§ 8-204. Enforcement and penalties.


Latest version.
  • (1)

    It shall be unlawful to operate a massage therapy business or establishment in contravention of this article. A person violating the provisions of this article commits a violation of the city's municipal code and commits a misdemeanor of the second degree. A violation of the provisions of this article may also result in the revocation or suspension of the violator's business tax receipt, as provided in section 41-78 of the City Code. The city shall report any violations of this article by a licensed massage therapist to the Florida Department of Professional and Business Regulation, or such other agency as may correspond to the situation, which may result in additional penalties.

    (2)

    Any premises in which massage is offered or performed, by persons unlicensed by the State of Florida or otherwise in violation or otherwise in violation of the provisions of F.S. ch. 480, and Chapters 64B7-26 and 64B7-30, Florida Administrative Code, for which discipline may be imposed by the State of Florida, shall be in violation of the City Code, and such activity may be declared a nuisance and may be abated and enjoined, as provided in F.S. § 823.05, and/or such other applicable laws, as a public nuisance.

    (3)

    The owner, operator, or person in control, of any premises in the city in which massage is offered or provided in violation of either Florida law or this article shall be liable for a violation of the City Code pursuant to Chapter 11 of the Code, and shall commit a misdemeanor of the first degree, punishable as provided by F.S. § 775.082 or 775.083. A second or subsequent violation of this section is a felony of the third degree, punishable as provided in F.S. § 775.082, § 775.083, or § 775.084.

    (4)

    A person who is unlicensed as a massage therapist by the State of Florida or, notwithstanding the possession of such a license, violates a provision of F.S. ch. 480 or Chapters 64B7-26 or 64B7-30, Florida Administrative Code, which would subject the individual to discipline by the State of Florida for a violation of the requirements of the license, or who violates any provision of this article, shall be liable for a code violation pursuant to chapter 11 of this Code and shall commit a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(Ord. No. 2014-27 , § 2, 8-13-2014)