§ 5-15.18. Inspections and enforcement.

(a)

Representatives of the City's Building and Safety Division, Code Enforcement Unit, Planning Division, Police Department, and any duly appointed or engaged contractors thereof may, from time to time, with or without notice, make an inspection of each massage establishment in the City during regular business hours for the purpose of determining that the provisions of this chapter are met. No person shall refuse to permit or interfere with a lawful inspection or compliance check of the premises by City officials or contractors.

(b)

The City Building and Safety Division and Police Department or their designees, shall conduct application and occupancy inspections, prior to issuance of a massage establishment permit, off-premises massage permit, and business tax certificate, that must be passed in order to receive approval. Application for occupancy inspection shall be made to the Building and Safety Division and include payment of non-refundable inspection fee as provided in the adopted Schedule of Service Charges in place at the time of application. Tenant improvements requiring a permit shall be completed to satisfy the requirements for a massage establishment shall be completed prior to occupancy inspection.

(c)

Whenever any City official or contractor inspects a massage establishment and finds that any provision of this chapter has been violated, he or she shall give notice of such violation by means of an inspection report or other written notice, including, but not limited to, issuing a citation for each and every violation of this chapter or other applicable laws. In any such notification the investigating person shall:

(1)

Set forth the specific violation or violations found, and shall notify the permittee that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the revocation or denial of the relevant permit.

(2)

No time to correct need be given for health and safety violations or violation of criminal law.

(3)

Permittee, owner, RMO, managing employee, and/or operator, as applicable, shall take immediate action to correct violations and City officials or contractors may re-inspect the business for compliance.

(d)

All methods of enforcement of this chapter, including but not limited to fines, notices of violations, citations, revocations, and criminal actions may be utilized by the City in parallel, serially, or otherwise at the City's discretion. Any provision of this chapter that entrusts an action to the Chief of Police may be delegated to his or her designee(s).

(e)

Upon closure of the business, upon failure to pursue any appeals outlined in this chapter, or upon receipt of the final decision by the City Manager in upholding any revocation of any massage permit, the permittee must surrender any/all permits and identification cards to the City Customer Services Division within ten (10) calendar days of the date of decision. In addition, all business-related signage and advertising on windows and walls, either temporary or permanent shall be removed within ten (10) calendar days of the date of decision or closure. Failure to remove all associated signage by the business owner, management, or property owner will constitute a nuisance and grounds for abatement.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)