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Home My WebLink AboutORD NO 5188ORDINANCE NO. ORDINANCE AMENDING SECTION 5.32.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ESTABLISHMENT PERMIT -INVESTIGATION, APPROVAL OR DENIAL. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.32.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 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. 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 may 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; Ordinance Amending Section 5.32.050 Establishment Permit- Investigation, approval or denial. Page 1 of 4 Pages s QRIOINA� 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, 318, 647(a), and 647(b), or convicted of an attempt to commit any of the abovementioned 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 abovementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude; 7. 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 California Health and Safety Code Section 11054, 11055, 11056, 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 abovementioned 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; Ordinance Amending Section 5.32.050 Establishment Permit- Investigation, approval or denial. Page 2 of 4 Pages ORIGINAL 9. The applicant has not had a permit or permit renewal for a massage establishment revoked or denied 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; and 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 no longer exist; provided, however, that no such reapplication may be made 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. Ordinance Amending Section 5.32.050 Establishment Permit- Investigation, approval or denial. -- Page 3 of 4 Pages -- �, A Q J� t- m U Or ORIGINAL r W 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. �•Tir•� 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 NOV - 6 2024 by the following vote: AYE COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: NOV - 6 2024 v ✓ ✓ v ✓ v ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR JIILIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: sewoffj" 2401 KAREN • Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ✓vt 1, C� ASHLEY Z4WBRANO Deputy City Attorney AEZ/em 5:\COUNCIL\Ords\24-25\5.32.050.Esfablishmen tPermit.Fnl.docx Ordinance Amending Section 5.32.050 Establishment Permit- Investigation, approval or denial. -- Page 4 of 4 Pages -- 04 9,,irr9L, N- I-- m U r O ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. 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 18th day of November 2024 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5188, passed by the Bakersfield City Council at a meeting held on the 6th day of November 2024 and entitled: ORDINANCE AMENDING SECTION 5.32.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ESTABLISHMENT PERMIT -INVESTIGATION, APPROVAL OR DENIAL. JULIE DRIMAKIS, MMC City Clerk'arid Ex Officio of the Council-of-the,City of Bakersfield ay_ TYCityJCferk S ADOCUM ENTT0RMS WOP.O RD.wpd ORIGINAL