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HomeMy WebLinkAbout01/25/1991 BAKERSFIELD Kevin McDermott, Chair Patricia DeMond Ken Peterson Staff: 'John Stinson AGENDA BUDGET AND FINANCE COMMITTEE Friday, january 25, 1991 12:00 Noon City Manager's Conference Room 1. MASSAGE ORDINANCE 2. REFUSE CONTRACT 3. BUSINESS LICENSES 4. ~a. COMPREHENSIVE ANNUAL FINANCIAL REPORT b. CDDA COMPONENT UNIT FINANCIAL REPORT ORDINANCE NO. AN ORDINANCE OF T~ COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION A OF' SECTION 5 . 32 . 020 , SECTION 5.32 . 030 , SECTION 5 . 32. 040 AND SUBSECTION A OF SECTION 5 . 32.060 OF THE BAKERSFIR~.~' MUNICIPAL CODE RELATING .TO MASSAGE ESTABLISHMEB~S. BE IT ORDAINED by the Council of the City of Bakers- field as follows: SECTION 1. 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. Each massage technician must hold a valid permit. B. Subsection A of this section shall not apply'to establishments wherein the only persons performing massage are the following: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths'or cosmetologists licensed in their respective professions by the State of California pursuant to the' Code of Business and Professions; 2.. Massage technicians holding valid diplomas or 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, performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the' State of California pursuant to the code of Business and Professions. C. Subsection. A of.this Section shall not apply to the following persons: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths and cosmetologists, all of whom must be licensed 'in their respective professions issued by the State of California pursuant to the Code of Business and Professions. 2. Massage technicians holding valid diplomas or 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, performing under the direction of, and in the presence of, a · physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the code of Business and Professions. 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 may perform massage on residents therein. SECTION 2. Section 5.32.030 of the Bakersfield Municipal Code is hereby amended as follows: 5.32.030 Application - Issuance - Fee. A. Applications'for 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 of 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 gra~ted 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 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. - 3 - 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 is hereby amended, to read as ~follows: 5.32.040 Regulations. 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 %he 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 employed as a massage technician shall have first obtained a valid permit pursuant-to this'chapter. - 4 - 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 employmen~ and termination. J. Every person holding a permit pursuant to this chapter shall keep a record of the date and hour of each ~reatment, 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 employees of the city who are charged with enforcement of heaith and safety or other law~ 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 or 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. Massage shall be performed only at a massage establishment for which a permit has been issued and is valid. - 5 - SECTION '4. Subsection A of Section 5.32.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.060 Appeal. 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. SECTION 5. 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 }~Y CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City'of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ MASSAGE2.ORD 1/24/91 - 7 - MEMORANDUM Kevin McDermott, Chair Patricia DeMond Ken Peterson Staff: John Stinson PLANNED MEETING DATES - BUDGET AND FINANCE COMMITTEE Friday, May 24, 1991 Wednesday, May 29, 1991 Monday, June 3, 1991 Monday, June 10, 1991 12:00 noon City Manager's Conference Room AGENDA 1. THE 1991-92 PROPOSED BUDGET