El Cerrito Municipal Code Ch. 8.10 Massage Businesses

Sections:

The City Council finds and declares as follows:

A. Therapeutic massage is a viable professional field offering the public valuable health benefits.

B. California Government Code Section 51034 authorizes the city to impose reasonable standards on massage businesses.

C. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.

D. Unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community.

E. The regulations and restrictions contained in this chapter are designed to protect the public health, safety, and welfare by providing for the orderly regulation of businesses that provide massage therapy services, discouraging prostitution and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

(Ord. No. 2017-01, § 2, 2-21-2017)

Footnotes:

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Editor's note— Ord. No. 2017-01, § 2, adopted Feb. 21, 2017, repealed former Ch. 8.10, §§ 8.10.005—8.10.110, in its entirety and enacted new provisions as herein set out. Former Ch. 8.10 pertained to massage establishments and derived from Ord. No. 2007-1, § 1, 2007.

A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

1. "California Massage Therapy Council" or "CAMTC" means the statewide massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.

2. "Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Sections 4600 et seq.

3. "Chief of Police" means the Chief of the El Cerrito Police Department or his or her designee.

4. "Client" means the customer or patron who pays for or receives massage services.

5. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

6. "Employee" means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

7. "City" means the city of El Cerrito.

8. "City council" means the City Council of the city of El Cerrito.

9. "City manager" means the city manager of the city of El Cerrito, or his/her designee.

10. "Community development department" means the El Cerrito Community Development Department.

11. "Community development director" means the community development director of the city of El Cerrito, or his/her designee.

12. "Conviction" or "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

13. "Hearing officer" means a person qualified to hear and decide appeals of decisions to deny, suspend, revoke or refuse to issue any permit under this chapter. A city hearing officer shall be paid by the city but shall not be an employee of the city nor shall any hearing officer be hired by the city to hear and decide appeals pursuant to this chapter more often than once every calendar year.

14. "Massage" means the scientific manipulation of the soft tissues. For purposes of this chapter, the terms "massage" and "bodywork" shall have the same meaning.

15. "Massage business" means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs—shall be deemed a massage business under this chapter. The term "massage business" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. Massage business shall also include any location where massage services are provided pursuant to an off-premises massage permit or as a home occupation pursuant to Section 19.28.200C of this code.

16. "Massage operator's permit" means a permit issued by the community development director upon submission of satisfactory evidence that a massage business complies with relevant sections of this chapter.

17. "Operator" or "massage business operator" means any and all owners of a massage business.

18. "Off-premises massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage operator's permit.

19. "Owner" or "massage business owner" means any of the following persons:

a. Any person who is a general partner of a general or limited partnership that owns a massage business.

b. Any person who has a five percent or greater ownership interest in a corporation that owns a massage business.

c. Any person who is a member of a limited liability company that owns a massage business.

d. Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business.

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

21. "Reception and waiting area" means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

22. "School of massage" means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.

23. "Police department" means the El Cerrito Police Department.

24. "Specified anatomical areas" means the following human anatomical areas: genitals, anuses, and the area of the female breast that includes the areola and nipple.

25. "Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

26. "Solicit" means to request, ask, demand or otherwise arrange for the provision of services.

(Ord. No. 2017-01, § 2, 2-21-2017)

A. Individuals. On and after the effective date of the ordinance from which this chapter derives, it shall be unlawful for any individual to practice massage therapy for compensation as a sole proprietorship or employee of a massage business or in any other capacity within the city of El Cerrito unless that individual is a certified massage practitioner, unless as expressly allowed in this chapter. This includes any massage practitioner offering massage services as a home occupation.

B. Massage Businesses. On and after the effective date of the ordinance from which this chapter derives, it shall be unlawful for any massage business to provide massage for compensation within the city of El Cerrito unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners and said business has obtained a valid Massage Operator's Permit as provided in this chapter.

C. Location. Massage businesses shall be located in a zoning district that permits such use.

D. Applicability to Existing Businesses. Pre-existing massage businesses in operation on the effective date of this chapter shall obtain all necessary permits and comply with the provisions of this chapter. They shall complete and submit an application as required by this chapter within ninety days of the effective date of this chapter. Any and all building or tenant modifications shall be completed within one hundred eighty days of issuance of an operator's permit.

(Ord. No. 2017-01, § 2, 2-21-2017)

A. Application.

Filing. Any person who intends to operate a massage business shall file a written application on a required form provided by the city and pay fees set forth by city council. The completed application shall be filed with the community development department.

1. Applicant. The application shall be completed and signed by the operator of the proposed massage business if a sole proprietorship; all general partners if the operator is a partnership; all officers or all directors if the operator is a corporation; and all participants if the operator is a joint venture. The application for a permit does not authorize operation of a massage business unless and until such permit has been issued.

2. Contents. The application shall contain or be accompanied by the following information:

a. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the business is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than ten percent of the stock of that corporation. If the business is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the business is a limited partnership, the application shall include a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.

b. The precise name under which the massage business is to be conducted.

c. A description of the manner of providing the proposed services, including types of services and the number of persons engaged in the services.

d. Address and all telephone numbers of the massage business.

e. Hours of operation of the massage business.

f. Floor plan showing where the services are proposed to be conducted within the building.

g. A list of all of the massage business's employees and independent contractors who work on site. The list should note whether or not they perform massage and their CAMTC certification, if applicable.

3. For Owners/Operators Who Are Not CAMTC-Certified Massage Practitioners. Each owner or operator of the massage business who is not a CAMTC-certified massage practitioner shall submit an application for a background check, including the following:

a. The individual's business, occupation, and employment history for the five years preceding the date of the application;

b. The inclusive dates of such employment history;

c. The name and address of any massage business or similar business owned or operated by the individual whether inside or outside the city.

d. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

4. For All Owners (CAMTC-Certified Massage Practitioner or Not). All owners and operators of the massage business shall provide:

a. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

b. A signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Sections 4600 et seq., any local, state, or federal law, or the provisions of this chapter may result in revocation of the massage operator's permit.

B. Review. The community development department shall review applications for massage operators permits for compliance with the El Cerrito Municipal Code. The police department shall work with community development department staff to conduct an investigation into the information provided on the application, as needed.

C. Action. Upon provision by the massage business of the foregoing documentation, the community development director shall take action on the massage operator's permit, which shall be valid for two years from the date of issuance. The community development director shall issue or deny an application for a massage operator's permit within sixty calendar days of the filing of a complete application. If necessary, the community development director may extend the time to issue or deny the permit.)

D. Grounds for Denial. The community development director may deny an application for a massage operator's permit on any of the following grounds:

1. The applicant does not have sufficient proof of the required CAMTC certification requirements pursuant to Section 8.10.020 of this chapter.

2. The operation as proposed by the applicant would not comply with all applicable ordinances and laws, including, but not limited to, the city's building, zoning, health, and fire safety ordinances.

3. The applicant has previously had a massage operator's permit or any similar license, certificate, or permit revoked by the city or any public agency.

4. The applicant has made a material misrepresentation in the application or supplementary material submitted with the application.

5. The applicant has been convicted in a court of competent jurisdiction of any offense that relates directly to the conduct or operation of a massage business, or of any offense the commission of which occurred on the premises of a massage establishment or while performing off-premise massage.

6. The applicant has been the subject of a permanent injunction against the conducting or maintaining of a nuisance pursuant to sections 11225 through 11235 of the California Penal Code, or any similar law in any state or other jurisdiction.

7. The owner has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any of the following offenses: Sections 261, 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any similar offense in any state or other jurisdiction, whether or not any criminal prosecution has been pursued or conviction obtained for such acts.

8. The applicant has been successfully prosecuted under the Red Light Abatement Act (California Penal Code section 11225 et seq.) or any similar law in another jurisdiction.

9. The owner is currently required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with section 290 of Title 9 of Part 1 of the California Penal Code), or any similar law in any state or other jurisdiction.

10. The applicant has been convicted of any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058.

11. Any other unprofessional conduct or violation of any applicable law, rule or regulation that is substantially related to the provision of massage therapy.

E. Reapplication. No reapplication will be accepted within one year after an application or renewal is denied or a certificate is revoked. Massage Operator's Permits may not be issued to a massage business seeking to operate at a particular location if:

1. Another massage business is or was operating at that particular location and that massage business is currently serving a suspension or revocation; during the pendency of the suspension or one year following revocation.

2. Another massage business is or was operating at that particular location and that massage business has received a notice of suspension, revocation or fine; during the ten-day period following receipt of the notice or while any appeal of a suspension, revocation or fine is pending.

3. Another massage business is or was operating at that particular location and that massage business has outstanding fines that have not been paid.

F. Amendment. A massage business shall apply to the community development department to amend its massage operator's permit within thirty days after any change in the registration information, including, but not limited to, the hiring or termination of certified massage practitioners, the change of the business's address, or changes in the owner's addresses and/or telephone numbers.

G. Renewal. A massage business shall apply to the community development department to renew its massage operator's permit at least thirty days prior to the expiration of said massage operator's permit. If an application for renewal of a massage operator's permit and all required information is not timely received and the Permit expires, no right or privilege to provide massage shall exist.

H. Transfer. A massage operator's permit shall not be transferred except with the prior written approval of the community development director. A written request for such transfer shall contain the same information for the new ownership as is required for applications for massage operator's permit pursuant to this section. In the event of denial, notification of the denial and reasons therefore shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A massage operator's Permit may not be transferred during any period of suspension or one year following revocation; during the ten-day period following a massage businesses' receipt of a notice of suspension, revocation or fine issued; or while any appeal of a suspension, revocation or fine is pending. Further, a massage operator's permit may not be transferred until all outstanding fines have been paid.

(Ord. No. 2017-01, § 2, 2-21-2017)

A. A massage business owner or operator shall notify the community development director of any changes described in Section 8.10.030 pursuant to the timelines specified therein.

B. An owner or operator shall report to the community development director any of the following within three days of the occurrence:

1. Arrests of any practitioners or owners of the massage business for an offense other than a misdemeanor traffic offense.

2. Resignations, terminations, or transfers of practitioners employed by the operator's massage business.

3. Any event involving the operator's massage business or the massage practitioners employed therein that constitutes a violation of this chapter or state or federal law.

4. This provision requires reporting to the community development director even if the massage business believes that the community development director has or will receive the information from another source.

(Ord. No. 2017-01, § 2, 2-21-2017)

A. No person shall engage in, conduct, carry on, or permit any massage business within the city of El Cerrito unless all of the following requirements are met:

1. CAMTC certification shall be in the possession of the massage practitioner during working hours and at all times when the massage practitioner is inside a massage business, providing outcall massage or working as a home occupation.

2. All massage business operators and their employees, including massage practitioners, shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete coverage from mid-thigh to three inches below the collar bone.

3. No massage shall be given unless the client's specified anatomical areas are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the specified anatomical areas of any other person regardless whether the contact is over or under the persons clothing.

4. A massage practitioner shall operate only under the name specified in his or her CAMTC certificate.

5. Massage shall be provided or given only between the hours of seven a.m. and ten p.m. No massage business shall be open and no massage shall be provided between ten p.m. and seven a.m. A massage commenced prior to ten p.m. shall nevertheless terminate at ten p.m., and, in the case of a massage business, all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at ten p.m.

6. A copy of the CAMTC certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.

7. A list of the services available and the cost of such services shall be posted in the reception area within the massage business premises, and shall be described in readily understandable language. Off-premise massage practitioner providers shall provide such a list to clients in advance of performing any service. No owner, manager, or operator shall permit, and no massage practitioner shall offer or perform, any service other than those posted or listed as required herein, nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any off-premise massage services.

8. No massage business shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to Section 8.10.050.A.7 nor shall any massage business employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.

9. For each massage service provided, every massage business shall keep a complete and legible written record of the following information: the date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by the police chief, or other city officials charged with enforcement of this chapter. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two years and be immediately available for inspection during business hours.

10. No person shall enter, be, or remain in any part of a massage business while in possession of an open container containing alcohol, or illegal drugs. The massage business owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

11. Where the massage business has staff available to ensure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the massage business is open for business or when clients are present, except as part of a home occupation or live/work unit.

12. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, 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. For the purpose of this subsection, there is an irrefutable presumption that the visibility is impermissibly blocked if more than ten percent of the interior reception and waiting area is not visible from the exterior window.

13. Minimum lighting consisting of at least one artificial light of not less than forty watts (or equivalent) shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

14. Hot and cold running water shall be provided at all times.

15. No massage business shall allow any person to reside within the massage business or in attached structures owned, leased or controlled by the massage business, except as part of a home occupation or live/work unit.

16. Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of eleven p.m. and six a.m., except as part of a home occupation or live/work unit.

17. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

18. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate receptacles approved by the health department.

19. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant. Bathtubs shall also be thoroughly cleaned after each use with a disinfectant. All walls, ceilings, floors, and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition.

20. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.

(Ord. No. 2017-01, § 2, 2-21-2017)

The massage business operator or manager consents to the inspection of the massage business by city officials, including but not limited to officials from the community development, fire, and police departments, for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are being met at any time the massage business is occupied by a person or open for business.

(Ord. No. 2017-01, § 2, 2-21-2017)

The city 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 under any other chapter of the municipal code.

(Ord. No. 2017-01, § 2, 2-21-2017)

The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, chiropractors, osteopaths, physical therapists or acupuncturists who are duly licensed to practice their respective professions in the state of California, and licensed employees of such licensed professionals while working in the office of, and under the supervision of, such licensed professional.

B. Nurses registered under the laws of the state of California.

C. Barbers, cosmetologists, estheticians, manicurists, and electrologists who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses, Athletic coaches and trainers acting within the scope of their employment while employed by accredited high schools, junior colleges, colleges or universities.

D. Individuals administering massage services or health treatment involving massage to persons participating in road races, track meets, triathlons and similar single-occurrence athletic or recreational events, provided that all of the following conditions are met:

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

2. 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;

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

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

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

(Ord. No. 2017-01, § 2, 2-21-2017)

A. Violation and Noncompliance. The community development director may refuse to renew a massage operator's permit or may revoke or suspend an existing permit on the grounds that the applicant has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant shall have the right to appeal to a city hearing officer in the time and manner set forth in this section.

B. Revocation and Suspension of Massage Operator's Permit.

1. The community development director may revoke or refuse to renew a massage operator's permit if he/she makes any of the findings for denial of a permit under Section 8.10.030, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers.

2. The community development director may suspend any massage operator's permit for a period of thirty days for each violation of Section 8.10.050.

3. Notice. When the Community Development Director concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, he/she shall serve the permit holder, either personally, by certified U.S. mail or overnight delivery service, addressed to the business or residence address of the permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision and that the decision will be final if no appeal is filed within the time permitted.

C. Appeal.

1. The right to appeal to a city hearing officer shall terminate upon the expiration of fifteen business days from deposit of the notice with the U.S. Mail, certified and return receipt requested or deposit with an overnight delivery service that provides tracking of the envelope. All requests for appeals shall be sent to the community development director.

2. In the event an appeal is timely filed, the suspension, revocation or refusal to renew shall not be effective until a final decision has been rendered by a city hearing officer. If no appeal is filed, the suspension, revocation or refusal to renew shall become effective upon expiration of the period for filing appeals. A denial of a new permit shall be effective upon deposit of the notice in the U.S. mail or overnight delivery service.

3. The hearing officer shall schedule an appeal hearing within thirty days of receipt by the city of a request for an appeal hearing. The hearing officer shall receive relevant evidence, make written findings and render his or her decision within thirty days from the date of the hearing. The decision of the city hearing officer shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.

4. Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by certified U.S. mail or overnight delivery service, addressed to the address listed on the address given in the notice of appeal.

5. The following rules of evidence shall apply:

a. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.

b. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness.

c. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons 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. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.

(Ord. No. 2017-01, § 2, 2-21-2017)

A. Violations of this chapter may be enforced pursuant to the provisions of this code. Violations may also be enforced in judicial proceedings, by suspending or revoking permits, or in any other manner authorized by law.

B. Any massage business operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance. The city may, 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, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage business and restrain and enjoin any person from operating, conducting or maintaining a massage business contrary to the provisions of this chapter.

C. The remedies described in this section are cumulative and in addition to any other remedies available that may be pursued to address a violation of this chapter.

(Ord. No. 2017-01, § 2, 2-21-2017)