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Home My WebLink AboutORD NO 4809ORDINANCE NO. 4 8 0 9 ORDINANCE AMENDING SECTIONS 5.32.160 AND 5.32.170 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE /BODYWORK ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.32.160 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.160 Regulations. A. A recognizable and readable sign shall be posted at the main entrance identifying the massage /bodywork establishment; provided, however, that all signs shall comply with the sign requirements of the city. B. Lighting shall be provided as required by the Building Code, adopted in Chapter 15.05; in addition, at least one artificial light of not less than a constant forty watts (with no dimmer switches) shall be provided in each enclosed room where massage /bodywork services are being performed. C. Ventilation shall be provided as required by the Building Code, adopted in Chapter 15.05. D. The massage /bodywork establishment premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the city, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, heating, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility. E. Massage /bodywork establishments and massage /bodywork practitioners shall at all times have an adequate supply of clean sanitary towels, coverings and linens. Towels, non - disposable coverings, and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate receptacles. F. In the massage /bodywork establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, tanning S: \COUNCIL \Ords\ 14- 15 \5.32.160and5.32.170M ossageBody W orkEstab.2d.docx -- Page 1 of 6 Pages -- booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a disinfectant. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, ceilings, floors and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition. G. All equipment used in the massage /bodywork establishment shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage or bodywork techniques shall not be used on more than one client unless they have been sterilized, using standard sterilization methods. H. Clients of the massage /bodywork establishment shall be furnished with a dressing room. Dressing rooms will be used only by clients of the same sex at the same time. Dressing rooms need not be separate from the room in which the massage is being performed. I. Toilet facilities shall be provided in convenient locations within the massage /bodywork establishment and shall consist of at least one unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule. J. A minimum of one washbasin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage /bodywork services. Soap and sanitary towels shall also be provided at each basin. K. All massage /bodywork establishments shall be operated in compliance with state and local health laws and regulations. L. All employees of the massage /bodywork establishment, and all persons performing massage /bodywork shall be eighteen years of age or older. M. No massage /bodywork establishment shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit to so operate issued pursuant to the provisions of this chapter. N. It shall be the responsibility of the holder of the permit for the massage /bodywork establishment to insure that each massage /bodywork practitioner operating at the establishment shall have first obtained a valid permit pursuant to this chapter. O. The permit holder for the massage /bodywork establishment shall maintain a current file of all persons operating at the establishment. The file shall contain true names and aliases used by such employees, age, birth date, color of hair and eyes, home address, phone numbers, social security number and the date of employment and termination. S: \COUNCIL \Ords\ 14- 15\ 5.32.160and5.32.170MassageBodyW orkEstab.2d.docx -- Page 2 of 6 Pages -- P. Every person holding a permit pursuant to this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the massage /bodywork practitioner administering such treatment. The record shall be open to inspection by the chief of police or designee during business hours. Such records shall be maintained for a period of two years. Q. No person holding a permit pursuant to this chapter shall permit communication devices to be installed or used in any manner on the premises of the massage /bodywork establishment so as to interfere with or hinder inspection by a law enforcement officer. R. No person shall conduct or operate, or permit to be conducted or operated, a massage /bodywork establishment between the hours of ten p.m. and seven a.m. of the following day. S. Either a manager or person holding a permit for a massage /bodywork establishment shall, during business hours, be present, be responsible for, and provide, that the premises be readily accessible and open for inspection by law enforcement officers or other government employees who are charged with enforcement of health and safety or other laws of the city or state. T. The departments of planning, building, fire and health shall, from time to time, make an inspection of each massage /bodywork establishment in the city for the purpose of determining that the provisions of this chapter are met. U. No person permitted as a massage /bodywork establishment, as provided in this chapter shall operate under any name or conduct the massage /bodywork establishment under any designation not specified in the permit. V. Except as otherwise provided in this chapter, massage /bodywork shall be performed only at a massage /bodywork establishment for which a permit has been issued and is valid. W. Massage /bodywork practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque, non - transparent material and provide the complete covering from mid -thigh to three inches below the collarbone. Massage /bodywork practitioners shall have visible in the work station at all times a photo- identification name tag issued by the chief of police which readily displays a photograph of the practitioner measuring no smaller than two inches by two inches, the name of the practitioner, the name of the massage /bodywork establishment in which the practitioner is employed, and the date of expiration of the practitioner's permit. S: \COUNCIL \Ords\ 14- 15 \5.32.160and5.32.170Massage Body W orkEstab.2d.docx -- Page 3 of 6 Pages -- X. No person shall enter, be, or remain in any part of a massage/ bodywork establishment while in the possession of, consuming, or using any alcohol or drug except a prescription drug. The responsible owner, operator, managing employee, manager or permit holder shall not permit any such person to enter or remain upon such premises. Y. All exterior doors shall remain unlocked from the inside during business hours unless otherwise allowed by law. A person operating a massage /bodywork establishment shall be responsible for and provide that said premises shall, during business hours, be readily accessible and open for inspection by law enforcement officers for the purpose of locating evidence that would substantiate a violation of the provisions of this chapter. SECTION 2. Section 5.32.170 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.170 Prohibited conduct. A. No owner, manager, operator, responsible managing employee or permit holder shall permit, and no massage /bodywork practitioner shall offer or perform, any service other than those permitted under this chapter. B. No permit holder or employee of a massage/ bodywork establishment, while on the premises of a massage /bodywork establishment and /or during the course of performing massage /bodywork, shall: NJ 1. Expose the sexual or genital part of the permit holder or employee; 2. Expose the sexual or genital part of any other person; 3. Intentionally touch or make physical contact with the genitals, anus and /or perineum of another person. Sexual and genital part shall include the genitals, anus and /or perineum of any person and the breasts of any female. C. No permit holder or employee of a massage /bodywork establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available which is prohibited under this chapter nor shall any massage /bodywork establishment employ language in any advertising text or S: \COUNCIL \Ords\ 14- 15\ 5.32.160and5.32.170MassageBodyW orkEstab.2d.docx -- Page 4 of 6 Pages -- business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this chapter. D. A massage /bodywork practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage /bodywork establishment permit holder. E. A massage /bodywork practitioner shall not massage a client of one sex within the view of a client of the opposite sex, and such practices shall not be allowed or permitted by the massage /bodywork establishment permit holder. Parents, spouse, guardians, translators or caregivers are excluded from this requirement. F. No owner, manager, operator, responsible managing employee, or permit holder shall permit, and no massage /bodywork practitioner shall violate any of the regulations contained in this chapter. G. No permit holder, manager, or owner /operator of a massage /bodywork establishment shall allow or permit a person to administer massage /bodywork for such establishment unless the practitioner possesses a valid massage /bodywork practitioner permit issued under the provisions of this chapter. It shall be the responsibility of massage /bodywork establishment permit holder to ensure that each person operating as a practitioner shall first have obtained a valid license under this chapter. H. Proof of knowledge of any violation of this section shall not be required to be shown where a massage /bodywork establishment permit is suspended or revoked. SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. muzzwo S: \COUNCIL \Ords\ 14- 15 \5.32.160and5.32.170Massage Body W orkEstab.2d.docx -- Page 5 of 6 Pages -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 4 2015 by the following vote: ✓ ✓ .1- ✓ ✓ ✓ AYES.. COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, PARLIER COUNCILMEMBER: N gf-4L ABSTAIN: COUNCILMEMBER: IVDea0. BSE T: COUNCILMEMBER: Vi AYN01 -- ROBERTA GAFFORD, CAO CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: M1 2 4 2015 k), oft By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney RI:vlg S: \COUNCIL \Ords\ 14- 15 \5.32.160and5.32.170MassageBody W orkEstab.2d.docx -- Page 6 of 6 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 26th day of June , 2015 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4809, passed by the Bakersfield City Council at a meeting held on the 24th day of June, 2015 and entitled: ORDINANCE AMENDING SECTIONS 5.32.160 AND 5.32.170 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE /BODYWORK ESTABLISHMENTS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP Y City Clerk SAD0CUMEN7\F0RMSW0P.0RD.wpd