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HomeMy WebLinkAboutORD NO 1957 ORDINANCE NO. 1957 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 7.44 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 7.44 REGULATING THE CONDUCT OF MASSAGE SERVICES AND MASSAGE ESTABLISHMENTS AND REQUIRING THE ISSUANCE OF A PERMIT THEREFOR. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That the Bakersfield Municipal Code is hereby amended by repealing Chapter 7.44 of Title 7, and substituting in lieu thereof a new Chapter 7.44 of Title 7, to read as follows: Chapter 7.44 MASSAGE SERVICES AND MASSAGE ESTABLISHMENTS Sections: 7.44.010 Short Title 7.44.020 Purpose 7.44.030 Definitions 7.44.040 Permit Required 7.44.050 Exceptions 7.44.060 Application 7.44.070 Application Contents 7.44.080 Age Requirement 7.44.090 Investigation 7.44.100 Facilities Necessary 7.44.110 Time Within Which to Grant or Deny License 7.44.120 Application Fee 7.44.130 Business License 7.44.140 Term of Permits; Renewals 7.44.150 Permits Nontransferable 7.44.160 Summary Suspension of Permit 7.44.170 Suspension or Revocation of Permit by City Manager 7.44.180 Return of Permit; Closure of Premises 7.44.190 Hearing Required - Time Limitations 7.44.200 Hearing Procedure 7.44.210 Grounds for Denial, Suspension or Revocation of Permit 7.44.220 Appeal to City Council 7.44.230 Procedure - Time Limitations 7.44.240 Action by City Council 7.44.250 Stay of Order 7.44.260 Display of Permit and Ordinance 7.44.270 General Regulations 7.44.280 Employees 7.44.290 Records of Employees 7.44.300 Records of Treatments 7.44.310 Communication Devices 7.44.320 Supervision 7.44.330 Hours 7.44.340 Inspection 7.44.350 Name of Business 7.44.360 Sale or Transfer 7.44.370 Applicability of Regulations to Existing Businesses 7.44.380 Penalty for Violations 7.44.010 Short Title. This chapter shall be known as the "Massage EstabliShment Permit Ordinance°" 7.44.020 Purpose. The purpose of this chapter is to require the issuance of a permit as a condition for the conduct of massage services and massage establishments in the City of Bakersfield and to set forth the standards for governing issuance of said permit, rules and regulations under which such permit Shall remain in force and providing punishment for operation of a massage establishment or rendering of massage services without a duly issued and valid permit. 7.44.030 Definitions. As used in this chapter, the words below are defined as follows: (a) "Person" shall mean any natural person, firm, partnership, corporation, or association. (b) "Massage" shall mean a method of treating the external e parts of the body for remedial or ~hygienic purposes, consisting of rubbing, stroking, kneading, or tapping with the hand or any instru- men t. (c) "Massage Establishment'~ shall mean an establishment having a fixed place of business where any person, association, firm, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or'carried on, any business of giving TurkiSh, Russian, Swedish, vapor, sweat, electric, salt, magnetic, or any other kind or character of baths, Where alcohol rub, fomenta- tion, baths, manipulation of the body or similar procedures are given. (d) "Massage Technician" shall mean any person, male or female, who administers to another person, for any form of considera- tion, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar pro- cedure. 7.44.040 Permit Required. It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the City of Bakersfield, the business of a massage establishment or to render, or permit to be rendered massage services at a location removed from a massage establishment within the City of Bakersfield without having first obtained and have a permit issued pursuant to the provisions 'hereinafter set forth. 7.44.050 Exceptions. The requirements of Section 7.44.040 et seq. Shall have no application and no effect upon and shall not be con- strued as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath 3. duly licensed to practice their respective professions in the State of California, nor shall the requirements of Section 7.44.040 et seq. apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Pro- fessions Code of the State of California or any other law of this state. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, Chiropractors, or osteopaths or not, may not give massages or massage procedures in connection wit'h licensed massage establishments. 7.44.060 Application. An application for a permit to operate a massage establishment or to perform massage services shall be filed with the Director of Finance and shall be in writing on forms pro- vided by the City, and shall be accompanied by payment of fee as provided for 'herein. 7.44.070 Application Contents. Any applicant for a permit shall submit the following information, under oath, in duplicate: 1. The full name and present address of applicant. 2.~ The two (2) previous addresses immediately prior to present address of applicant. 3~ Written statements of at least five (5) bona fide residents of the City of Bakersfield that the applicant is of good moral Character. 4. Written proof that the applicant is over the age of twenty-one (21) years. 5~ Applicant's height, weight, color of eyes and hair. 6. Two portrait photographs at least 2" x 2". 4. 7o Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. 8~. The massage or similar business license history of the applicant; Whether such person, in previously operating in this or another city or state under license, has 'had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. 9. Ail convictions except for minor traffic violations, and the reasons therefor. 10. A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been 'examined and found to be free of any contagious or communicable disease. 11. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning Which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less t~han two hundred (200) hours to be given in not less than three (3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution, of learning showing the successful completion of such course of study or learning. Schools offering correspondence course not requiring.actual attendance of class shall not be deemed a "recognized school." The City of Bakersfield shall have a right ~0 confirm t'he fact that the applicant has actually attended classes in a ~ecognized school for aforementioned minimum time periods. 5. 12. SuCh other identification and information necessary to discover the trut~h of the matters hereinbefore specified as required to 'be set forth in the application. 13. Nothing contained herein shall be construed to deny to the Police Department of the City of Bakersfield the right to take the fingerprints of the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, manager, employees, or other persons to be in charge of t'he premises, nor shall anything contained herein be con- strued to deny the right of said department to confirm the height and weight of the applicant. 7.44.080 Age Requirement. No such permit shall be issued to any person under twenty-one (21) years of age or to a partnership, association, or corporation, any officer or manager of which is under twenty-one (21) years of age. 7.44.090 Investigation. The Director of Finance shall refer all applications for a permit to the Police Chief, Fire Chief, Director of Planning, Building Director, and Healt'h Officer to ascertain if the issuance of such permit would be inimical to the public health, peace, property, safety, morals, and general welfare of the City of Bakersfield and its inhabitants. (a) The Police Chief shall investigate and shall ascertain whether or not the applicant and all persons directly or indirectly interested in t'he permit or proposed business as owner, partners, officers, manager, employees, or other persons to be in charge of the premises are reputed to be persons of good moral character. He shall also ascertain whether or not any such persons have been convicted of a felony or any crime involving fraud,_ embezzlement, or moral turpitude, or whether such person shall have had a license Or permit for ~ similar business or a liquor license suspended, cancelled, or revoked. The Police Chief shall make a report of his findings to the Director 6. of Finance together witch his recommendations, if any. (b) The Fire Chief, Director of Planning, B~ilding Director, and Health Officer within the jurisdiction and duties of their particular department, shall ascertain Whet'her or not the premises to be used are suitable, proper, and adequate, and comply with applicable laws, ordinances, and regulations concerning such premises, and the activities to be conducted t'hereon. The aforesaid investigating officers shall include in their respective reports any information they may have regarding the char- acter and reputation of the applicant, manager, employees, or other person to be in charge of the premises, or the person owning the business. If any of the said investigating officers should find, after investigation on his part as herein provided, that the premises do not comply with law, or such use of the premises would result in a violation of the law, he shall recommend that the application be denied and set forth the grounds and details for such recommendation. (c) The aforesaid investigation officers shall file with the Director of Finance their reports in writing, stating the extent of t~heir investigation, sources of information, particulars of ob- jections and their recommendations. 7.44.100 Facilities Necessary. No permit to conduct a massage establishment shall be issued unless an inspection by the City of Bakersfield reveals that the establishment complies with each of the following minimum requirements: -1. A recognizable and readable sign shall be posted at the main entrance identifying the establishment; provided, that all such signs shall comply with t'he sign requirements of the City of Bakersfield. 7. 2. Lighting Shall be provided which is not less than the minimum required by the Uniform Building Code, as amended, adopted by Chapter 13.16 of this Code. In addition, at least one artificial light of not less than 40 watts Shall be provided in each enclosed room or booth where massage services are being performed on a patron. 3. Ventilation shall be provided which is not less than the minimum required by the Uniform Building Code, as amended, adopted by Chapter 13.16 of this Code. 4. Adequate equipment for disinfecting and sterilizing instruments used in performing t~he acts of massage shall be provided. 5. Hot and cold running water shall be provided at all times. 6. Closed cabinets shall be provided Which cabinets Shall be utilized for the storage of clean linen. 7. In any establishment in Which massage services are rendered only to members of t'he same sex at any one time, such persons of the same sex may be placed in a single separat~ room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth While massage services are being performed. 8. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or Shower, one dressing room containing a separate locker for each patron to be served, Which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, t~hat if male and female patrons are to be served simultaneously at the establishment, sep- arate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for 8. female patrons. 9. All.walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary con- dition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. 10. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. 11. A minimum of one separate wash basin Shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and 'hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. 12. Proof of compliance with all applicable provisions of the Bakersfield Municipal Code shall be provided. 7.44.110 Time Within Which to Grant or Deny License. Within 45 days after the filing of an application for a license, the Director of Finance shall review the application, together with reports and the recommendations of the Police Chief, Fire Chief, Director of Planning, Building Director, and Health Officer, and shall grant said permit or shall notify the applicant that he proposes to deny the permit. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application. In event of denial the applicant may appeal to the City Manager in accordance with the provisions of Sections 7.44.160 to 7.44.180 of this Code. For the purpose of permitting the applicant to correct minor defects, on request of the applicant and his assurance t'hat 9. the matters objected to will be corrected, the Director of Finance may extend the time within which he is otherwise required to act on the permit application for a period not to exceed 30 days. 7.44.120 Application Fee. At the time of filing an application for a permit, or renewal thereof, the applicant shall pay a fee in accordance with the following: (a) For each initial permit the sum of one hundred dollars ($100), plus twenty-~five dollars ($25) for each person, other than an individual applicant, to be employed by the massage establishment. (b) For each renewal permit the sum of fifty dollars ($50), plus ten dollars ($10) for each person,'other than an individual applicant, to be employed by the massage establishment. 7.44.130 Business License. Nothing herein shall constitute a waiver of the requirements of Chapter 6.20 of this Code requiring issuance and possession of a business license. 7.44.140 Term of Permits; Renewals. Subject to revocation or suspension, the permit shall expire on that date set forth as the expiration date on the permittee's business tax certificate issued pursuant to Chapter 6.20 of this Code. The permit may be renewed annually upon application accompanied by the renewal fee. Applica- tions for renewal shall be subject to all provisions of this Chapter. 7.44.150 Permits Nontransferable. All permits issued hereunder are nontransferable; however, a change of location of a massage establishment may be permitted provided all ordinances and regu- lations of the City of Bakersfield are complied with and provided a change-of-location fee of fifty dollars ($50) is paid to the City of Bakersfield. 7.44.160 Summary Suspension of Permit. Any permit issued here- under may be summarily and temporarily suspended by the Police Chief 10. or the Director of Finance in event it is determined that the holder of such permit or any of his employees has violated or permitted to be violated any of the general regulations set forth in this chapter, or violated, or permitted on the premises the infraction of any law of the State of California. Such suspension shall be accomplished by posting a notice thereof on the premises. Within twenty four-hours thereafter, a copy of such notice together with the reasons for the suspension shall be transmitted to the City Manager. The City Manager shall, within ten days after the suspension, hear the matter pursuant to the procedures set fort'h in Sections 7.44.190 to 7.44.210 of this Code. 7.44.170 .Suspension or Revocation of Permit by City Manager. Any permit may be suspended for a period up to ninety days following notice of suspension, or revoked by the City Manager upon a determination that the holder of such permit has violated any of the general regulations set forth in this chapter or vio- lated or permitted on the premises the infraction of any law of the State of California. Prior to such suspension or revocation the City Manager shall have held a hearing pursuant to the pro- cedures set forth in Sections 7.44.190 to 7.44.210 of this Code. 7.44.180 Return of Permit; Closure of Premises. Upon revocation or suspensi~ the permit Shall be returned to the Director of Finance for cancellation or holding pending the period of suspension. The Director of Finance may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the Director of Finance in order to insure compliance with an order of suspension or revocation. Said closure of premises to the 11. public shall not exceed ninety days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement under oath t'hat the premises will not be used as a massage establishment during the remainder of the aforementioned ninety-day period. 7.44.190 Hearing Required - Time Limitations. The City Manager, or his delegate, shall cause a hearing to be held in event of t'he following: (a) Upon the appeal of an applicant from the decision of the Director of Finance to deny the granting of a permit or the renewal thereof. Said appeal must be filed within thirty days following the date of the Director of Finance's notice of denial. (b) Upon the summary suspension of a permit pursuant to Section 7.44.160 of t'his Code or upon a determination to initiate suspension or revocation pursuant to Section 7.44.170 of this Code. 7.44.200 Hearing Procedure. The City Manager shall fix the time and place of hearing to be held within fifteen days following the filing of an appeal or the notice of suspension or revocation. The applicant shall be given notice 0f such hearing date at least ten days prior to the hearing date. Said notice may be by personal service or by mail. At the time and place fixed in said notice or at any time to which the matter may be continued, the City Manager, or his dele- gate, shall hear the applicant and his witnesses together with any rebuttal evidence which may be offered on behalf of the City, and shall receive any proper documentary evidence offered in support of or against the granting or continuation of the permit.~- ~ - If, from t'he evidence introduced at said hearing, the City Manager finds grounds exist for denial, suspension or revocation of the permit as set forth in Section 7.44.21~ he shall deny the permit application or order the suspension or revocation thereof. 12. If, following the hearing, the City Manager determines that no proper grounds exist for denial of the permit, then the City Manager Shall grant the appeal and cause a license to be issued or terminate any prior suspension or revocation. The City Manager shall notify the applicant or permit holder of ~his decision within ten days following the close of the 'hearing. 7.44.210 Grounds for Denial, Suspension or Revocation of Permit. The City Manager shall deny, suspend, or revoke~a permit upon a finding that the applicant or permittee is not of good moral character or t'hat the premises and conduct of activities thereon is inimical to the public health, public peace, safety, morals, or general welfare. The City Manager may suspend or revoke any permit upon a finding that the permittee has violated any of the general regulations for the conduct of massage estab- lishments as set forth in this Chapter. 7.44.220 Appeal to City Council. An appeal may be taken to the City Council of the City of Bakersfield by any person aggrieved by an order of the City Manager concerning the denial, suspension, or revocation of a permit. Said right of appeal is subject to the conditions and procedures set forth in Sections 7.44.230 through 7.44.250, inclusive, of this Code. 7.44.230 Procedure - Time Limitations. An appeal to the City Council shall be made by filing a petition in triplicate with the City Clerk not later than ten days after the mailing of the decision of the City Manager. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition the City Clerk shall immediately f~rward a copy to the City Manager. (a) Upon receipt of the petition, the matter shall be set 13. for hearing. The hearing shall be held by the City Council not later than twenty days after the filing of the petition; but, if no regularly scheduled meeting will be held within such period, then the ~hearing shall be scheduled for the next regularly scheduled City Council meeting. (b) The appellant shall be given notice of a time and place for said hearing, in person or by mail, not less than ten days prior to the bmaring. 7.44.240 Action by City Council. In considering and ruling upon the appeal of the petitioner, the City Council Shall judge the merits of the appeal based upon those grounds set forth in Section 7.44.210. The City Council may reverse or affirm wholly or partly or may modify any decision, determination, or requirement of the City Manager' and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended, or revoked in accordance with their ruling. The decisions of the City Council shall be final. Any hearing may be continued from time to time. 7.44.250 Stay of Order. The.filing of an appeal to the City Council stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided in this chapter. 7.44.260 Display of Permit and Ordinance. Every person to whom or for Whom a permit shall have been granted shall display said permit and shall post and continually keep posted a copy of the ordinance adopting this chapter in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath or treatment is given. 14. 7.44.270 General Regulations. Except as hereinafter provided, no massage technician shall administer to any individual of the opposite sex, any massage, alcohol rub, or similar treatment, nor any fomentation, bath, or electric, or magnetic treatment nor shall any person cause or permit in or about his place of business, or in connection with his business, any agent, employee or servant, or any other person under his control or supervision, to administer any such treatment to any person of the opposite sex. The pro- hibition against administering to members of the opposite sex shall not apply when the massage service is given upon valid request of a physician, surgeon, osteopath or chiropractor who is duly licensed by the State of California. In order to be valid said requests must be in writing and signed by t'he requesting doctor and set forth his name and address and the name and address of the person to whom the services are to be rendered. Said requests shall be permanently maintained on file at the massage establishment and open to inspection by officials charged with enforcement of'this chapter. 7.44.280 Employees. It shall be the responsibility of. the holder of the permit for the massage establishment or the employer of any persons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this chapter. 7.44.290 Records of Employees. A person operating a massage establishment shall maintain a current file of all persons employed by him. This file shall contain true names and aliases used by such employee, age, birthdate, height, weight, color of hair and eyes, home address, phone numbers, social security number, and the date of employment and termination. Such person Shall make all records immediately available upon demand of any law enforcement officer. 15. 7.44.300 Records of Treatments. Every person operating a massage establishment under a permit as provided in 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 technician administering such treatmenT. Said record shall be open to inspection by officials charged with the enforcement of this Chapter for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Bakersfield shall constitute a misdemeanor and such officer or employee shall be subject to those penalties provided by law. Identical records shall be kept of treatments rendered off the business site; and, in addition, shall describe the address where the treatment was rendered. Said records shall be maintained for a period of two years. 7.44.310 Co~m~Lunication Devices. No person operating a massage establishment shall permit communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officers. 7.44.320 Supervision. The licensee or a manager approved in connection with issuance of a license under this Chapter shall be present on the licensed premises at all times when the establishment is in operation. 7.44.330 Hours. No person shall conduct Or operate a massage establishment between the hours of 10:00 p.m. and 7:00 a.m. of the following day. 7.44.340 Inspection. Any person operating a massage establish- ment shall during business hours be responsible for, and provide, that any premises used for the purposes of a massage establishment shall be readily accessible and open for inspection by law 16. enforcement officers or other employees of the City of Bakersfield who are charged with enforcement of health and safety or penal laws of the City of Bakersfield or the State. of California. The Department of Planning, Building, Fire and Health Departments shall, from time to time and at least twice each year, make an inspection of each massage establishment in the City of Bakersfield for the purpose of determining that the provisions of this Chapter are met. 7.44.350 Name of Business. No person licensed to do business as provided in this Chapter shall operate under any name or conduct his business under any designation not specified in his permit. 7.44.360 Sale or Transfer. Upon the sale or transfer of any interest in a massage establishment, the permit and license shall be null and void. A new application shall be made by any person desiring to own or operate the massage establishment. A new fee shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of Section 7.44.060 and Section 7.44.070 of this Code shall apply to any person applying for a massage establishment permit for premises previously used as such establishment. Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with Section 7.44.100 of this Code. 7.44.370 Applicability of Regulations to Existing Businesses. The purpose of this chapter as set forth in Section 7.44.020; the definitions of Section 7.44.030; the exceptions of Section 7.44.050; the minimum requirements for facilities set forth in Section 7.44.100; Section 7.44.150 through Section 7.44.360~iinclusive; and the section establishing the penalty for violations, Section 7.44.380, shall be 17. applicable to all persons and businesses described herein whether the herein-described activities were established before or after the effective date of this chapter; provided, however, that all persons who hold a valid permit under the chapter of the Municipal Code repealed hereby (Chapter 7.44), and who hold a valid business tax certificate, at the time of the effective date of this chapter, shall be deemed valid permittees under this chapter, and shall not be required to apply for a permit or renewal thereof under this chapter, so long as such permit remains valid and is not suspended or revoked. 7.44.380 Penalty for Violations. Any person, firm, or corpora- tion violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. SECTION 3. If any section, paragraph, sentence, or word of this ordinance be declared for any reason to be invalid, it is the intent of the Bakersfield City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 18. 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 the 23rd day of August, 1971, by the follow- ing vote: AYES: COUNCILMEN 8LEECKER, ~, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE NDES: COUNCILMEN:..~._,~ ~ ABSTAINING COUNCILMEN: MARIAN S. IRVIN CITY CLERK and Ex-Officio Clerk of the Council\ of the City of Bakersfield CITY CLERK'S ASSISTANT APPROVE/~is .2..3fd~y/~,/q~f August, 1971 Y~iOE-MAYOR off, he City of Baker~rfield / APPROVED: CITY ATTO~EY Affi an ! of ostmg r man es STATE OF CALIFORNIA, ss. County of Kern MARIAN S. IR¥IN, 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 .............. .A...u..gl.u._.s..t.....~.4.. ................................................. 19..7...1... she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........... .A...u~.u...s...~.....2...3. ................................ 19...7...1.., which ordinance was numbered ...........1...9..5...7. .................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 7.44 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 7.44 REGULATING THE CONDUCT OF MASSAGE SERVICES AND MASSAGE ESTABLISHMENTS AND REQUIRING THE ISSUANCE OF A PERMIT THEREFOR. MARIAN S. IRVIN City Cl~)~k City Clerk's Subscribed and sworn to before me this · TEWARTt NOTARY PUBLIC . CAUFO~N,~ /