The text
(a)
Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of no less than a misdemeanor, and any conviction thereof shall be punishable by a fine of no less than one thousand dollars or by imprisonment of no less than six months, or by both such fine and imprisonment.
(b)
Nothing in this section shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorney's fees and costs will be assessed at the discretion of the court against the party subject to such injunction.
(c)
Nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement procedures established pursuant to the laws of the State of California and the city of Commerce.
(d)
Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(e)
Any massage establishment shall be subject to the following restrictions:
(1)
A person commits a misdemeanor if he or she operates or causes to be operated a massage establishment without a permit.
(2)
A person commits a misdemeanor if he or she operates or causes to be operated a massage establishment, regardless of whether or not a permit has been issued for such business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
(3)
A person commits a misdemeanor if he or she operates or causes to be operated a massage establishment, regardless of whether or not a permit has been issued for such business under this chapter, and allows such business to remain open for business, or to permit any employee to solicit or provide massage services, between the hours of ten p.m. and eight a.m., except as set forth in Section 5.09.235.
(4)
A person commits a misdemeanor if, working as an employee or a massage technician of a massage establishment, regardless of whether or not a permit has been issued for such business under this chapter, such person engages in a service, or solicits a service, between the hours of ten p.m. and eight a.m., except as set forth in Section 5.09.235.
(5)
A person commits a misdemeanor if he or she operates or causes to be operated a massage establishment, regardless of whether or not a business license has been issued for such business under this title, and such person knows that or should know that:
(A)
The business does not have a massage establishment permit under this chapter;
(B)
The massage establishment has a permit which is under suspension or has been revoked; or
(C)
The massage establishment has a permit which has expired.
(Ord. 577 §1(part), 2004).