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HomeMy WebLinkAboutORD NO 4963ORDINANCE NO. 4 9 6 3 AN ORDINANCE AMENDING CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE PROFESSIONALS AND MASSAGE ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.32 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.010 Definitions. 5.32.020 CAMTC—Certificate required. 5.32.030 Massage establishment—Permit required. 5.32.040 Application for establishment permit, fee. 5.32.045 Renewal. 5.32.050 Establishment permit—Investigation, approval or denial. 5.32.060 Exemptions. 5.32.070 Permit denial, revocation, nonrenewal. 5.32.080 Regulations. 5.32.090 Prohibited conduct. 5.32.100 Violation and penalty. 5.32.110 Appeal. 5.32.120 Severability. 5.32.130 Practitioner permit exemption option. 5.32.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Massage" means the systematic manual or mechanical manipulations of the soft tissues of the body by such movements as rubbing, stroking, kneading, pressing, tapping, pounding, vibrating, rolling, compression and friction, for the purpose of promoting circulation of the blood and lymph, relaxation of muscles, relief from pain, restoration of metabolic balance, neuromuscular reeducation, prevention, rehabilitation, healing, or other benefits both physical and mental, including, but not limited to, deep tissue and pre and post sports massage, manual lymph drainage therapeutic technique and myofascial release. oF0AK, 9q m Page 1 of 15 Pages u o ORIGINAL B. "Massage establishment" means an establishment having a fixed place of business where massage or similar procedures are performed. C. "Massage professional" means any person, other than a medical practitioner licensed by the state of California, who administers to another person for a fee, profit or other compensation, massage, baths or other similar procedures. D. "Person" means any individual, partnership, corporation or association of any nature whatsoever. E. " CAMTC means California Massage Therapy Council. F. "Employee," for the purpose of this chapter, shall include independent contractors. G. "Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. H. "Off -premises massage" means the performing of massage for a fee, profit or other compensation at a location other than the massage establishment, including, and limited to, the following: "Off -premises public" when the client remains fully clothed and limited to modalities that do not require the removal of clothing, including, but not limited to, chair massage, reflexology, sports massage, and acupressure, shiatsu and Thai massage. "Off - premises public" is limited to areas open to the public, but limited to sidewalks, sports complexes, convention centers, public events, and business lobbies or common areas open to the public or other employees; 2. "Off -premises private" when the client may or may not remain fully clothed and shall not be performed unless authorized in writing by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the state of California. I. "Owner' means all persons who have an ownership interest in the massage establishment and are responsible for its day-to-day operations. The owner also is an individual(s) whose name(s) appears on the city of Bakersfield business license. J. "Reflexology" is the application of specific pressures to reflex points in the hands and feet. It is a clothed session with only the removal of eAKF shoes and socks allowed. o� 9NT r m Page 2 of 15 Pages 0ORIGINAI� 5.32.020 CAMTC—Certificate required Except as provided for in Section 5.32.130, every massage professional must be certified through the CAMTC. A. Effective immediately the city will no longer issue massage practitioner permits. B. For those massage professionals who currently have city -issued massage practitioner permits, those permits are not subject to renewal by the city. 5.32.030 Massage establishment—Permit required. Every person conducting, managing, owning, or operating a massage establishment in the city, except as exempted in this chapter, shall first obtain a permit under this chapter. Said permit shall be numbered and must be displayed in a prominent place on the premises in which the business is conducted. 5.32.040 Application for establishment permit, fee. A. Every person desiring an establishment permit under this chapter shall complete and submit to the Bakersfield police department a written application in a form approved by the Chief of Police or designee along with the required fee. B. Any establishment permit issued under this chapter shall be valid for two years from the date of issuance unless revoked or suspended. Existing establishment permits shall continue in effect until the anniversary date of issuance of the existing permit at which date a renewal shall be required in accordance with this section. 5.32.045 Renewal. To renew the permit under this chapter, the permit holder must fill out a new application and pay the required fee at least ninety days before the permit expires. 5.32.050 Establishment permit—Investigation, approval or denial. A. The Chief of Police or designee, upon receipt of a complete application for a massage establishment permit or a renewal of such permit, shall conduct an appropriate investigation to determine whether the permit shall be issued in accordance with the procedures of this chapter. o�eAKF9N > F J O Page 3 of 15 Pages ORIGINAL B. The Chief of Police or designee shall have ninety days to investigate the application and the background of the applicant, including, but not limited to, any past criminal convictions as provided by the Justice Department or other legally authorized agency. C. After investigation, the Chief of Police or designee shall approve or conditionally approve issuance or renewal of the permit if he or she finds: 1. A completed written application form has been filed; 2. The required application fee has been paid; 3. The applicant has fully cooperated in the investigation of his or her application; 4. The applicant has not knowingly made any false, misleading or fraudulent statements in the application; 5. The applicant is operating the establishment in a building that complies with all of the health, zoning, fire, building and safety requirements and standards of the laws of the state of California and the city; 6. The applicant, his, her or its employees, agents, partners, or officers, directors or shareholders of the corporation holding more than five percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct violating California Penal Code Sections 220, 261, 264.1, 266e, 266h, 266i, 314, 315, 316, 315, 647(a), and 647(b) or convicted of an attempt to commit any of the above- mentioned offenses or convicted in any state of any offense which, if committed or attempted in this state, or conspiracy to commit any of the above offenses, would have been punishable as one or more of the above-mentioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude; The applicant, his, her or its employees, agents, partners, or officers, directors, or shareholders of the corporation holding more than five percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted, within the past five years, in a court of competent jurisdiction of any offense involving the controlled substances designated in 1<gAKFy California Health & Safety Code Sections 11054, 11055, 11056, ° %P r m u o Page 4 of 15 Pages ORIGINAL 11057 or 11058 or violation in any other state of an offense which, if committed in this state, would have been punishable as one or more of the above-mentioned offenses; 8. The applicant, his, her or its employees, agents, partners, or officers, directors, or shareholders of the corporation holding more than five percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving the maintenance of a nuisance in connection with the same or similar business operation; 9. The applicant has not had a permit or permit for a similar type establishment revoked by the city or any other jurisdiction within the past three years; 10. The applicant has shown proof of liability insurance as required by this chapter; 11. The applicant is not delinquent in payment to the city of taxes, fees, refuse, water, sewer or other charges, fines, or penalties assessed against or imposed upon the applicant. D. The Chief of Police or designee is authorized to issue a temporary permit if relevant Department of Justice state summary criminal history information is not received within the ninety -day investigation. A final decision granting or denying a permit shall be made after receipt of such summary criminal history information. If the permit is granted, its effective date shall be the date of issuance of the temporary permit. Temporary permits shall be issued for a ninety -day period. The Chief of Police or designee may extend such temporary permit should the relevant Department of Justice information not yet be available. E. Upon review of all documentation provided, the Chief of Police or designee shall issue the massage business a city massage establishment permit, which shall be valid for two years from the date of issuance. F. The Chief of Police or designee may deny or refuse to renew an establishment permit if a massage establishment permit was revoked within the last year at that particular location. G. The Chief of Police or designee shall provide written notice to the applicant of the decision and the grounds therefor as soon as possible after arriving at the decision. If denied, an applicant may reapply if he or she can provide evidence that the ground or grounds for denial of the applicant ibAKF no longer exist; provided, however, that no such reapplication may be made 8k 9N Page 5 of 15 Pages ORIGINAL sooner than one year after the original application. All permits issued pursuant to the provisions of this chapter shall be personal to the applicant and nontransferable. 5.32.060 Exemptions. The provisions of this chapter shall not apply to the following classes of persons while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, acupuncturists or physical therapists duly licensed to practice in the state of California; B. Registered nurses or state licensed vocational nurses; C. Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the state of California; D. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses, limited solely to the massaging of the neck, face, scalp, feet up to the ankle, or hands up to the wrist of the client. This includes manicurists, nail technicians and estheticians licensed by the state of California as required by the Barbering and Cosmetology Act; E. Accredited high schools, junior colleges and colleges or universities where coaches and trainers are acting within the scope of their employment; F. Trainers of any amateur, semiprofessional or professional athlete or athletic team while engaging in their training responsibilities for and with athletes; G. Holistic health practitioners who are nonmedical health care therapists and use a massage specialty and therapeutic approach in caring for clients and who present to the Chief of Police or designee proof of satisfactory completion of one thousand hours of instruction in such specialty or therapeutic approach at a school with a state approved curriculum and proof of membership in a state or nationally chartered organization devoted to the specialty or therapeutic approach are exempt. The practice of such health care therapists may include other services such as nutritional assistance or counseling as long as all activities are directed toward health care. of �'AKF9 s � m Page 6 of 15 Pages QORIGINAL 5.32.070 Permit denial, revocation, nonrenewal. A. The Chief of Police or designee may deny, revoke or refuse to renew any permit granted under this chapter on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter. B. The Chief of Police or designee may deny, revoke, or refuse to renew any permit if any of the following are found: 1. The permit holder does not possess the qualifications for the permit as required by this chapter; 2. The permit holder has been convicted of any violation of any provision of this chapter; 3. The permit holder has engaged in conduct or operated a massage establishment or is engaged in conduct as a massage professional in a manner which violates this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit; 4. There is fraud, material misrepresentation, false statement, or omission of a material fact in any application for a permit or in any supplemental material; 5. An activity authorized under the permit has been conducted in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public; 6. Upon a recommendation from the city officials which states that such establishment is being managed, conducted or maintained without regard for public safety or public health. 7. For purposes of this section, permit holder, in the case of a massage establishment, shall include the managing responsible officer or managing employee. C. When the Chief of Police or designee concludes grounds for denial, revocation or refusal to renew a license exists, the Chief of Police or designee shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of the applicant or permit holder, with a notice of denial, or revoke or refuse to renew the permit. This notice shall state the reasons for the proposed action, the effective date of the decision, that the applicant or permit holder has the right to appeal the decision to the City Manager or designee, and that the gAKF decision will be final if no appeal is filed within the time permitted. r 0 Page 7 of 15 Pages ORIGINAL 5.32.080 Regulations. A. A recognizable and readable sign shall be posted at the main entrance identifying the massage professional/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 of this code; 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 services are being performed. C. Ventilation shall be provided as required by the building code, adopted in Chapter 15.05 of this code. D. The massage 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 establishments and massage professionals shall at all times have an adequate supply of clean sanitary towels, coverings and linens. Towels, nondisposable 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 establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, tanning 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 establishment shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage techniques shall not be used on more than one client unless they have been sterilized, using standard sterilization methods. H. Clients of the massage establishment shall be furnished with a dressing room. Dressing rooms will be used only by clients of the same sex at c eAK�9N > T Fn Page 8 of 15 Pages ORIGINAL 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 establishment and shall consist of at least one unisex toilet with avatories 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 services. Soap and sanitary towels shall also be provided at each basin. K. All massage establishments shall be operated in compliance with state and local health laws and regulations. L. All employees of the massage establishment, and all persons performing massages shall be eighteen years of age or older. M. No massage 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 establishment to insure that each massage professional operating at the establishment shall have first obtained a valid permit pursuant to this chapter. O. The permit holder for the massage 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. The manager of the massage establishment shall have access to the records for inspection by the Chief of Police or designee during business hours. 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 professional 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 establishment so as to interfere with or hinder kgAKF9 inspection by a law enforcement officer. ° T o Page 9 of 15 Pages ORIGINAL R. A massage shall be provided or given only between the hours of seven a.m. and ten p.m. All clients shall exit the premises by ten p.m. and no massage business shall allow any person to reside within the premises or in attached structures owned, leased or controlled by the massage business. S. Either a manager or person holding a permit for a massage 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 establishment in the city for the purpose of determining that the provisions of this chapter are met. U. No massage establishment shall operate under any name not specified in the permit. V. Except as otherwise provided in this chapter, massage shall be performed only at a massage establishment for which a permit has been issued and is valid. W. Massage professionals shall be fully clothed at all times, unless providing a water-based massage modality approved by CAMTC, in which case they shall not dress in a manner that exposes one's breasts, buttocks, or genitals, or otherwise dress in a manner that constitutes a violation of state or local laws, including California Penal Code Section 314. Otherwise, clothing shall be of a fully opaque, nontransparent material and provide the complete covering from mid-thigh to three inches below the collarbone. Massage professionals shall have visible in the work station at all times a photo -identification name tag issued by the Chief of Police or designee which readily displays a photograph of the massage professional measuring no smaller than two inches by two inches, the name of the massage professional, the name of the massage establishment in which the massage professional is employed, and the date of expiration of the massage professional's permit. X. An original CAMTC certificate or a practitioner permit under Section 5.32.130 for each massage professional employed in the business shall be displayed in the reception area or similar open public place on the premises. Likewise, a CAMTC certificate or a practitioner permit under Section 5.32.130 shall also be visibly displayed in the work station or worn by and clearly visible on the massage professional's person during working hours, and at all times when the massage professional is inside a massage business or providing outcall massage. of gAKF9N T r � Page 10 of 15 PagesORIGINAL Y. No person shall enter, be, or remain in any part of a massage 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. Z. All exterior doors shall remain unlocked from the inside during business hours unless otherwise allowed by law. A person operating a massage 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. 5.32.090 Prohibited conduct. A. No owner, manager, operator, responsible managing employee or permit holder shall allow, offeror perform any service other than those permitted under this chapter. B. No owner, manager, operator or employee of a massage establishment, while on the premises of a massage establishment and/or during the course of performing massage, shall: Expose the sexual or genital part of the permit holder or employee; or 2. Expose the sexual or genital part of any other person; or 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 owner, manager, operator or employee of a massage 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 establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this chapter. D. A massage professional shall not violate the provisions of California Penal Code Sections 647(a) and (b), or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage establishment permit holder. 9pKF9� T ' m Page 11 of 15 Pages �ORIGINAL� E. A massage professional 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 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 professional shall violate, any of the regulations contained in this chapter. G. Notwithstanding Section 5.32.130, no manager or owner of a massage establishment shall allow or permit a person to administer massage for such establishment unless the professional possesses a valid CAMTC permit issued under the provisions of this chapter. It shall be the responsibility of the massage establishment permit holder to ensure that each person operating as a massage professional 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 establishment permit is suspended or revoked. 5.32.100 Violation and penalty. A. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the city attorney may enforce such violations as criminal, civil and/or administrative utilizing administrative remedies. B. Each person shall be charged with a separate offense for each and every day during which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. 5.32.110 Appeal. A. If the Chief of Police or designee denies, revokes or does not renew the massage establishment permit, the decision may be appealed by the applicant to the City Manager, or designee, through the following procedure: No later than fifteen calendar days after mailing of the notice of denial, the applicant shall file with the city clerk a written request for an appeal hearing, which states the specific grounds for appeal. o`�AKF9N Page 12 of 15 Pages ORIGINALL 2. As soon as practicable after receiving the appeal, the City Manager, or his or her designee, shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The City Manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the City Manager, or designee, on request of the appellant for good cause shown, or on the City Manager's, or designee's, own motion. The hearing shall be informal. At the hearing, the City Manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Chief of Police, or designee. Upon conclusion of the hearing, the City Manager, or designee, shall render a decision. The decision of the City Manager, or designee, shall be final. 3. Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permit holder in any hearing or other matter under this chapter. 5.32.120 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. 5.32.130 Practitioner permit exemption option. A. The city recognizes that some massage professionals currently practicing in Bakersfield may not meet the current requirements set forth by the CAMTC, even though the person has been in practice for a significant period. The city will allow such persons to bypass the CAMTC requirement of Section 5.32.020 if they show all of the following: Must apply for this exemption with the Bakersfield police department within thirty days from the effective date of the ordinance codified in this chapter; and o``gAKF9�' T � m Page 13 of 15 Pages JORIGINAL� 2. Must show that he or she has had a massage practitioner permit for the past ten consecutive years (4/2008 to 4/2018) with no time lapse; and 3. Must show to the satisfaction of the police department that he or she has not been issued any warnings or citations regarding issues with their massage practitioner permit or with their establishment permit. B. Terms. Persons that are granted an exemption from the CAMTC certification requirement will still be required to meet all other terms of this chapter, including but not limited to being issued a practitioner permit as set forth below and going through a background check. This exemption must be renewed annually with the Bakersfield police department prior to the expiration date of the practitioner's permit. C. Practitioner Permit Application. Every person desiring a practitioner's permit under this section shall complete and submit to the Bakersfield police department a written application in a form approved by the Chief of Police or designee. In order to qualify for a practitioner permit, a massage professional must satisfy one of the following criteria: If self-employed or employed at a permitted massage establishment, have received a diploma or certificate of completion in a course of study in massage at a recognized school of massage or institution approved pursuant to the California Education Code; or 2. Have received a certificate of completion in a course of study at an institution outside California which, in the opinion of the Chief of Police or designee, meets or exceeds the criteria for approval for such programs in California; or 3. Have successfully passed an independently prepared and administered national certification examination which is recognized by objective standards to fairly evaluate professional levels of skill, safety and competence, as determined by the National Commission for Certifying Agencies. SECTION 2. 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. ---------000---------- O�eAKF9N r Page 14 of 15 Pages ORIGINAL I 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 JAN 2 3 2019 , by the following vote: AYES/ COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: N- COUNCILMEMBER: N6M- ABSEN COUNCILMEMBEROn.rryil� APPROVED: JAN 2 3 2019J By: y1 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Rl:pd S \COUNOI\0.W 8-ro\5 32wass.,I—I tl— ( JAIQ16 4 QA 4nle JULIE DRIAAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield o``gAKF�N T v o Page 15 of 15 Pages ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 25th day of January. 2019 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4963 passed by the Bakersfield City Council at a meeting held on the 23rd day of January, 2019 and entitled: AN ORDINANCE AMENDING CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE PROFESSIONALS AND MASSAGE ESTABLISHMENTS. JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Clerk 3 VOCUMENTFORMSWOP. ORD.w d