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HomeMy WebLinkAboutOrdinance 2011.01 Amending title 9 of the town code relating to massage establishments F. M ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � Recorded By: CML O F PI DEPUTY RECORDER S' �0 SEQUENCE: 20110470648 SMARA 1951 w l �'Iz NO. PAGES: 2 y 02/16/2011 TOWN OF MARANA ORDIN 18:00 TOWN CLERK 92 21Z01`Z Q ' MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.01 RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE TITLE 9 "BUSINESS REGULATIONS "; ADDING NEW CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS "; REGULATING MASSAGE ESTABLISHMENTS; ESTABLISHING LICENSING REQUIREMENTS AND RELATED FEES; ESTABLISHING REQUIREMENTS FOR MASSAGE ESTABLISHMENT FACILITIES; DESIGNATING UNLAWFUL ACTIVITIES AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLATIONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 32 -4258 to adopt and enforce regulations affecting the establishments, locations and settings in which individuals, entities and businesses engage in the practice of massage therapy; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 9 "Business Regulations ", adding Chapter 9 -4 entitled "Massage Establishments ", three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2011 -15 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The following penalty clauses are contained in Chapter 9 -4 as added to the Marana Town Code pursuant to this ordinance: Section 9 -4 -4 Classification; continuing violations; effect of revocation or suspension on prosecution A. Whenever in this chapter any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of that provision is a class one misdemeanor. B. Each day any violation continues shall constitute a separate offense. C. Revocation or suspension of a license shall not be a defense against prosecution. Marana Ordinance 2011.01 - 1 - {00025046.DOC /} SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the thirty -first day after its adoption; however, those entities regulated by this ordinance shall have 90 days from the effective date to come into compliance with the provisions of the ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor E0 Honea ATTEST: ocel . Bronson Town Clerk s SEAL Willi 10 � -1 , i� �• APPROVED AS TO FORM: rank Ca s' y, Town AtttoiU y Marana Ordinance 2011.01 -2- {00025046.DOC /} WHEN RECORDED RETURN TO: � OFFICIAL RECORDS OF TOWN OF MARANA 18 - 75 PINAL COUNTY RECORDER AI'TN: TOWN CLERK � � LAURA DEAN -LYTLE 11555 W CIVIC CENTER DRIVE MARANA ARIZONA 85653 DATE /TIME: 02/22/2011 1111 FEE: $12.00 PAGES: 2 FEE NUMBER: 2011 - 015007 I IIII I IIII) VIII VIII (IIII VIII VIII VIII VIII VIII IIII IIII MARANA ORDINANCE NO. 2011.01 RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE TITLE 9 `BUSINESS REGULATIONS "; ADDING NEW CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS "; REGULATING MASSAGE ESTABLISHMENTS; ESTABLISHING LICENSING REQUIREMENTS AND RELATED FEES; ESTABLISHING REQUIREMENTS FOR MASSAGE ESTABLISHMENT FACILITIES; DESIGNATING UNLAWFUL ACTIVITIES AND ESTABLISHING CRIMINAL PENALTIES FOR VIOLA T IONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 32 -4258 to adopt and enforce regulations affecting the establishments, locations and settings in which individuals, entities and businesses engage in the practice of massage therapy; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 9 "Business Regulations ", adding Chapter 9 -4 entitled "Massage Establishments ", three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2011 -15 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The following penalty clauses are contained in Chapter 9 -4 as added to the Marana Town Code pursuant to this ordinance: Section 9 -4 -4 Classification; continuing violations; effect of revocation or suspension on prosecution A. Whenever in this chapter any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of that provision is a class one misdemeanor. B. Each day any violation continues shall constitute a separate offense. C. Revocation or suspension of a license shall not be a defense against prosecution. Marana Ordinance 2011.01 - 1 - {00025046.DOC /} SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the thirty -first day after its adoption; however, those entities regulated by this ordinance shall have 90 days from the effective date to come into compliance with the provisions of the ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor Ed Honea ATTEST: t �Q , a CORPORAfF �y �, ocelyn . Bronson ' Town Clerk s v APPROVED AS TO FORM: F ank C dy, Town Atto ey Marana Ordinance 2011.01 - 2- {00025046.DOC /}