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HomeMy WebLinkAbout06/18/1998 BAKERSFIELD Ala Manager / Jacquie Sullivan, Chair Staff.~'Trudy Slater / Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, June 18, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:15 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2. APPROVAL OF April 16, 1998 MEETING MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None APPROVED AS SUBI~Ki) AUGUST 20, 1998 Agenda Summary Report Legislative and Litigation Committee June 18, 1998 Page -2- 5. DEFERRED BUSINESS A. MASSAGE PARLOR ORDINANCE Lt. Melvin Scott, Bakersfield Police Department, touched briefly on background information relating to the Police Department's June 8, 1998 memo regarding its opposition to changing the current massage parlor ordinance to allow out-call massage. The department conducted a survey of other cities and found, as it is a new area, there is not enough data to quantify pros and cons. Mobile massage would make it very hard to regulate client appointment dates, times, and locations. The existing ordinance allows on-site inspections, which is an issue of concern with out-call massage. Councilmember Carson indicated her concern was to draft an ordinance that would be stringent enough to allow open-view mobile neck massage only in businesses with more than one person only during business hours, not at a home or at a party, licensed and allowed on a case by case basis as in Fresno, after undergoing stringent investigation. She further indicated that to her this was an issue of fairness in employment to people who perform neck massage and also the right for a person to have a legitimate business that can be monitored. In response to a question from Councilmember Carson, Chief Assistant City Attorney Bob Sherry responded that the City can regulate this type of business without running afoul of equal protection issues. Councilmember Sullivan stated that although she fully supports business promotion and free enterprise, she felt the City's ordinance should remain strong with definitive guidelines. She strongly supports the Police Department's stand on the issue. Councilmember DeMond indicated that of concern was the mobility "floating" issue. She indicated she would not support an ordinance change on a case by case basis. It has taken time for professional massage to develop within the City, and she was concerned that nothing disrupt the base industry and the good provisions the City now has. She further stated that as neck massage grows, other survey guidelines may develop, as well as a comfort level that currently does not exist. Agenda Summary Report Legislative and Litigation Committee June 18,1998 Page-3- Councilmember Carson suggested monitoring controls could be developed regarding open view, business operation, and call logging. Christi Doll stated she had received the meeting notice and that she wanted an out- call license in order to do chair massage in businesses to fully clothed individuals in public view. Harry Angell, friend of Ms. Doll, asked a number of questions regarding a handout he had provided the Committee on adult entertainers and stated his feelings on the subject. Steven Doll, son of Christi Doll, had questions on various regulations. Councilmember DeMond made a motion to deny the request that the Committee review and change the City's massage ordinance to allow out-call massage at this time. Councilmember Sullivan seconded. Councilmember Carson opposed the motion. Staff will draft committee majority and minority reports. 6. NEW BUSINESS None 7. ADJOURNMENT The meeting adjourned at 4:55 p.m. :1 :i ~ Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob ! Sherfy; Deputy City Attorney Virginia Gennaro; Police Lieutenant ,I ~ Melvin Scott ~ Other Attendees: Christi Doll; Steven Doll; Harry Angell; Drew Sugars, Channel 17; Lisa Friedman, Bakersfield Californian (P:\L&L\L980618.MIN)