HomeMy WebLinkAbout19-41 CC Resolution RESOLUTION NO. 19-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE SCHEDULE OF
ADMINISTRATIVE CITATION FINES PURSUANT TO
TEMECULA MUNICIPAL CODE SECTION 1.21.060 FOR
VIOLATIONS OF CHAPTER 5.22 PERTAINING TO
MASSAGE ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS
FOLLOWS:
Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine
and declare as follows:
(a) Chapter 1.21 of the Temecula Municipal Code provides for the assessment of
administrative penalties for violations of Temecula Municipal Code.
(b) Section 1.21.060 of the Temecula Municipal Code provides for the establishment
of fines to be imposed for violations subject to Chapter 1.21. Section 1.21.060
provides:
"The fine imposed pursuant to this chapter for a particular violation shall
be in the amount set forth in the administrative citation schedule
established by resolution of the city council. The administrative citation
schedule shall specify the amount of any late payment charges imposed
for failure to timely pay the fine."
(c) On February 10, 1998,the City Council adopted Resolution No. 98-14 establishing
an administration citation schedule for the purpose of setting forth administrative
citation fines amounts.
(d) The City Council desires to establish fines at higher amounts than those set forth in
Resolution No. 98-14 for the following violations pertaining to massage
establishments:
1. Temecula Municipal Code Section 5.22.040(A) regarding the requirement
that all massage establishments must have a valid massage establishment permit to
operate in the City.
2. Temecula Municipal Code Section 5.22.080 regarding the requirements
applicable to the operation of massage establishments.
Section 2. Schedule of Administrative Citation Fines.The fines to be assessed for violations
of Temecula Municipal Code Sections 5.22.040(A) and 5.22.080, shall be those described on the
"Schedule of Administrative Citation Fines for Violations of the Massage Establishment
Ordinance"attached hereto as Exhibit"A"and incorporated herein as though set forth in full.
Section 3. Effective Date; Supersedes Conflicting Resolutions. The fines set forth in the
111 Resolution shall be applied to violations of Section 5.22.040(A) pertaining to the requirement
that all massage establishments hold a valid massage establishment permit, and to violations
of Section 5.22.080 pertaining to the requirements applicable to the operation of massage
establishments that occur on or after the date of adoption of this Resolution. All parts of
resolutions not consistent with or in conflict with this Resolution are hereby superseded by this
Resolution, including Resolution No. 98-14.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would have
adopted this Resolution, and each section, subsection, subdivision, sentence, clause,phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional.
Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25th day of June, 2019.
YV `
chael S.Naggar, Mayor
ATTEST:
Randi o , ity Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 19-41 was duly and regularly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 25th day of June,2019, by the following vote:
AYES: 4 COUNCIL MEMBERS: Rahn, Schwank, Stewart,Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Edwards
i
Randi Johl, City Clerk
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EXHIBIT "A"
SCHEDULE OF ADMINISTRATIVE CITATION FINES FOR VIOLATIONS OF THE
MASSAGE ESTABLISHMENT ORDINANCE
1. The fines for violations of Section 5.22.040(A) pertaining to the requirement that
all massage establishments hold a valid massage establishment permit, and for violations of
Section 5.22.080 pertaining to the requirements applicable to the operation of massage
establishments, for which administrative citations are issued pursuant to Chapter 1.21 of the
Temecula Municipal Code, shall be one thousand dollars($1,000) for every offense.
2. In the event a person fails to pay an administrative citation fine within the time
required by Chapter 1.21, there is imposed an initial charge of twenty-five dollars ($25.00) for
administrative costs and then a late payment charge of one percent(1%)per month for each month
the fine is over-due.
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