Irwindale Municipal Code Art. IV Prohibited Conduct, Procedures and Penalties

A. It shall be unlawful for any massage technician to massage the genital area of any patron or the breasts of any female patron or for any massage establishment to allow or permit such massage.

B. Massage technicians shall at all times be fully clothed in nontransparent clothing that shall not expose their genitals, pubic area, buttocks or chest.

C. It shall be unlawful for a massage technician to perform any massage services at any location other than that location specified on the massage technician permit or permitted pursuant to endorsement.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

When the grounds for revocation under this article are that the permittee is suspected of illegal, immoral, improper or otherwise objectionable conduct, the permit may be suspended by the director until the revocation hearing procedure has been completed.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The director shall revoke the massage establishment permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that the permittee has made a material misrepresentation on the permit application, or if the permittee, any managing responsible employee thereof or any of the persons enumerated in Section 9.64.040(D)(12) or (13) of Article I of this chapter has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this chapter, or of the enumerated statutes set forth in 9.64.040(d)(7) of Article I of this chapter or any lesser included offense. The director may revoke, after notice and hearing, a massage establishment permit if, on the basis of satisfactory evidence, it is shown that the permittee, any managing responsible employee, or any employee, representative, or agent of the permittee or any massage technician employed by the permittee, has engaged in conduct constituting a violation of this chapter or of any of the enumerated statutes set forth in Section 9.64.040(D)(7) of Article I of this chapter. The director shall provide the permittee with written notice of the revocation or proposed revocation by certified mail addressed to the street address of the massage establishment as shown on the application.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The director shall revoke the massage technician permit of any person holding the same upon receiving satisfactory evidence that the permittee has made a material misrepresentation on the permit application or if the permittee has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this chapter, or any of the enumerated statutes set forth in Section 9.64.040(D)(7) of Article I of this chapter or to a lesser included offense. The director may, after notice and hearing, revoke the massage technician permit of any permittee if, on the basis of satisfactory evidence, it shows that the permittee has engaged in conduct constituting a violation of this chapter or any of the enumerated statutes set forth in Section 9.64.040(D)(7) of Article I of this chapter. The director shall provide the permittee with written notice of the revocation by certified mail addressed to the permittee at the address of record shown on the massage technician permit application.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

A. The applicant or permittee, as the case may be, within ten business days after dispatch of notice of denial of an application for a permit under either Article I or Article II of this chapter, or notice of revocation, may file an appeal with the city clerk to be taken to the hearing officer. In the event an appeal is filed within the ten-day time frame, a suspension may be in effect until the final decision has been rendered by the hearing officer.

B. If the applicant or permittee fails to make an appeal within the ten-day filing period provided herein, denial/revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the hearing officer to determine good cause for such revocation, or the appeal filing period has lapsed. It is unlawful for any person to conduct a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the hearing officer after timely appeal has been concluded.

C. Notice of such hearing shall be given in writing and mailed at least ten days prior to the date of the hearing, by certified mail, addressed to the address listed on the massage establishment application, or massage technician application, as the case may be.

D. The notice shall state the grounds of the complaint and shall state the time and place where such hearing will be held.

E. After said hearing, the hearing officer shall render a written decision within ten business days from the date the matter is submitted for decision. The action of the hearing officer shall be final and conclusive.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

Unless otherwise specifically provided by law, the burden is on the permittee/applicant in any hearing under this article to prove that the determination of the director which is being appealed is unreasonable, erroneous, or a clear abuse of discretion.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).

The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993).