HomeMy WebLinkAboutORD NO 3343ORDINANCE NO. 3343
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD A~FDING
SUBSECTION A OF SECTION 5.32.020,
SECTION 5.32.030, SECTION 5.32.040
AND SUBSECTION A OF SECTION
5.32.060, AND ADDING SUBSECTION D
TO SECTION 5.32.020 OF THE
BAKE~SFI~.~ MUNICIPAL CODE ~.RTING
TO MASSAGE ESTABLI~u~£-~.
BE IT ORDAINED by the Council of the City of Bakers-
field as follows:
SECTION 1.
Subsection A of Section 5.32.020 of the Bakersfield
Municipal Code is hereby amended to read as follows:
5.32.020 Permit required.
A. Except as provided in subsections B, C and D,
below, it is unlawful for any person to keep, maintain or operate
a massage establishment, or to perform massage for a fee, profit
or other compensation, in the city, in violation of this chapter
or without having first procured and maintained a valid permit
from the city manager or his designee. Except as otherwise
provided in this Section, each massage technician must hold a
valid permit. No more than one massage establishment permit
shall be required for any establishment at a single location.
SECTION 2.
Section 5.32.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.32.030 Application - Issuance - Fee.
A. Applications foI permits under this section shall
be made on forms to be furnished by the city manager or his
designee, shall be submitted no less than fourteen days prior to
commencement of business, shall be signed under penalty of
perjury by the applicant and shall require the following
information:
1. The name, mailing address, two previous
addresses immediately prior to present address, title, telephone
number, previously used names, date of birth, sex, height,
weight, eye color, hair color, driver's license number, social
security number, previous employment for the three years
immediately preceding the date of application, prior licenses
held and whether such licenses were ever revoked or suspended and
the reason therefor, and the arrest record if any of the
applicant and of all persons who will manage the business;
2. The name, mailing address and location of the
business; and
3. The business tax certificate number of the
business.
B. Each application shall be submitted along with two
portrait photographs at least two-inches by two-inches.
C. Each applicant shall submit a valid diploma or
certificate of graduation from a school or other institution
licensed by the State of California Department of Education,
wherein the method, profession and work of massage is taught.
D. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is complete and truthful;
2. That neither the applicant nor any manager of
the business has been convicted of a crime substantially related
to the qualifications, functions or duties of the business for
which application is made, unless he has obtained a certificate
of rehabilitation.
3. That neither the applicant nor any manager
the business has done any act involving dishonesty, fraud or
deceit with the intent to substantially benefit himself or
another, or substantially injure another.
4. The building and the business for which the
'application is made will be maintained and conducted in
accordance with all laws of the city and the state, including,
but not limited to health, structural soundness, fire safety and
zoning.
5. That a valid business tax certificate has been
issued for this business.
6. The applicant is eighteen years of age or
older.
7. The applicant for a permit to operate as a
massage technician has been granted a valid diploma or
certificate of graduation from a school or other institution
licensed by the State of California Department of Education
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wherein the method, profession or work of massage technicians is
taught.
8. That the applicant has not had a permit,
issued under this section, revoked, unless the city manager finds
that the reasons for such revocation are unrelated to this
application.
E. The applicant shall pay a fee not to exceed the
cost of processing any such application and inspecting such
business as set forth in Section 3.70.040.
SECTION 3.
Section 5.32.040 of the Bakersfield Municipal Code
hereby amended to read as follows:
5.32.040 RegulatioD~.
is
A. A recognizable and readable sign shall be posted at
the main entrance identifying the establishment; provided,
however, that all signs shall comply with the sign requirements
of the city.
B. Lighting shall be provided as required by the
Uniform Building Code, adopted in Chapter 15.12; in addition, at
least. one artificial light of not less than forty watts shall be
provided in each enclosed room or booth where massage services
are being performed.
C. Ventilation shall be provided as required by the
Uniform Building Code, adopted in Chapter 15.12.
D. All massage establishments shall be operated in
compliance with state and local health laws and regulations.
E. All employees of the massage establishment, and all
persons performing massage shall be eighteen years of age or
older.
F. No massage establishment shall operate at any time
unless there is displayed in a location clearly visible to the
public a valid permit, issued pursuant to the provisions of this
chapter, to so operate.
G. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant
and location provided on the application for such permit.
H. It shall be the responsibility of the holder of the
permit for the massage establishment to insure that each person
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employed as a massage technician shall have first obtained a
valid permit pursuant to this chapter.
I. The permit holder for the massage establishment
shall maintain a current file of all persons employed by him or
her. The file shall contain true names and aliases used by such
employees, age, birthdate, height, weight, color of hair and
eyes, home address, phone numbers, social security number and the
date of employment and termination.
J. 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 technician administering such treatment. The record
shall be open to inspection by the city manager or his designee
during business hours. Such records shall be maintained for a
period of two years.
K. 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 inspection by a law enforcement officer.
L. No person shall conduct or operate, or permit to be
conducted or operated, a massage establishment between the hours
of ten p.m. and seven a.m. of the following day.
M. Any person holding a permit for a massage
establishment shall, during business hours, 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.
N. The departments of planning, building, fire and
health departments 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.
O. No person licensed to do business as provided in
this chapter shall operate under any name or conduct the business
under any designation not specified in the permit.
P. All massage technicians shall hold valid diplomas
o~ certificates of graduation from a school or other institution
licensed by the State of California Department of Education
wherein the method, profession or work of massage is taught.
Q. 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.
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SECTION 4.
Subsection A of Section 5.32.060 of the Bakersfield
Municipal Code is hereby amended to read as follows:
5.32.060 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
permit or for the revocation of a permit, then said applicant
may, no later than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant
or permittee at the address provided on the application, make
written objection to the city council setting forth the grounds
for dissatisfaction, whereupon the council shall hear said
objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The
applicant shall be given written notice no less than three days
prior to said hearing. The council may, upon said hearing,
sustain, suspend or overrule the decision of the city manager,
which decision shall be final and conclusive.
SECTIC~ 5.
Subsection D. is hereby added to Section 5.32.020 of
the Bakersfield Municipal Code to read as follows:
5.32.020 Permit required.
D. "Health facilities" licensed as such by the State
of California pursuant to the Health and Safety Code, shall not
be required to obtain a permit as a massage establishment, and
persons holding a massage technician permit, or who are otherwise
authorized to perform massage pursuant to this Section, may
perform massage on residents therein.
SECTION 6.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
I h~EBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regulaz meeting thereof held on F£8 2 7 199! , by the
following vote:
~v~S, COUNCILMEMBERS' EDWARDS, DeMONO, ~+~i, SRUNNI, PETERSON, McDERMOTT, ~ALVA(~§10
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS'
CITY ~ ~
Council of the City of Bakersfield
APPROVED FEB 2 7 1991
CLARENCE E.
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BOS-ORD\
MASSAGE2.ORD
2/5/91
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held
and entitled:
deposes and says:
acting and qualified City Clerk of the City
4th day of March 1991 she
City Hall, a full, true and correct copy of
No. 3343 , passed by the Bakersfield
on the 27th day of February 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk