10210-12 Amending Chapter 2 Addressing Massage Establishments and Massage Therapy

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Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 18 (4) It shall be unlawful for any person who operates a massage establishment to allow or permit persons to perform massage therapy act therein as massage technicians without first having a license permit therefore as required by this section. (5) It shall be unlawful for any person to perform massage therapy act as a massage technician within a massage establishment which does not have a license therefore as required by this section. massage establishment to allow or permit such massage or offer to massage in such (j) Conducting in violation of section deemed a nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this section shall be unlawful and declared a public nuisance. The Law Department City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for the abatement, removal or enjoinment therefore, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this section. (k) Penalty. Additionally, any person who violates any provision of this section shall be issued an ordinance citation of two hundred fifty dollars ($250.00) for the first violation; with a minimum fine of five hundred dollars ($500.00) for each violation thereafter, with the Law Department being authorized to seek the maximum financial penalty permitted by Indiana law for repeat violations. . .•- , . .. . .• •. . . -- . . • - - - -. Any violation found by the Health Department shall result in the violator being liable to the Health Department for any expense, loss or damage occasioned it by reason of the violation, including the costs for labor, supplies, equipment and services. The violation of any provision of this article shall constitute a separate offense for each day such violation may exist. (Ord.No. 6998-81, § 1; Ord.No. 7723-86,§2;Ord.No.9093-00,§ IX) Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section III. Severability: If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.