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HomeMy WebLinkAbout02/19/1998 BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, February 19, 1998 4:00 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF DECEMBER 11, 1997 MEETING MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. MASSAGE PARLOR ORDINANCE 6. NEW BUSINESS A. CLEAN UP LEGISLATION ORDINANCES 1) Chapter 5.22 - Entertainment Near Schools 2) Chapter 5.23 - Escort Bureaus 3) Chapter 5.26 - Hotels and Lodginghouses 4) Chapter 5.34 - Messenger Services 5) Chapter 5.44 - Public Dances and Dancehalls 6) Transient Photographers B. LEGISLATIVE PLATFORM 7.ADJOURNMENT · FILE COPY DRAFT BAKERSFIELD Alan Tandy, City Manager Jacquie Sullivan, Chair Staff: Trudy Slater Irma Camon Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, December 11, 1997 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:18 p.m. Present: Councilmembers Jacquie Sullivan, Chair; Irma Carson; and Patricia DeMond 2.APPROVAL OF OCTOBER 2, 1997 SPECIAL MEETING MINUTES Approved as submitted. 3.PRESENTATIONS None 4.PUBLIC STATEMENTS Cristi Doll spoke requesting a change to the City's massage parlor ordinance. 5. DEFERRED BUSINESS A. GUIDELINES FOR VICIOUS AND DANGEROUS ANIMALS ADMINISTRATIVE REVIEW BOARD APPOINTMENTS The Committee reviewed the issue before the Legislative and Litigation Committee regarding appointment guidelines for the Vicious and Dangerous Animals (VDA) Administrative Review Board. Administrative Analyst Trudy Slater reiterated the temporary board's recommendations to the Committee. After consideration, the DRAFT Agenda Summary Report Legislative and Litigation Committee December 11, 1997 Page -2- Committee decided to forward to Council for approval the following changes to existing Bakersfield Municipal Code Section 6.04.100 relating to vicious or dangerous animals: board members serve two-year staggered terms; board members serve at the pleasure of the Council; it is to be clearly stated in the Code section that the decisions of the VDA board relating to vicious or dangerous animal order appeals are final; and applications for the Board are to be open as is generally the policy for other boards or commissions of the City Council. Staffwas directed to prepare recommendations for the January 14 meeting. City Attorney Judy Skousen indicated advertising for positions on the Board could begin after the first reading, with possible appointment of the board in March. 6. NEW BUSINESS A. DISCUSSION ON MASSAGE PARLOR ORDINANCE Ms. Christi Doll, a licensed massage technician, very strongly urged the Committee to change the City's existing ordinance relating to massage establishments to allow the use of mobile chair neck massage in the City. Ms. Doll explained that other Kern County cities allow her to take her portable massage chair to businesses to provide neck massages in the business environment. Her clients remain fully clothed during the 15-minute procedure and the short, on-site neck massages allow employees to take advantage of break times to relieve built-up stress. She indicated that she had provided chair massages for the Cities of Shafter, Wasco, and Delano. The City of Wasco allows her to work under a mobile business classification. She feels there is a real need for such services within Bakersfield. Councilmember Irma Carson expressed her concem that the City could be denying legitimate business through the existing ordinance. She asked that the Police Department look at the ordinance to see if there were alternatives which might work. Councilmember Patricia DeMond mentioned how much effort went into drafting the City's current workable massage ordinance. She is aware of the need in the community for certified massage services. Councilmember Jacquie Sullivan expressed concerns over creating loopholes which would negate the positive steps made with the current massage ordinance. Assistant Police Chief Bill Horton indicated City permits were site specific. Both he and Lt. Melvin Scott voiced strong concerns over opening the City up to mobile massage. Concerns included the use of private offices and residences which could open up additional avenues for prostitution and the difficulties in policing mobile massage activities.. ORAFT Legislative and Litigation Committee December 11, 1997 Page -3- City Attorney Judy Skousen indicated the current ordinance requires permits for the massage technician as well as the site. Committee members discussed the feasibility of having businesses apply for massage sites and hiring personnel to do massage at their places of business; reluctance to open mobile massage to private residences; whether an individual could be licensed at several sites; and difficulties in determining which businesses would or would not be allowed permits for on-site mobile massage. The Committee . directed Police Department staff to conduct a survey of comparable size cities to determine how they deal with neck/chair massage and problems or issues they have faced and to report their findings to Committee chair Jacquie Sullivan. B. SET CALENDAR FOR 1998 The Committee approved setting regularly scheduled meetings during 1998 on the third Thursday of the month at 4:00 p.m. in the City Manager's Conference Room. 7. ADJOURNMENT The meeting adjourned at 5:25 p.m. Staff Attendees: Administrative Analyst Trudy Slater; City Attorney Judy Skousen; Assistant Police Chief Bill Horton, Police Lieutenant Melvin Scott Other Attendees: Cristi Doll, Harry Angel cc: Honorable Mayor and City Council TTS:jp (S:~TTS ADMINISTRATIVE REPORT I MEETING DATE: January 28, 1998 AGENDA SECTION: Consent ITEM: TO: Honorable Mayor and City Councilmembers ~ FROM: Judy K. Skousen, City Attorney DEPARTMENT HEAD DATE: January 22, 1998 CITY ATTORNEY CITY MANAGER SUBJECT:- Clean-up legislation - six ordinances amending the Bakersfield Municipal Code: Chapter 5.22 - Entertainment Near Schools; Chapter 5.23 - Escort Bureaus; Chapter 5.26 - Hotels and Lodginghouses; Chapter 5.34 - Messenger Services; Chapter 5.44 - Public Dances and Dancehalls; Chapter 5.54 - Transient Photographers. RECOMMENDATION: Staff recommends referral to Legislative and Litigation Committee. BACKGROUND: From time to time, staff finds provisions in the Bakersfield Municipal Code which are inconsistent with State or Federal law or inconsistent with the actual practices of the City, or simply need to be streamlined or updated. The City Attorney's Office has instituted a new procedure wherein we will bring a batch of these simple clean-up ordinances to City Council for adoption. 1) The Entertainment Near Schools ordinance, Chapter 5.22, is proposed to be repealed because it duplicates many of the provisions of the Adult Entertainment Business Zoning ordinance (Chapter 17.69) and the intent of the Adult Business ordinance (Chapter 5.04), and is also vague and would be unlikely to withstand challenge as written. Generally, it requires any "public place" having music, dancing or entertainment of any kind within 500 feet of a school to obtain a discretionary permit from the City. It does not, however, contain any regulations for the business, as does Chapter 5.04 (Adult Businesses). No Entertainment Near Schools permits have been issued in staff's memory. 2) The current Escort Bureaus ordinance, Chapter 5.23, has 39 sections. These have been condensed into 6 sections with numerous subsections, following the format set for all business permit ordinances. The only substantive changes are as follows: A. The minimum age for a permit holder has been changed from 21 to 18. B. Renewal of permits is no longer required. C. Permit holders no longer have to live within ten miles of the city limits. January 22, 1998, 11:00AM ADMINISTRATIVE REPORT Page 2 3) The Hotels and Lodginghouses ordinance, Chapter 5.26, is being amended to conform to the current business permit format. The only substantive changes are as follows: A. The new ordinance prohibits any room from being rented more than once in any twenty-four hour period. B. The new ordinance prohibits rental to a person who intends to use the room for purposes of prostitution or sale of illegal drugs. 4) Generally, Title 5 business permits are required because the City determines that there is a need to establish regulations concerning the conduct of the specific business. The Messenger Services ordinance, Chapter 5.34 is proposed to be repealed because it contains no regulations regarding the conduct of the businesses. There have been no permits issued for messenger services in staff's memory. 5) The Public Dances and Dancehalls ordinance, Chapter 5.44, is being amended to conform to the current condensed business permit format. The only substantive changes are as follows: A. Renewal of permits is no longer required. Bo No public dance may be held in an establishment for which a license from the Alcoholic Beverage Control Board has been issued. Cabaret permits are required in such establishments. 6) The Transient Photographers ordinance, Chapter 5.54, is proposed to be repealed because it contains no regulations regarding the conduct of the businesses. Moreover, case law prohibits the placing of additional burdens on transient photographers. No permits are currently outstanding. LCM~sb JA28CA. NB S:\COUNCIL~ADMIN. RP'~CLEANUP7.ORD.wpci January 22, 1998, 11:00AM ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 5.22 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ENTERTAINMENT NEAR SCHOOLS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.22 of the Bakersfield Municipal Code, relating to Entertainment Near Schools, is hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 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: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGiO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By:, LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~COUNClL~3RD~ent-schl.rpl.wpd - 2 - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.23 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ESCORTS AND ESCORT BUREAUS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.23 of the Bakersfield Municipal Code is hereby amended to read as follows: ESCORTS AND ESCORT BUREAUS Sections: 5.23.010 Definitions. 5.23.020 Permit required. 5.23.030 Application - Issuance - Fee. 5.23.040 Regulations. 5.23.050 Revocation. 5.23.060 Appeal. 5.23.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Employee" means any person employed by an escort bureau or who acts as an agent on behalf of an escort bureau by contacting or meeting escort patrons, regardless of whether or not said person is employed by the escort bureau and regardless of the manner in which he or she is compensated. B. "Escort" means any person who, for a fee, salary, reward or profit accompanies, or makes himself or herself available to accompany, any other person for companionship. C. "Escort bureau" means any person who, for a fee, salary, commission, reward or profit furnishes, arranges, or offers to furnish or arrange for a person to accompany any other person for companionship. DJ "Manager" means a person designated as such by the escort bureau and who has primary control over and responsibility for the actual operation of the escort bureau. E. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.23.020 Permit required. It is unlawful for any person to keep, maintain, or operate an escort bureau, be an employee of an escort bureau, or act as an escort in the city in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. 5.23.030 Application - Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty 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, title, telephone number, previously used names, previous addresses for the past five years, employment history for the past five years, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the applicant and, if the application is for an escort bureau permit, of all persons with any financial interest in the business; and 2. The name, mailing address and location of the business; 3. The business tax certificate number of the business; 4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor. B. All applicants for a permit pursuant to this chapter shall be required to be fingerprinted by the Bakersfield police department. C. The city manager or his designee shall, in his or her discretion, issue a permit if he or she finds that: 1. The application is complete and truthful; 2. The applicant has not been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, including, but not limited to, theft, robbery, embezzlement, fraud, possession and/or sale of controlled substances, prostitution, pandering, gambling and extortion, unless a certificate of rehabilitation has been obtained; 3. Neither the applicant nor any person having a financial interest in 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. A valid business tax certificate has been issued for this business; 6. The applicant is eighteen years of age or older; 7. A permit, issued to the applicant pursuant to this section, has not been revoked, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application. -- Page 2 of 5 Pages -- D. All permits issued under this chapter shall remain in effect until suspended or revoked. 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 Chapter 3.70. F. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 5.23.040 Regulations. A. All permits issued pursuant to this chapter shall be non-transferrable, applicable only to the original applicant and the original location. B. No escort bureau shall be open for business or conduct any business activity between the hours of eight p.m. and seven a.m. of the following morning, nor shall any person act as an escort between the hours of eleven p.m. and six a.m. of the following morning. C. 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. D. No person shall sell or serve food or beverage or conduct any business other than that of an escort bureau on the premises of the escort bureau. E. No escort or escort bureau shall employ, pay any salary or commission to, or allow any ownership interest or powers of control to exist on behalf of any person who does not have a valid permit pursuant to the provisions of this chapter. F. Each escort bureau shall have on its premises a current list of all owners, investors, officers, partners, escorts and employees. G. Each escort bureau shall keep a complete record of all services rendered, including the date and hours the services were rendered, the name of all escorts and employees involved in providing the service, the name of the manager on duty and the name, address and telephone number of the patron. H. All records kept pursuant to this chapter shall be open to inspection by the city manager or his designee, the Bakersfield police department and other law enforcement agencies. The records shall be maintained for a period of no less than three years. I. No escort bureau 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. J. No person shall act as an escort or as an employee for any escort bureau unless that person has within his or her immediate possession a valid permit to act as an escort or employee of that particular escort bureau, issued pursuant to the provisions of this chapter. Page 3 of 5 Pages -- 5.23.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds: A. That misrepresentations were made on the application; or B. That the permittee has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which the permit is issued, including, but not limited to, theft, robbery, embezzlement, fraud, possession and/or sale of controlled substances, prostitution, pandering, gambling and extortion, unless he a certificate of rehabilitation has been obtained; or C. That the permittee has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.23.060 Appeal. A. Should any applicant or permittee be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then said applicant or permittee 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 or permittee 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 or designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... O00 .......... -- Page 4 of 5 Pages -- 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: ' AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED ASTO FORM: JUDY K. SKOUSEN ClTY ATTORNEY By: LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~COUNClL~ORD~SCORT.BUR Page 5 of 5 Pages -- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.26 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOTELS AND LODGINGHOUSES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.26 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.26 HOTELS AND LODGINGHOUSES Sections: 5.26.010 Definitions. 5.26.020 Permit required. 5.26.030 Application -- Issuance -- Fee. 5.26.040 Regulations. 5.26.050 Revocation. 5.26.060 Appeal. 5.26.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Hotel" means any public or private hotel, inn, hostelry, bed and breakfast, house, motel, roominghouse or other lodging place within the city offering lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient as defined in subsection B. of this section. B. "Transient" means any person who, for any period of not more than thirty consecutive days, either at his or her own expense or at the expense of another, obtains lodging or the use of any lodging space in any hotel as defined in subsection A. of this section, for which lodging or use of lodging space a charge is made. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. -- Page 1 of 5 Pages -- 5,26,020 Permit required. It is unlawful for any person to keep, maintain or operate a hotel in the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5,26,030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty 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, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the owner(s), if not a corporation, and of all persons who manage the business; 2. If the owner is a corporation, the name, mailing address, telephone number, date and year of incorporation of the owner; 3. The name, mailing address and location'of the business; and 4. The business tax certificate number of the business. 5. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor. B. 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 a certificate of rehabilitation has been obtained. 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. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application. C. All permits issued under this chapter shall remain in effect until suspended or revoked. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Chapter 3.70. -- Page 2 of 5 Pages E. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 5.26.040 Regulations. A. All permittees under this chapter shall keep a book for the registration of all persons who occupy, rent, let or lease rooms in the permitted hotel. B. All persons who rent, let, or lease any room in the permitted hotel shall be required, and it shall be the responsibility of the permittee to so require, to sign their name and address, with the date of such signing and number of persons in their party, in the registration book kept for that purpose; provided, however, that whenever two or more persons rent, let or lease any such room, only one of the party need sign the register. C. The register shall be open at all times for inspection by any police officer, auditor or authorized city personnel. D. No hotel 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. E. 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. F. No room may be rented more than once in any twenty-four hour period. G. No room may be knowingly rented to a person who intends to use the room for purposes of prostitution or sale of illegal drugs. H. The permitholder must comply at all times with Chapter 3.40 of this Code. 5.26.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the owner or any manager has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which the permit is issued is made, unless a certificate of rehabilitation has been obtained; or C. That the owner or any manager has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.26.060 Appeal. A. Should any applicant or permittee be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then said applicant or permittee 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 Page 3 of 5 Pages 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 or permittee 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 or designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... -- Page 4 of 5 Pages 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: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~:;OUNCIL~)RD'~IOTEL.ORD -- Page 5 of 5 Pages -- ORDINANCE NO... AN ORDINANCE REPEALING CHAPTER 5.34 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MESSENGER SERVICES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.34 of the Bakersfield Municipal Code, relating to Messenger Services, is hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 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: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~COUNCIL~:3RDWIESSNGR.O-2.wpd - 2 - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PUBLIC DANCES AND DANCEHALLS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.44 of the Bakersfield Municipal Code is hereby amended to read as follows: CHAPTER 5.44 PUBLIC DANCES AND DANCEHALLS Sections: 5.44.010 Definitions. 5.44.020 Permit required. 5.44.030 -Application -- Issuance m Fee. 5.44.040 Regulations. 5.44.050 Revocation. 5.44.060 Appeal. 5.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Public dance" means any dance to which the public generally may gain admission, but does not include dancing in a licensed cabaret. B. "Dancehall" means and includes any room, place or space in which a public dance as defined in subsection A of this section may be conducted. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. D. "Teenage center" means a facility operated by a nonprofit, charitable, philanthropic, social service, benevolent, educational, civic, or religious organization, providing recreation and related activities to persons not less than thirteen nor more than nineteen years of age. 5.44.020 Permit required. A. It is unlawful for any person to conduct any public dance in the city, in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. B. It is unlawful for any person to operate a public dancehall in the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5.44.030 Application -- Issuance -- Fee. A. Applications for either permit under this chapter shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of the dance, if for a dance permit, and no less than thirty days prior to the commencement of business, if for a dancehall permit, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, previous addresses for the past five years, employment history for the past five years, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the applicant. 2. The name, mailing address and location of the dancehall, or the place where the public dance is to be held. 3. Whether a license from the California Alcoholic Beverage Control Board has been issued for the dancehall or location where the public dance is to be held. 4. If the person operating the dancehall or conducting the public dance is not tax exempt, the business tax certificate number of the business. 5. If the person operating the dancehall or conducting the public dance is a tax exempt entity, a statement that the applicant is an organization exempted from the payment of the bank and corporation tax by Section 23701(a), 23701(b), 23701(d), 23701 (e), 23701(f), 23701(g), and 23701 (I) of the California Revenue and Taxation Code. 6. If the application is for a public dance permit, the date and time at which the public dance is to be held, such time not to exceed twelve hours. 7. Prior permits held in the past three years and whether such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or designee shall, in his discretion, issue a permit if he finds: 1. The application is complete and truthful; 2. The applicant has not in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, including, but not limited to, possession, sale or use of controlled substances, prostitution, pandering, unless a certificate of rehabilitation has been obtained; 3. That neither the applicant nor any manager of the business has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; -- Page 2 of 5 Pages -- 4. The business and the building 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, or that tax-exempt status has been granted to the applicant; 6. The applicant has not had a permit, issued under this chapter, revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 7. That a license from the California Alcoholic Beverages Control Board has not been issued for the dancehall or place where the public dance is to be held. C. All permits issued under this chapter for public dances shall remain in effect only at the date and time listed on the permit, unless earlier suspended or revoked. D. All permits issued under this chapter for public dancehalls shall remain in effect until suspended or revoked. E. Permits may be issued with conditions to ensure that the dance or dancehall will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. F. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such dance or dancehall as set forth in Chapter 3.70. 5.44.040 Regulations. A. All permits issued pursuant to this chapter shall be non-transferrable, applicable only to the original applicant and the original location. B. No public dancehalls or public dances shall be operated or allowed to be operated between the hours of two a.m. and seven a.m. of the same day. C. No person under the age of fourteen years shall attend or remain at any public dance, or be allowed to attend or remain at any public dance, except for public dances held in a teenage center, unless such person is accompanied by the parent or legal guardian of such person. No person shall falsely represent himself or herself to have reached the age of fourteen years in order to attend or remain at any public dance, and no person shall falsely represent himself or herself to be a parent or legal guardian of any person in order that such person may attend or remain at any public dance. D. No alcoholic beverages may be sold or brought onto the dancehall premises, or allowed to be sold or brought onto the premises where the public dance is being held. E. No person under the influence of alcohol shall attend a dancehall or public dance, or be permitted to attend or be on the premises of a dancehall or where a public dance is being held. F. One licensed security guard shall be stationed outside of the premises where the dance is being conducted, and an additional licensed security guard shall be stationed inside the premises for each one hundred fifty persons in attendance. G. It is unlawful for any person convicted in the past five years of prostitution, pandering, or possession, sale or use of controlled substances to be present at any public dance or public dancehall. Page 3 of 5 Pages H. It is the responsibility of the permittee to maintain peace and good order at all public dances. 5.44.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds: A. That misrepresentations were made on the application; or B. That the permittee has in the past three years been convicted of a crime substantially related to the qualifications, functions or duties of the activity or business for which application is made, including, but not limited to, possession, sale or possession of controlled substances, prostitution or pandering, unless a certificate of rehabilitation has been obtained; or C. That the permittee has in the past three years done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.44.060 Appeal. A. Should any applicant or permittee be dissatisfied with the decision of the city manager or his designee not to grant a permit or revoking a permit, then said applicant or permittee 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 or permittee 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 or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -- Page 4 of 5 Pages 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 one, by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~COUNCIL~ORD~DANCHALLO-2 -- Page 5 of 5 Pages -- ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 5.54 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TRANSIENT PHOTOGRAPHERS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.54 of the Bakersfield Municipal Code, relating to Transient Photographers, is hereby repealed. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 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: AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO ASSISTANT CITY ATTORNEY LCM\bsb S:~COUNClL~ORD~photog.rpl.wpd CITY OF BAKERSFIELD 1997 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THEREFORE, IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 1997. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW FOR DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. QUALITY OF LIFF SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR AND WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT, SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (I.E., L~FCO, COG, ID-4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. .GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL VVITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOP, EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. .OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS. SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION LOCAL ECONOMY. WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARy PROGRAMS. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. (P:~L&L~LEGPLAT. 97)