La Mirada Municipal Code Art. IV Prohibited Conduct, Procedures and Penalties

It is unlawful for any certified massage therapist, or for any permittee to permit or allow any certified massage therapist, to touch or 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.

(Ord. 645, § 2, 2011).

When the grounds for revocation under this chapter are that the permittee has engaged in or allowed illegal or dangerous conduct, the permit may be suspended until the revocation hearing procedure has been completed.

(Ord. 645, § 2, 2011).

The director may, after notice and hearing, revoke the massage establishment permit of any person, firm, partnership or corporation holding the same upon receipt of satisfactory evidence that:

A. The permittee has made a material misrepresentation on the permit application;

B. The permittee, any managing responsible employee thereof or any person enumerated in Section 4.10.040D.9. or Section 4.10.040D.10. of Article I hereof has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any state, federal or other governmental law similar to and including California Penal Code Section 290, any violation of any statute for which the permittee is required to register pursuant to California Penal Code Section 290 or any such similar registration law, or any crime that involves conduct which is a violation of any state, federal or other governmental law similar to and including California Penal Code Sections 266h, 266i, 314, 315, 316, 318, 647, or any other crime involving the elements of the foregoing code sections, by way of plea bargain, or any other crime involving dishonesty, fraud, deceit or moral turpitude, or any lesser included offense; or

C. The permittee, any managing responsible employee, or any employee, representative, or agent of the permittee, or any certified massage therapist employed by the permittee, has engaged in conduct constituting a violation of this chapter or of any of the enumerated statutes or crimes set forth in Section 4.10.420B., above. The director shall provide the permittee with written notice of the revocation by U.S. mail, with a proof of service attached, addressed to the street address of the massage establishment as shown on the application; or

D. The massage establishment no longer satisfies the approval requirements set forth in Section 4.10.040, including, but not limited to, failure of a massage establishment to use or employ only certified massage therapists to provide massage services.

(Ord. 645, § 2, 2011).

A. The applicant or permittee, as the case may be, within ten business days after the date of denial of an application for a permit under Article I hereof, or notice of revocation, may file an appeal with the city clerk to be taken to the hearing officer. In the event an appeal of a revocation is timely filed, and the grounds for revocation are those set forth in Section 4.10.410, then a suspension of the permit shall be in effect until the final decision has been rendered by the hearing officer.

B. If the applicant or permittee fails to timely file an appeal, then the denial/revocation shall take effect immediately upon expiration of the appeal filing period. No permit shall be revoked until after a hearing has 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 operate a massage establishment or carry on the business of massage until the revoked permit has been reinstated by the hearing officer.

C. Notice of such hearing shall be given in writing and mailed at least ten days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the massage establishment application. The notice shall state the grounds for denial or revocation, and the time and place where such hearing will be held.

D. 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. 645, § 2, 2011).

Unless otherwise specifically provided by law, the burden is on the city in any hearing under this Article IV to prove that the determination of the director that is being appealed is reasonable, and not an abuse of discretion.

(Ord. 645, § 2, 2011).

It is 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 the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand 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. 645, § 2, 2011).

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. 645, § 2, 2011).

The city council declares that, should any article, provision, section, paragraph, sentence or word of this chapter be or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, including, but not limited to, any provision contained in California Business and Professions Code Section 4600, et seq., the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect. The provisions of California Business and Professions Code Sections 4600 through 4613 shall be deemed to govern over any conflicting provisions contained in this chapter.

(Ord. 645, § 2, 2011).