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,~ /