HomeMy WebLinkAbout CONTENT LIST VICE MAYOR REFERRALS - PROPOSED ORDINANCES
1992
REFER92.1 BUDGET AND FINANCE 1-28-92
MOTION PICTURES
REFER92.2 BUDGET AND FINANCE 1-28-92
CLOSE-OUT SALES
~-/~-~ ~ REFER92.3 URBAN DEVELOPMENT 5-28-92
~~_~- UNDERGROUND STORAGE TANKS
REFER92.4 WATER RESOURCES 6-25-92
ASHE WATER SERVICE AREA
REFER92.5 URBAN DEVELOPMENT 9-1-92
UNIFORM FIRE CODE
REFER92.6 LEGISLATIVE AND LITIGATION 9-2-92
ADULT ENTERTAINMENT BUSINESSES
CITY COUNCIL REFERRAL -.
HEETING OF: 12/04/91
REFERRED TO: CITY MANAGER D HAWLEY
'ITEM- RECORD¢ 9522
Vice-Mayor's referrals, (Brunni)
ACTION TAKEN BY COUNCIL-
REQUEST FROM COUNCZLMEMBER BRUNNI THAT
VICE-MAYOR'S REFERRALS TO COUNCIL COMMITTE'ES BE
COPIED TO COUNCILMENBERS IN' A TIMELY FASHION,
BACKUP MATERIAL ATTACHED- NO
DATE FORWARDED BY CITY CLERK: 12/05/91
STATUS-
PLEASE ENTER THE STATUS INTO THE PRIME COMPUTER
COUNCIL REFERRAL TRACKING SYSTEM AS PROGRESS IS MADE,
BAKERSFIELD
MEMORANDUM
November 9, 1992
TO: ALAN TANDY, CITY MANAGER
FROM: M.A. DUNWOODY, ADMINISTRATIVE ANALYS~I~.
SUBJECT: DEFINITION OF A DOG KENNEL
There has been some confusion regarding the attached ordinance revision. The
· confusion lies in the fact that the definition for a dog kennel under Chapter 6,
"Animals", of the Bakersfield Municipal Code and the definition under Chapter 17,
"Zoning", are not consistent.
The Bakersfield SPCA had requested that section 6.04.010 be updated to reflect
the same AGE as section 17.04.365. Unfortunately, the ordinance revision that
was submitted for first reading on November 4th changed the wording for both the
number of dogs and the age limit.
Section 17.04.365 of the Bakersfield Municipal Code states that a dog kennel is
defined as "any premises, building or structure in or on which three ormore dogs
at least twelve weeks of age are harbored."
As it stands now, section 6.04.010 of the Bakersfield Municipal Code states that
a dog kennel is defined as "any lot, building, structure, enclosure, or premises
where more than three dogs over four months of ageare kept, boarded, or trained,
or where any dogs are kept for the purpose of breeding or sale, excepting
therefrom licensed veterinary hospitals."
For the second reading, the definition of a dog kennel under 6.04.0i0 should be
changed to read "any lot, building, Structure, enclosure, or premises' where
there are more than three dogs at least 12 weeks of age...".
Furthermore, the Zoning Ordinance should also be revised to read "more than three
dogs" instead of "three or more". Not only would this make the Zoning Ordinance
consistent with the Animal Ordinance, it would also be less restrictive. As has
been past practice, the definition of a kennel as it is defined under the Animal
Ordinace, Bakersfield Municpal Code 6.04.010, would be enforced.
CC:
Laura Marino
John Stinson
Jack Hardisty
MEMORANDUM
OCT,
October 5, 1992
CiTY MANAGER'S OFFICE
TO: VICE-MAYOR KEVIN McDERMOTT
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY~~
SUBJECT: AMENDING SECTION 6.04.010 AND ADDING SECTION 6.04.035 TO
THE BAKERSFIELDMUNICIPALCODERELATINGTOANIMALCONTROL
OFFICERS.
Please refer the following proposed ordinance to
whichever committee you deem appropriate:
AMENDING SECTION 6.04.010 AND ADDING SECTION 6.04.035 RELATING TO
ANIMAL CONTROL OFFICERS.
Background:
This ordinance sets forth the enforcement authority of
the animal control officers with regard to the provisions of
Title 6.
LCM/meg
ORD-REF\
SPCA.VM
Attachment
cc: Diana Knapp, SPCA
Melanie Dunwoody, City Manager's Office
DRAFT
" 10/2/92
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
6.04. 010 AND ADDING SECTION 6.04-. 035
TO THE BAKERSFIELD MUNICIPAL. CODE
RELATING TO ANIMAL CONTROL OFFICERS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 6.04.010 of the Bakersfield Municipal Code is
hereby amended to read as follows:
6.04.010 Definitions.
When used in this chapter, the following terms shall have
the meaning specified in this section unless a different meaning
clearly appears from the context:
A. "Animal control officer" means any officer employed
to enforce the provisions of this title by the organization which,
by contract with the city, is responsible for.the operation of a
public pound, the licensing of animals and the impounding of such
animals within the city. "Animal control officer" includes persons
employed only to enforce the licensing provisions of this title.
B. "Dog" includes both male and female .dogs,
irrespective of age.
C. "Dog kennel" means any lot, building, structure,
enclosure or premises where thre9 or more dogs over twelve weeks of
age are kept, boarded or trained, or where any dogs are kept.for
the purpose of breeding or sale, excepting therefrom, licensed
veterinary hospitals.
D. "Health officer, means the executive director of the
organization which, by contract with the city, has the
responsibility of an animal control officer in charge of a public
pound, the licensing of animals and the impounding of such animals
within the city.
E. "License collector" means the .person authorized by
the city to collect a license fee for owning and maintaining a dog
or dogs.
F. "Vicious dog" means only a dog which has been
previously determined to be vicious by the health officer pursuant
to the authority vested in him by the provisions of Section
6.04.110.
SECTION 2.
Section 6.04.035 is hereby added to the Bakersfield
Municipal Code to read as follows:
6.04.035 Duties of animal control officers.
It shall be the duty of the animal control officers of
the city to enforce the provisions of this title under the
direction of the health officer. Pursuant to the provisions of
California Penal Code section 836.5, any animal control officer
of the city may enforce the provisions of this title and may
arrest a person without a warrant whenever that officer or
employee has reasonable cause to believe that the person to be
arrested has committed an infraction or misdemeanor in his
presence which is a violation of any of the provisions of this
title. An animal control officer making an arrest under the
authority of this section Shall follow the citation-release
procedures prescribed in Chapter 5C, Title 3, Part 2 of the
California Penal Code (Sections 853.5, et seq.) or such procedure
hereafter enacted'by the State of California.
SECTION 3.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
o0o
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I ~¥ 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
SPCA.O-1
10/2/92
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mOM: ~~CE M. L~INI, CI~ A~~~
S~JECT= ~~ ~ ~ 5.50 OF ~ B~~ ~CIP~
CODE ~~NG ~ T~~S
Ploaso rorer the following proposed °rdinanc
to whichever co~itte'e you deem appropriate:
~~ ~ ~ 5.50".~T~G ~ T~~S. "
Backgro~: .~' .. -~ ..
~is ~en~ent Will' sorvo .to clarify the °rdinaco to make
it clearl7 unlawful for a t~ ~r~ver/limou~ine
continue to possess his or her ,.driver's pemit once
notified of a revocation or suspension by the Bakersfield
Police Deparment... ~ ':~.~'J . .~ '~': '~.'
"" The ~en~ent also now makes it Clear that .t~e '°rd~r of
suspension or revocae~on of ehe Chief of
'remain ~n full force and effect unlo~s and until
.', '~: upon and reversed or modified by the City,,,,Council ?"-
";~ . '- followin~ the 'appeal hearing. ' ~': .. ' ~ - '..:,
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'-CODE ~TINO ~ T~~S ..... -.
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Please refer the following proposed"ordinance ~en~ent
to whichever co~ittee you de~ appropriate: ..: '-
~~ ~ ~ 5 · 50 ~ATING ~' T~~S. ' '
- .~." . . . .- ~.. ,.-~.; ~'.'.. .. ~ .... . '' .....
Pursuant to council's directive, 'this ordinance Will..-..~ .
.provide a sixty (60) day review period for, council review
of proposed taxicab faros 'and rates, as woll as provid~n~ ~.~-~- ~ .
~":'for. ~ublic not~ce-of ~11 chan~e~ in~;'tho~e fare~ an~'~.~ -~'''
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_....'. ;:- -cc:'" Chief R. A. Patt(~ /d-~--~
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,' EMO RAN D UM
'"' '"' SEP 4 1992
September 24, 1992 CI~ MANAGER'S OFFICE
.TO: VICE-MAYOR KEVIN McDERMOTT
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY ~
SUBJECT: AMENDMENT TO CF~%PTER 5.06 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TOADULTENTERTAINMENTBUSINESSES
Please refer the following proposed ordinance amendment
to whichever committee you deem appropriate:
AMENDMENT TO CHAPTER 5.06 RELATING TO ADULT ENTERTAINWRNT
BUSINESSES.
Background:
The amendments as set forth in the attached ordinance and
briefly detailed below will resolve issues of concern to the
Federal District Court in the action entitled Deja Vu, et al.
vs. City of Bakersfield. Adoption of the amendments will also
result in a complete dismissal of that lawsuit.
1. Current section 5.06.040 requires all employees of
an adult entertainment establishment to obtain a permit. This
section has been modified to require only the owners and
managerial personnel to obtain a permit. If the business
permit-holder (owner) will be on the premises at all times
while the establishment is open to the public, then it is not
necessary for the manager to obtain a permit.
2. Present section 5.06.060 restricts owners and
employees of adult entertainment businesses to persons 21
years of age or older. The amended ordinance lowers this
restriction to persons of 18 years of age or older', as set
forth in prior chapter 5.06.
3. Present sections 5.06.030 and 5.06.040 mandate an
automatic denial of a permit application if the requisite
findings cannot be made by the city manager within three days
(business permit) or fifteen days (employee permit). These
amended sections will require granting the business or
managerial permit within these time frames if the city manager
is unable to complete the permit process/background check
within those periods of time.
Memorandum to Vice-Mayor
Re: Amendment of Adult Entertainment Ordinance
September 24, 1992
4. Present section 5.06.060 requires the owner of an
adult entertainment business to advise the police department
upon the termination/resignation of an employee 'so that
his/her employee permit may be revoked. This requirement is
now deleted, as employee permits will not be required.
5. Present section 5.06.060 forbids operation of adult
entertainment businesses between the hours of 2:00 a.m. to
6:00 a.m. This amended section will remain in effect for the
same time periods Monday through Friday. However, Saturday
and Sunday hours will be extended to 4:00 a.m., with closure
mandated from 4:00 a.m. to 6:00 a.m.
6. Section 5.06.080 is amended to require revocation of
an adult entertainment business permit whenever material
misrepresentations have been included on the application for
the permit and deletes revocation authority for violation of
this ordinance or violation of local state or federal law. As
the business permit has been judicially determined to be a
prior restraint on the exercise of constitutionally protected
speech, revocation of the permit for violation of the
ordinance or any other applicable law is not permitted.
7. I wish to emphasize that the regulations prohibiting
private booths, mandating a six-foot separation between nude
entertainers and patrons, and the prohibition against any
persons under the age of 18 years of age being on the premises
of an adult entertainment business will remain in full force
and effect under the amended ordinance.
MGA:9~
ORD~qANCES\ADULTENT.VM
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5.06
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ADULT ENTERTAINMENT
BUSINESSES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 5.06 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 5.06
ADULT ENTERTAINMENT' BUSINESSES
Sections:
5.06.010 Definitions.
5.06.020 Permits required.
5.06.030 Business permit application - Issuance - Fee.
5.06.040 Managerial permit application - Issuance - Fee.
5.06.050 Renewal.
5.06.060 Regulations.
5.06.070 Abatement.
5.06.080 Revocation.
5.06.090 Appeal.
5.06.010 Definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, the words set forth in this
Section shall have the following meanings:
A. "Adult entertainment business" means any adult
bookstore, adult motion picture theater, adult motion picture or
video arcade, or adult live entertainment theater.
B. "Adult bookstore" means any business selling or
renting books, magazines, periodicals or other printed matter,
photographs, films, motion pictures, slides, tapes, video
cassettes, records or any other form of visual or audio
representation twenty-five percent or more of the stock-in-trade on
display being characterized by an emphasis upon the depiction of
harmful matter.
C. "Adult motion picture theater" means any business
with the capacity of five or more persons where, for any form of
consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions in which the predominant
character and theme is the depiction of harmful matter are shown on
any ten or more days in any thirty consecutive day period.
D. "Adult motion picture or video arcade" means any
business wherein coin or token-operated, or electronically,
electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are
maintained to show images to four or fewer persons per machine, at
any one time, and where the predominant character or theme of the
images so displayed is depiction of harmful matter.
E. "Adult live entertainment theater" means any
business with the capacity of five or more persons where, for any
form of consideration, live adult entertainment takes place on any
ten or more days in any thirty consecutive day period.
F. "Harmful matter" shall have the same meaning and the
same definition as that word is defined in Chapter 7.6 of Title 9
of Part 1 of the California Penal Code.
G. "Live adult entertainment" means any physical human
body activity, whether performed or engaged in alone or with other
persons, including but not limited to singing, walking, speaking,
dancing, acting, posing, simulating, wrestling or pantomiming, in
which the performer or performers expose to public view without
opaque covering the genitals, vulva, pubis, pubic hair, natal
cleft, buttocks, perineum, anus or anal region; or in which any
female performer exposes to public view without opaque covering any
portion of the breast at or below the upper edge of the areola
thereof.
H. "Operate" means to own, lease (as lessor or lessee),
rent (as landlord, tenant or agent for the purpose of representing
a principal in the management, rental or operation of the property
of such principal), manage, operate, conduct, direct, or be
employed in an adult entertainment business.
I. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
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5.06.020 Permits re~uire~.
A. No person shall own or operate an adult
entertainment business in the city in violation of this chapter or
without having first procured and maintained a valid business
permit from the city manager or his designee. Only one permit per
establishment need be obtained pursuant to this Subsection.
B. Managerial permits are not required except to the
extent that the business permit-holder desires various individuals
to be licensed as manager.
5.06.030 Business ~ermit application - Issuance - Fee.
A. Applications for business permits under this Section
shall be made on forms to be furnished by the city manager or his
designee, shall be signed under penalty of perjury by the applicant
and shall require the following information:
1. The full true name, current mailing address,
title, current telephone number, date of birth, sex, driver's
license number, and social security number of the applicant and of
all persons who will manage the business and all persons having a
financial interest in the business, (except shareholders of a
corporation);
2. The name, mailing address and location of the
business;
3. The business tax certificate number of the
business; and
4. Prior permits held, the dates held, whether
such permits were ever revoked or suspended and the reasons
therefor.
B. The city manager or his designee shall issue a
permit within fifteen days of receipt of the application if he
finds:
1. That the application is complete and truthful;
2. The business for which the applicationis made,
and the building in which such business is to be conducted, conform
to all federal, state and local laws, including, but not limited to
building codes and zoning ordinances, and be accessible for.
'inspection by city fire, police and building officials;
3. That a valid business tax certificate has been
issued for this business;
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4. That the applicant is eighteen years of age or
older; and
5. That the applicant has not had a permit, issued
under this Section, revoked in the past three years, unless the
city manager finds that the reasons for such revocation are
unrelated to this application. For the purposes of this
Subsection, "applicant" includes all persons designated in
Subsection (A)(1) of this Section.
C. If the city manager or his designee determine that
the applicant has failed to meet any of the criteria of subsection
B, above, he shall notify the applicant of the decision to deny the
permit. Notice of such decision shall be sent in writing to the
applicant at the mailing address set forth in the application,
within fifteen days of submittal of the application. Failure to so
notify the applicant within the allotted time or failure to make
the findings set forth in subsection B above within the allotted
time shall be deemed a grant of the permit.
D. The applicant shall pay a nonrefundable fee not to
exceed the cost of processing any such application and inspecting
the business as set forth in Section 3.70.040.
5.06.040 Managerial Dermit application - Issuance - Fee.
A. Applications for managerial permits under this
section shall be made on forms to be furnished by the city manager
or his designee, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The full true name, current mailing address,
title, current telephone number, date of birth, sex, driver's
license number and social security number of the applicant;
2. The name, mailing address and location of the
business;
3. The business tax certificate number of the
business; and
4. Prior managerial permits held, the dates held,
and whether such permits were ever revoked or suspended and the
reasons therefor.
B. The city manager or his .designee shall issue a
permit within three days of receipt of the application if he finds:
1. That the application is complete and truthful;
2. That the applicant is eighteen years of age or
older; and
3. That the applicant has not had a managerial
permit, issued under this Section, revoked in the past three years,
unless the city manager finds that the reasons for such revocation
are unrelated to this application.
C. If the city manager or his designee determine that
the applicant has failed to meet any of the criteria of subsection
B, above, he shall notify the applicant of the decision to deny the
permit within three days. Notice of such decision shall be sent in
writing to the applicant at the mailing address' set forth in the
application, within three days of submittal of the application.
Failure to so notify the applicant within the allotted time or
failure to make the findings set forth in subsection B, above,
within the allotted time, shall be deemed a grant of the permit.
D. The applicant shall pay a nonrefundable fee not to
exceed the cost of processing any such application as set forth in
Section 3.70.040.
E. At time of application, all applicants for a permit
pursuant to this Section shall submit two passport-size photographs
taken within~one month of application.
5.06.050 Permit renewal.
A. Ail permits issued under this chapter shall remain
in effect until December 31 of the calendar year of issue, unless
earlier revoked.
B. Valid business permits which have neither expired
nor been revoked shall be renewed by the city manager or his
designee upon payment of the fees set forth in Subsection D of
Section 5.06.030.
C. Valid managerial employee permits which have neither
expired nor been revoked shall be renewed by the city manager or
his designee upon payment of the fees set forth in Subsection D of
Section 5.06.040.
D. Renewal by the city manager or his designee shall
not constitute an admission by the city that the permitted business
or managerial employee is in compliance with state or local law at
time of renewal.
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5.06.060 Regulations.
A. No adult entertainment business shall be operated
unless one of the following persons is present on the premises
whenever such establishment is open for business:
1. The business permit-holder;
2. If the business permit-holder is a corporation,
any of the corporation officers; or
3. If no person from Category 1 or 2, above, is
present, then a person who possesses a valid manager's permit as
issued by the City of Bakersfield.
B. No permit-holder shall operate, or allow to be
operated, any adult entertainment business having any partially or
fully enclosed booth or partially or fully concealed booth. No
exterior door to any adult entertainment business shall be locked
or barred during hours when such business is open to the public,
including booths. All booths open to the public shall be visible
from the primary entrance to the hallway or room in which the
booths are located.
C. No person shall enter, be, or remain in any part of
an adult entertainment business while in the possession of,
consuming, using, or under the influence of any alcoholic beverage,
or any drug; and no permit-holder who, with knowledge that a person
is in the possession of, consuming, using or under the influence of
any alcoholic beverage or any drug, or who fails to exercise
reasonable care in ascertaining that a person is in the possession
of,. consuming, using or under the influence of any alcoholic
beverage or any drug, shall permit such person to enter, be, or
remain on the premises.
D. No adult entertainment business shall operate, and
no permit-holder shall permit such business to operate, at any time
unless there is displayed in a location clearly visible to the
public a valid business permit to so operate.
E. Any business or managerial employee 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.
F. No business or managerial employee permit shall be
issued for, or used in more than one adult entertainment business.
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G. No harmful matter shall be displayed so as to be
visible from any street, sidewalk, parking area or other area
outside the premises.
H. No person under the age of eighteen years shall
enter, be, or remain in any part of an adult entertainment
business; and no permit-holder who, with knowledge that a person is
a minor, or who fails to exercise reasonable care in ascertaining
the true age of a minor, shall permit such person to enter, be, or
remain on the premises of an adult entertainment business.
I. No adult entertainment business shall be operated in
violation of Chapter 9.12 of the Bakersfield Municipal Code.
J. Anyone performing live adult entertainment shall
remain no less than six (6) feet away from patrons, customers or
members of the audience of the business.
K. No permit-holder shall permit any physical contact
between a performer of live adult entertainment and any patron,
customer or member of the audience of the adult entertainment
business.
L. No adult entertainment business shall be conducted
or carried on between the hours of 2:00 a.m. and 6:00 a.m. Monday
through Friday. No adult entertainment business shall be conducted
or'carried on between the hours of 4:00 a.m. and 6:00 a.m. on
Saturday and Sunday.
5.06.070 Abatement.
Any adult entertainment business operated contrary to
the provisions of this chapter or local, state or federal law, is
unlawful and a public nuisance. The city attorney may, in addition
to, or in lieu of, prosecuting a criminal action under this chapter
and section 1.40.010, or revoke the permit to operate, commence an
action or actions, proceeding or proceedings for the abatement,
removal and enjoinment thereof in the manner provided by law, and~
shall take such other steps and shall apply to such other court or
courts as may have jurisdiction to grant such relief as will abate
or remove such adult entertainment business and restrain and enjoin
any person from operating, conducting, or maintaining an adult
entertainment business contrary to the provisions of this
chapter.
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5.06.080 Revocation.
Any permit issued pursuant to this chapter shall be
revoked by the city manager or his designee whenever he finds that
material misrepresentations were made on the application. The
revocation shall take effect, absent an appeal, ten (10) days from
the date the notice of revocation is deposited in the United States
mail, addressed to the permittee, at the address provided on the
application.
5.06.090 ADDeal.
A. Should the applicant be dissatisfied with the
decision of the city manager or his designee to deny or to revoke
a permit, then said applicant may, no later than ten (10) 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 (3) weeks following the filing of the objection
with the city clerk. The applicant shall be given written notice
no less than three (3) 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.
B. Pending the ruling of the council following the
appeal hearing, and for ten (10) days after notice has been
provided to the permit holder of the council's decision, any
revoked permit shall remain in full force and effect.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.... o0o
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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 , 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
MGA: gp
0RDINANCE~ADULTENT
09/10/92
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