shall be conducted between 6:00 a.m. and 10:00 p.m. Out-call massage shall not be conducted at the residence of the practitioner or at a hotel, motel or similar location used primarily for transitory habitation purposes. [Ord. 15-014 § 1.]

6.11.160 Continuing education.

On an annual basis, the massage practitioner shall complete no fewer than twelve (12) hours of continuing education in the practice of massage from a qualified massage educational program, unless State certified. [Ord. 15-014 § 1.]

6.11.170 Insurance.

No person shall engage in, conduct, or carry on the business of a massage establishment without first filing with the Police Department, in full force and effect at all times, an insurance certificate from an insurance company authorized to do business in the State, evidencing that the operator is insured under a liability insurance policy for a minimum coverage of five hundred thousand dollars ($500,000.00) for injury or death arising out of the operation of the massage establishment, including the administration of massages. [Ord. 15-014 § 1.]

6.11.180 Operator and manager responsibility.

The operator and on-duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. The operator shall be responsible for any act or omission of any employee constituting a violation of this chapter and may have the operating permit revoked, suspended, or denied for such violations. [Ord. 15-014 § 1.]

6.11.190 Compliance with code.

Operators, managers, massage establishment employees, and massage practitioners shall comply with all provisions of this chapter and any applicable provisions of the City’s municipal code. [Ord. 15-014 § 1.]

6.11.200 Transfer and renewal of permits.

A. No permit under this chapter is transferable to any other person, entity, or establishment.

B. A change of location of a massage establishment must be approved by the Chief of Police. Any operator seeking to change the location of a massage establishment must file an application with and pay a change of location fee to the Chief of Police. The Chief of Police shall approve the application for a change of location upon finding that the new location complies with the requirements of this chapter.

C. Permits for operators and employees shall be renewed on a year-to-year basis. Applications for renewal shall include proof of continuing education, a renewal fee, and any other information reasonably required by the Chief of Police to evaluate whether the applicant is in compliance with this chapter.

D. Permit renewals will be approved unless the Chief of Police finds that the applicant has not completed the continuing education requirements or has violated this chapter or another applicable State, Federal or local law.

E. Renewal permits shall be filed no later than sixty (60) days prior to the expiration of the existing permit to prevent a lapse of the permit. [Ord. 15-014 § 1.]

6.11.210 Exemptions.

The requirements of this chapter do not apply to:

A. State-licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a State-licensed physician, surgeon, chiropractor, or osteopath. Practical nurses or other persons without qualifications as massage practitioners, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massage or massage procedures;

B. Practitioners of reflexology who present to the Chief of Police a certificate of proof of successful completion of classroom instruction in reflexology-related subjects dealing with feet, hands or ears, and reflexology practice from a reputable and licensed school of reflexology;

C. Hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State;

D. Barbers, beauticians, cosmetologists, estheticians, and manicurists who are duly licensed under the laws of the State and who administer a massage in the normal course of their duties; or

E. Bona fide trainers or coaches or physical therapists of any amateur, semiprofessional, or professional athlete or athletic team and the facilities therefor. [Ord. 15-014 § 1.]

6.11.220 Suspension, revocation, denial and appeal.

A. The Chief of Police may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter. If suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section.

B. The Chief of Police may revoke or refuse to renew a permit under this chapter if he or she finds that the permit holder does not meet the requirements of this chapter, has violated this chapter or has violated any applicable law as stated in DMC 6.11.070(A)(1)(a) through (e).

C. The Chief of Police will serve the permit holder with notice of the suspension or refusal to renew an existing permit through either personal service or certified mail. The notice shall contain the reasons for the proposed action, the effective date of the decision, and the right of the permit holder to appeal the decision to the Council, and that the decision will be final if no appeal is filed within the allotted timeframe.

D. Appeal Process.

1. The permit holder shall have fifteen (15) days from the date the notice is received by personal service or twenty (20) days from the date the notice is mailed to appeal the Chief of Police determination. During that time the permit holder may file an appeal with the City Clerk along with a reasonable hearing fee. The applicant’s right to appeal shall terminate after the allotted time period passes.

2. If an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered. If no appeal is filed, the effective date of the suspension or revocation shall be the date the period for filing an appeal expires.

3. If an appeal is timely filed, the permit holder shall be granted an administrative hearing by a neutral hearing officer appointed by the City Manager. The permit holder shall receive written notice of the hearing at least ten (10) calendar days prior to the hearing date that shall be served either by personal service or certified mail.

4. The hearing officer may continue a hearing based on good cause shown or if the hearing officer independently determines that due process has not been adequately afforded. The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

5. The hearing shall be informal in nature. Formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish the existence of a violation of this code or applicable State code. The standard of proof to be used by the hearing officer in deciding the issues at the administrative hearing is by a preponderance of the evidence. Each party shall have the opportunity to present evidence in support of his or her case.

6. If the permit holder fails to appear at the hearing, he or she is deemed to waive the right to the hearing and the adjudication of the issues related to the hearing; provided, that proper notice of the hearing was provided.

7. The hearing officer shall issue an administrative order within thirty (30) calendar days of the hearing date that shall be served upon the permit holder by personal service or certified mail. The order shall become effective on the date of personal service or five (5) calendar days after the date service is carried out by mailing. Once an administrative order is issued, the time in which judicial review of the order must be sought shall be governed by the Cal. Civ. Proc. Code § 1094.6. [Ord. 15-014 § 1.]

6.11.230 Violation and penalty.

A. It is unlawful for any person or entity to conduct or allow the business of massage or bodywork at any location within the City without complying with the requirements of this chapter.

B. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance; and the City Attorney may, at his or her discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law.

C. A violation of any of the provisions of this chapter, or failure to comply with any of its mandatory requirements, shall constitute a misdemeanor; except that, notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this chapter may, at the discretion of the City Attorney, be charged and prosecuted as an infraction.

D. Any violation of this chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County jail for a period of not more than six (6) months, or by both fine and imprisonment.

E. Any infraction prosecuted under the provisions of this chapter shall be made punishable by a fine not to exceed five hundred dollars ($500.00).

F. Each person shall be charged with a separate offense for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall, upon conviction, be punished accordingly.

G. Pursuant to the City Attorney’s prosecutorial discretion, the City may enforce violations of this chapter as criminal, civil or administrative violations utilizing administrative remedies.

H. It is the duty of the Chief of Police to enforce rules and regulations in accordance with this chapter. [Ord. 15-014 § 1.]

6.11.240 Attorney’s fees and costs.

A. In any action, administrative proceeding or special proceeding commenced by the City to abate a public nuisance or to enjoin any violation under this chapter, if the City elects, at the initiation of that individual action or proceeding to seek recovery of its own attorney’s fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorney’s fees and legal costs related to the proceeding.

B. When a final judgment is not reached in court, the City shall be considered a prevailing party entitled to attorney’s fees under subsection A of this section when it can demonstrate that:

1. The City’s lawsuit was the catalyst motivating the defendant to provide the primary relief sought;

2. The City’s lawsuit was meritorious and achieved its result by “threat of victory”; and

3. The City reasonably attempted to settle the litigation before filing the lawsuit. [Ord. 15-014 § 1.]

6.11.250 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. [Ord. 15-014 § 1.]

6.11.260 Application of ordinance to existing businesses.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter. Massage establishments must secure a massage establishment permit no later than January 31, 2016, if already established in the City. [Ord. 15-014 § 1.]