HomeMy WebLinkAbout06/17/2002 BAKERSFIELD
Sue Benham, Chair
David Couch.
Jacquie Sullivan
Staff: Trudy Slater
REGULAR MEETING NOTICE
LEGISLATIVE AND LITIGATION COMMITTEE of the City Council- City of Bakersfield ·
Monday, June 17, 2002
1:00 p.m.
City Manager's Conference Room
Second Floor - City Hall, Suite 201
1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL'CALL
2. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
CLOSED SESSION PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION
54956.9, CITY OF BAKERSFIELD VS. FLASHCO
KERN COUNTY SUPERIOR COURT CASE NO. 245944 - SPC
3. ADOPT MAY 13, 2002 AGENDA SUMMARY REPORT
4. PUBLIC STATEMENTS
5..DEFERRED BUSINESS
A. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE
ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE
/ 6. NEW BUSINESS
A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING ADULT-RELATED
BUSINESSES
B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING COUNCIL
COMPENSATION
C. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING THE BANNING OF
FIREWORKS IN THE CITY
7. COMMITTEE COMMENTS
8. ADJOURNMENT
S:\TI'S~002LegUtCom~AGN020617.wpd
DRAFT
BAKERSFIELD
Alan anager Sue Benham, Chair
Staff: Trudy Siater David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Monday, May 13, 2002
1:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 1:06 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember David Couch
Counc~member Jacquie Sullivan
2. ADOPT APRIL 15, 2002 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
A. FOLLOW UP TO REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING
TO SB 975 AND SB 1355
City Attorney Bart Thiltgen explained that SB 1355 was cleanup legislation to modify
language included in SB 975. Previously, he provided to the Committee suggestions
for allowing additional exemptions from the prevailing wage requirements in SB 975,
and the Committee directed he convey that information to the League. That has been
done. It is unknown whether Senator Alarcon will agree to suggested changes, but
there is sufficient interest by the League and other cities to pursue changes through
other legislation. Assemblymember Florez's office requested a copy of his memo to
the Committee. He had informed the League that the California Redevelopment
Association is also very interested in making changes.
DRAFT
Agenda Summary Report
Legislative and Litigation Committee
May 13, 2002
Page 2
Committee Chair Sue Benham indicated Senator Costa had introduced amending
language relating to the construction or rehabilitation of privately owned residential
projects that are self-help housing projects operated on a not-for-profit basis such as
housing for homeless persons. The proposed legislation had passed the Senate and
is expected to pass the Assembly.
City Attorney Thiltgen clarified that the self-help housing fund is a specific fund that is
laid out in the Health and Safety Code. This does not affect Bakersfield. Few people
use the self-help housing fund.
In response to a question from the Chair, City Attorney Thiltgen indicated we have done
everything we can do at this stage. He will continue to follow up with the League and
advise the Committee if anything comes .along that is encouraging.
In response to Committee Member David Couch's question, City Attorney Thiltgen
indicated that how the bill affects redevelopment projects has not changed.
B. FOLLOW UP TO REVIEW, DISCUSSION, AND RECOMMENDATIONS
REGARDING SENATE CONSTITUTIONAL AMENDMENT #7, ACCESS TO
GOVERNMENT INFORMATION (BURTON)
City Attorney Thiltgen clarified that SCA 7 had not passed the Legislature and is not
on the November ballot as originally thought. It has been sent back to committee for
further review. The League has taken a position of opposition and has crafted a letter
with potential amendments to the bill. The City Attorney believes SCA 7 would cause
major problems if it were to pass and go to the ballot. It could create severe problems,
especially when it comes to closed session discussions, confidentiality of attorney-client
privilege, and real property negotiations -- placing the public agency at a great
disadvantage.
Committee Chair Benham indicated she was disinclined to take a position, especially
given the fact that it has gone back to committee for further work. She understands the
City Attorney's concerns but from a perceived open government point of view, given the
climate of Enron and Oracle, she would prefer to be especially careful. Committee
Chair Benham suggested staff continue to monitor SCA 7. Committeemember Couch
suggested the Committee's concerns, as identified by the City Attorney, be submitted
to the Legislature via its committee structure. Committee Chair Benham indicated she
had no problems with directing the City Attorney to communicate with the committee
stating the concerns that he raised. The Committee concurred.
C. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING
MASSAGE ORDINANCE MODIFICATIONS TO ALLOW MOBILE MASSAGE
Mr. Knute Berry, Touch Therapy Institute, spoke on the advantages of allowing mobile
massage in the City, including bringing more jobs, financial rewards associated with
providing massage services, and better health. He indicated chiropractors are to bones
what massage therapists are to muscles. Massage is very helpful in the field of
geriatrics, the relief of tension, muscle spasms and stress. He felt therapists would not
object to obtaining liability insurance which would hold the city harmless. He indicated
DRAFT
Agenda Summary Report
Legislative and Litigation Committee
May 13, 2002
Page 3
Bakersfield has four massage schools at the current time. He would like to have the
ordinance modified so as to not restrain trade.
In response to a question from Committee Member Couch, City Attorney Thiltgen and
Police Captain Neil Mahan responded that the City cannot control massage advertising
now or through an ordinance change.
Captain Mahan explained that the City of Modesto does a Department of Justice (DOJ)
check on therapists and that mobile massage is permitted only with a doctor's
prescription, similar to a doctor's prescription for medication.
Committee Chair Benham indicated the Police Department was to be at the June 17,
2002 Committee meeting where the issue would be revisited. City Attorney Thiltgen
was asked to also provide at that meeting his legal opinion of the Modesto ordinance.
Mr. Berry asked if he could meet separately with staff, to which the Committee agreed.
5. NEW BUSINESS
A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING RENAMING
HIGH. WAY 178 TO THE RICK MEARS EXPRESSWAY
Administrative Analyst Trudy Slater explained the request for renaming a portion of
Highway 178 as the Rick Mears Expressway was in response to a citizen's request to
recognize Mr. Mears for his racing contributions. She distributed a letter of support
from the County to local legislators supporting the renaming of the highway.
Information from the California Department of Transportation indicated that only the
California State Legislature can officially name a state highway. This is done in the
form of a "Concurrent Resolution" which can ~be introduced by either the Assembly or
the Senate. The 'resolution will appear in the statutes of the year it is passed. Once
done, CalTrans puts up signs, which are paid for by the sponsors or friends of the
person it is being named after. She mentioned freeway namings are more frequently
done posthumously.
Civil Engineer Ted Wright explained that signs along the highway would most likely be
at the either end of the designated stretch of highway. Signs could cost a couple
thousand dollars each.
Committee-Chair Benham wondered about the wisdom of naming a portion of a public
freeway after a race car driver. She felt the Rosa-Parks naming or the Korean Veterans
Memorial freeway suggestions were recognitions for statesmanship honors rather than
for individual sports achievements.
Committee Member Jacquie Sullivan indicated that, although she could remain neutral
on this, Rick Mears is local, which gives special meaning to the request. Mr. Mears has
brought positive recognition to Bakersfield and he has many accomplishments.
Committee Member Couch mentioned Mr. Mears' many community contributions for
which he has not sought recognition.
Agenda Summary Report DEAFT
Legislative and Litigation Committee
May 13, 2O02
Page 4
Committee Chair Benham felt that if the City is going to support efforts of this type, the
Committee should consider developing criteria to be used in every case.
City Manager Alan Tandy indicated that he believed the speaker at the Council meeting
had previously requested recognition of Rick Mears and the City had .placed him in the
Centennial Garden Hall of Fame shortly thereafter. He also mentioned that Mr. Mears
is also recognized in -the Bob Elias Sports Hall of Fame. Administrative Analyst Slater
mentioned Mr. Mears has in the past been recognized several times by the City,
including a proclamation of "Rick .Mears Day."
Committee Member Sullivan suggested tabling the issue at the. moment. Committee
Chair Benham suggested staff forward Mr. Dalton a letter explaining the part the
Legislature plays in the naming of highways, that the City will wait and.see if movement
in this direction occurs at the state level, and indicating the City's acknowledgments of
Mr. Mears' accomplishments.
6. COMMITTEE COMMENTS
7. ADJOURNMENT
The meeting adjourned at 2:15 p.m.
Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City
Attorney Bart Thiltgen; Civil Engineer Ted Wright; Police Captain Neil
Mahan
Other Attendees: Knute Berry, television cameraman, Tammy Brown
(L020513.MIN)
ADMINISTRATIVE REPORT
MEETING DATE: June 17, 2002 AGENDA SECTION: Closed Session
Legislative & Litigation Committee ITEM:
TO: Legislative & Litigation Committee: APPROVED
Sue Benham, Chair
David Couch DEPARTMENT HEAD
Jacquie Sullivan
CITY ATTORNEY
FROM: Bart Thiltgen, City Attorney
CITY MANAGER
DATE: June 7, 2002
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed Session Pursuant to Subdivision (a) of Government Code Section 54956.9.
City of Bakersfield vs. Flashco;
Kern County Superior Court Case No. 245944 - SPC .-*
RECOMMENDATION:
BACKGROUND:
(P:\L&L\ComAdm02-06-17-1)
June 13, 2002, 2:08pm
MEMORANDUM
May 1, 2002
To: Lieutenant M. Scott, Vice/Narcotics Detail
From: Detective T. Brown, Vice/Narcotics Detail
Subject: Proposed Out-Call Massage/Modesto Police Department GuidelineS;" . -
I contacted the Modesto Police Department and spoke to Leslie Rodriguez, Administrative Services, who
advised me she is in charge of the massage out-call and massage licensing permits for Modesto and
works directly under Sergeant Steve Carter.
Leslie Rodriguez told me there are approximately 110 massage permits in Modesto and approximately
15% are for out-call massage businesses, the majority of which are licensed to the actual business
owner.
Leslie Rodriguez told me out-call massages were implemented in April 2001, and I asked her why it was
implemented. She stated though Modesto has not had a big problem with a "red light district" in the past,
the local massage industry wanted to implement strict regulations and guidelines to legitimize the out-call
profession due to the past view by the community as out-call massage has a double meaning for
prostitution. Leslie Rodriguez said the local massage industry worked directly with the City Attorney's
office in implementing these new guidelines so the industry would be viewed as a professional,
upstanding medical necessity.
Leslie Rodriguez said the out-call massage industry is generally geared toward homebound individuals,
such as accident victims or individuals who sustained an injury causing restricted movement, who need
to have massages performed at their residence.
I asked Leslie Rodriguez about the rules and regulations for obtaining an out-call permit. She said the
applicants need to obtain 500 hours of training from a school of massage recognized through the Bureau
of Private and Post Secondary Vocational Education in Sacramento, California.
Lieutenant M. Scott, Vice/Narcotics Detail
Proposed Out-Call Massages/Modesto Police Department Guidelines
May 1,2002
Page 2
Leslie Rodriguez said applicants also need to have medical clearance, which includes a TB test, CPR
certification, 'first-aid training, certificate of insurance, and an insurance bond usually exceeding one
million dollars; however, Modesto does not specifically require the bond to be one million dollars.
Leslie Rodriguez said the applicants need to pay certain fees, which include a massage $75. technician
fee, a $75. out-call massage fee, a $175. establishment fee, and a $32. fingerprint fee. If it is going to
be a school of massage, there is an additional $100. fee.
Leslie Rodriguez said out-call massage permits must be renewed every two years, and there is a $10.
renewal fee and a $32. fingerprint fee, so applicants can be fingerprinted again to confirm no arrests
have been made within the last two years.
Leslie Rodriguez advised me the Modesto Police Department will run checks on a weekly basis on
different out-call establishments. The targeted out-call establishments must present the proper permits,
a list of their customers, a schedule documenting their hours. The out-call establishments must also
have documentation of the names and addresses of customers they have performed out-call massages
on for contact in the event of any problems.
Leslie Rodriguez told me that when an out-call massage is performed, a record of the out-call is kept by
the doctor who ordered the out-call massage, and the massage technician who performed the massage.
These records are kept at the office or establishment for future inspection. Any licensed doctor or
chiropractor can order or approve an out-call visit.
If an out-call visit is approved by a doctor or chiropractor, any out-call massage is legal, including at an
office building. For company employees, most out-call massage technicians use portable folding tables
and chairs for their out-call business.
Leslie Rodriguez said since the Modesto Police Department has implemented their out-call licensing
process in April 2001, they have not had any problems with compliance, nor have they received any
complaints.
I contacted by Sergeant Steve Carter who advised me since the implementation of the out-call massage
licensing and regulations, the Modesto Police Department has not had any problems from the out-call
industry. Sergeant Carter told me the out-call industry is very professional and is operated through
doctors and chiropractors' offices, with the majority being operated through chiropractor offices. He said
the chiropractor offices are professional and licensed through the State of California.
I have attached a copy of the Modesto Police Department's city ordinances governing out-call massages.
No further details.
TB:blw
P:\PERMITS\MASSAG~Memos\Out-CalI(050102)-662
BAKERSFIELD POLICE
MEMORANDUM
To: Alan Tandy, City Manager
Members of the Legislative and Litigation Committee
From: Eric W. Matlock, Chief of Police~
Date: June 12, 2002
Subject: Proposed Out-Call Massage/Modesto Police Department Guidelines
As directed by committee members, police staff contacted the Modesto Police
Department regarding their massage out-call, and massage licensing ordinance.
According to the Modesto Police Department they have not encountered any law
enforcement related problems with the massage industry since implementing their new
ordinance.
I have reviewed the ordinance and the comments of Modesto Police Department staff
and I believe a similar ordinance would benefit our city. It is interesting to note that the
new ordinance was strongly supported and pursued by the massage industry in
Modesto in order to implement strict regulations and guidelines to legitimize the out-call
profession, due to past views by the community as out~-call massage having a double
meaning for prostitution.
Attached is a memo authored by Lt. Melvin Scott, commander of the Vice/Narcotic
detail, along with a copy of the Modesto ordinance.
EWM/vrf
Attachments
BAKERSI:i' ' ':POLI'CE
'MEMORANDUM
· May 1, 2002
To: Lieutenant M. Scott, Vice/Narcotics Detail
From: Detective T. Brown, Vice/Narcotics Detail
Subject: Proposed Out-Call Massage/Modesto Police Department Guidelines
I contacted the Modesto Police Department and spoke to Leslie Rodriguez, Administrative Services, who
advised me she is in charge of the massage out-call and massage licensing permits for Modesto and
works directly under Sergeant Steve Carter.
Leslie Rodriguez told me there are approximately 110 massage permits in Modesto and approximately
15% are for out-call massage businesses, the majority of which are licensed to the actual business
owner.
Leslie Rodriguez told me out-call massages were implemented in April 2001, and I asked her why it was
implemented. She stated though Modesto has not had a big problem with a "red light district" in the past,
the local massage industry wanted to implement strict regulations and guidelines to legitimize the out-call
profession due to the past view by the community as out-call massage has a double meaning f.,or
prostitution. Leslie Rodriguez said the local massage industry worked directly with the City Attorney s
office in implementing these new guidelines so the industry would be viewed as a professional,
upstanding medical necessity.
Leslie Rodriguez said the out-call massage industry is generally geared toward homebound individuals,
such as accident victims or individuals who sustained an injury causing restricted movement, who need
to h~lve massages performed at their residence.
I asked Leslie Rodriguez about the rules and regulations for obtaining an out-call permit. She said the
applicants need to obtain 500 hours of training from a school of massage recognized through the Bureau
of Private and Post Secondary Vocational Education in Sacramento, California.
.',.' '-: Lieutenant M. Scott, Vice/Narcotics Detail
~,..-., Proposed Out-Call MasSages/Modesto Police Department Guidelines
.. -. ' ' ' · .MaY !; 20'02
' ' "Page 2'
Leslie Rodriguez said applicants also need to have medical clearance, which includes a TB test, CpR
certification, fir, st-aid training, certificate of insurance, and an insurance bond usually exceeding one
million dollars; however, Modesto does not specifically require the bond to be One million dollars.
Leslie Rodriguez said the applicants need to' Pay certain fees, which include a massage $75. technician
fee, a $75. out-call masSage fee, a $175. establishment fee, and a $32. fingerprint fee. If it is going to
be a school of massage, there is an additional $100. fee.
Leslie Rodriguez said out-call massage permits must be renewed every two years, and there is a $10.
renewal fee and a $32. fingerprint fee, so applicants can be fingerprinted again to confirm no arrests
have been made within the last twoyears.
Leslie Rodriguez advised me the Modesto Police Department will run checks on a weekly basis On
different out-call establishments. The targeted out-call establishments must present the proper permits,
a list of their customers, a schedule documenting their hours. The out-call establishments must also
have documentation of the names and addresses of customers they have performed out-call massages
on for contact in the event of any problems..
Leslie Rodriguez told me that when an out-call massage is performed, a record of the out-call is kept by
the doctor who ordered the out-call massage, and the massage technician who performed the massage.
These records are kept at the office or establishment for future inspection. Any licensed doctor or
chiropractor can order or approve an out-call visit.
If an out-call visit is approved by a doctor or chiropractor, any out-call massage is legal, including at an
office building. For company employees, most out-call massage technicians use portable folding tables
and chairs for their out-call business.
Leslie Rodriguez said since the Modesto Police Department has implemented their out-call licensing
process in April 2001, they have not had any problems with compliance, nor have they received any
complaints.
I contacted by Sergeant Steve Carter who advised me since the implementation of the out-call massage
licensing and regulations, the Modesto Police Department has not had any problems from the out-call
industry. Sergeant Carter told me the out-call industry is very professional and is operated through
docters and chiropractors' offices, with the majority being operated through chiropractor offices. He said
the chiropractor offices are professional and licensed through the State of California.
I have attached a copy of the Modesto Police Department's city ordinances governing out-call massages.
No further details.
TB:blw
P:\PERMITS~VIASSAG E~vlem os\Out.Call(050102)-662
:OI~TIIe[III~ll~.:WWW.LATiMES.COM COLUMN ONE ! FRIDAY, MAY 3, 20.02
Sfapy ,
:....~.?~:<i.:~.?Iour 'Web sites provide clients with :..~-
_~ clandestine establishments..The-
· i --'~'foreement by constantly chan~
'~'~ the roster of prostitutes and by
'" '~- ..... ~' training the women to spot under-
' I cbver cops.
.,~5¢?:~v-x:~.~,,; ... _ . ;~...; heim have raided five chiropractic
· .~pi'~rs tiriV/~me
clinics alleged to be fronts for pros-
-. · ?~4: ~"~ ..'· ..'c ~' . .
~ t~,;~pshopwith"¥~ ~'[ titution, t, os angeles police ha~e ,
pt;~tutionrinm~ ! raided ~8 c~opracUc emb~h- ~'
~.~lilS ,sa,. y,O~l~i; merits since October, mostly in the
: ;i' i .San Fernando Valley.
say m~ were tricked ' ~ .,.me state chiropractic board,
· . meanwhile, has stripped 11 practi-
} tloners of their licenses for involve-
By MONTE MORIN ,~ merit in prostitution over the last
two years. The board is investigat-
ing similar allegations against 20 ~
'Dr. Jim' pitched hirnseff as the ;. ,other chiropractors.
ultimate New Age healer, a chiro- t' -
practor who also practiced electro-¢ 'It's a problem that's only esca- -~
lating,~ said Catherine Hayes, eh- }.
acupuncture and hypnom and dis- ::
pensed botanical elixirs, s fon:ement program manager for
' the board. 'We get ca/Is about this ~'
James F'. Aquila promised to i; every day from law enforcement. ~
remedy life's stresses and addic- ~ It's giving the profession a black ~
tions with a blend of spinal adjust- : eye.'
merits, counseling and 'psychobio- ;' . Why is .t.his happening? Author- ~i
chemical" therapy. Relief, he ~ ities say a tmancial squeeze on chi-
wrote, was just a matter of 'utiliz-; ropractors has left some of them i~
ing the mind/body connection" and desperate enough to share their
'channeling spiritual flow." premises with prostitution rings, ~
Authorities have a simpler term whose leaders are always looking i
for what went on at Dr. Jim's Mid- for respectable fronts to hide be-
night Therapy in anaheim: prosti- hind. The rings are believed to
tution, have ties to Asian organized crime.
The 'therapy,~ prosecutors say, Please see CLINICS, Al8 }'
consisted mainly of young women
in metallic miniskirts performing .'
sexual acts for cash. Aquila is to '
stand trial later this year on
charges that he operated a house
of prostitution, using the chiro-
practic clinic as a cover.
Driven by police from their long-
time haunts on streot corners and
massage parlors, prostitution rings
are setting up shop in suburban
strip malls, medical plazas and
business parks--often using ehiro.
praetie offices as a cover.
Photos by AL SEIB / Los Angeles Ti~e:
Ann Kinzle, executive director of the Reseda Chamber of Commerce, greets City Atty. Rocky Delgadillo on Tuesday before his announce
ment of a crackdown on massage parlors in the San Fernando Valley that are suspected of operating as fronts for prostitution.
O Valley Massage?
Courts: Charges against behind me ... has been forced to
dose its doors," Delgadillo said,
the businesses include calling it "a haven for prostitution."
prostitution and. Charges against four of the
businesses are to be filed in Van
operating without Nuys and San Fernando courts to-
proper licensing, day. The remaining six cases were
filed two weeks ago and are penal-
By JENNIFER SINCO KELLEHER ing trial.
TIMES SIAFF WRITER Der. Rick McElroy, who oversaw
the sting, said that in one night,
Standing in front of Samoa Acu- undercover officers made arrests at
pressure in Reseda, Los Angeles all 10 locations. "This is just one
;City Atty. Rocky Delgadillo an- night's effort,'hesaid.
nounced criminal charges Tuesday Vice officers used B.A. Express,
against similar massage parlors a sexually explicit newspaper that
' suspected of prostitution or operat- advertises massage services, as a
. ing without proper licensing, starting point, McElroy said.
, Samoa Acupressure, Which "It's not hard to find these
' "closed March 8, was one of 10 places," he said. "They're all over
businesses in the San Fernando the city--there's no boundaries." LAPD Vice Det. Rick McElroy shows the adult publication he sa~,s
; ~ Valley purporting to provide legal An undercover officer would Pay was used as a starting point for Februa~'s undercover operation.
'~ ' massage, acupressure or aroma- for a massage at the front door and . . .
:,-'~ ~ therapy that were targeted in Feb- in many instances would be led to a the LAPD's West Valley Division. women sleeping on mats on ' the
runty by the Los Angeles Police back room and offered sex for Undercover officers found immi- floor, he added.
..,
Department
a
sting.
money, McElroy said. 'grant Korean and Mexican women DT Therapy closed in sepiem-
The investigation yielded prosti- The Valley is a popular place to living in some of the stores, Puente bet after a two-month investiga-
tution charges against six conduct prostitution under the said. In an earlier investigation at tion. '
businesses and charges of operat- guise of massage because of its DT Therapy on Winnetka Avenue "That's the place that opened
ing as a massage therapist without many strip malls, which make it and Saticoy Street, which adver- our eyes, that there was a need to
a license against five. easy for owners to move in and out tised aromatherapy, police found check on places like this," Puente
'I'm haooy to say the business ouicklv. ~id .q~ lt, ee~ ~h,~nt~
0~×14/02 1!:58 NO.~SB P002/0~4
5-2.10l
Chapter 2 drainage therapeutic technique, myofascial ~elease and
neuromuscula~ reeducation: ." ',
MASSAGF./BODYWORK BUSINE$SE,S' (2) Hy&o~erapg;
(3) H~liotherapy:
* ~ ~sl~: Fo~cr ~. 2, Mus~ge Es~b~s~cnu and Scala (4) El~bo-mechanlcal or vibrato~ devices;
of Massage. wu added by ~. I~0.C.S., ~eodcd by O~, 19~. (5) Herbal applications or chcmical prep~a~ions such
C,S,, ~d, 19~1.C,S.. ~fl, 2727-C.S, and ~d. ~129.C.5., ~nd as oil or alcohol ~bs, ~omatlc lub~can~, powders,
~pl~cd by ~. 3219.C.S, ~r~, oin~enu, or simil~ prep~a~ons co.only us~
~n ~is prac~c~;
A~icle 1. General Prov~io~ (6) Salt ba~s;
5-2.101 ~rp~e ~d Inten~ (8)
h is ~ pu~se and im~nt of ~is chap~ ~o pmvid~ (9) Tapotement: and
for ~e orderly regulation of ~t massag~dywork busi- (10) Applicagon of presage, using s~cific a~b and
ness and massage practifionen in ~e City of M~esm. finger ~chniques worth8 on pr~is~ r~flex ~in~ on
The Ci~ Co~cil rtco~izes massa8~ is a viable prof-- feet, hands ~d ~.
sional field offering the public valuable hesl~ and ~em- (c) ~8~ywork b~in~s: M~ ~y cs~blish-
p~ufic s~ices including, but no~ li~l~ to, m~sage, ment having a fix~ plact of b~iness wb~e any individ-
~ywork and somatic ~apits. ~, ff~, ~s~iagon, p~hip, co~orafion, or combl-
~is chapter establishes minim~ stand.ds for m~- na~on of indi~d~ls, ~ngag~s in, conducu, c~ on or
sago and ~dywork pmcti~onen and ~e~ b~int~ ~ta~ ~ m ~ engaged in, conductM or
lis~enu so ~ lo protec~ and safeg~d ~e public heal~, sag~ywork s~ees or lech~ques, acupress~e,
safe~ ~d welf~e ~d IO e~ce ~e ~pum~on o[ ~e flexology, ~cohol mbs, R~si~, Sw~ish, ~ T~sh
profession and ie~ of ~ st~ic~ provided, Ba~s, facial m~sag~dywork, tlec~c or malefic
h i~ ~e p~s~ and in~nt of ~e City Council ~aI ~cnu, or h~l~ ~nu invol~ng m~sag~
m~sag~ywork ~blishm~nu and ~ns off. hi ~ywork or ba~s.
s~h ~iccs b~ r~la~ so ~ ~o ensme ~ai pcnons (d) ~8~ywork ~gon~ M~
off~ng m~g~ywork ~cm ~ss~ ~e ~m~ ~son, o~ ~ a medical p~fifion~ lice~ by lhe ~'
quaificafio~ n~ess~ ~ opiate such b~iness~ ~d S~ of Cgifomia, who pracgces or ~i~sters any
lo ~ffo~ ~e s~ic~ offer~ and ~o ens~ ~at ~ose musag~ywo~k ~hnique ~ definM
o~efing ~ese sc~ces condor ~eir work in a lawM and ch~8~ for a f~ income, or ~y~ing of ~y v~u~ what-
~of~sional m~ncr and comply wi~ requb~ building, a~vcr wi~in ~ Ci~ of M~csto.
sa~on and h~ s~d~ds, (Add~ by ~d. 3219- (o) M~age~ Meam ~ p~on(s) desi~a~d by
C,&, ~ 1, c~ecgvt 5-30-01) o~tor of~e ~sag~ywork b~in~s
rep~tagve ~d agent of ~e o~ator in managing day-
f-2.102 Deff~go~ l~y o~aflons wi~ ~e ~t liabililies ~d
U~ess ~ p~c~ ~ovision or ~e con~xl o~ise bili~ts. ~vi~nce of m~agemtnt includes, but is not
r~ukes, ~e defi~ifio~ and provisio~ con~in~ in ~is li~ ~, evid~ ~et ~c in~vidual
s~gon shall gov~ ~c cons~cgon, m~nlng, ~d appli- dk~ or hbo and ~iss employes, tonal
ca~oa of words ~d p~cs us~ in ~is chep~cr, op~n~on. ~ ~lic~ or mica or p~hase supplies. A
(a) Employs: For ~ p~s~ of ~is chap:r, sh~l manag~ may g~ ~ ~ owner. A
includt indt~nd~nl con~ac~. ~e s~n~s ~d q~lificafio~ of S~ion 5-2.1~
(b) Massag~ or ~dywork echniques: M~ns any quali~ ~ a m~ag~ ~d m~t ob~in a pracfition~
no~nciden~ ~uching, robbing, s~o~ng. ~c~ing, liccnsc.
rapping, ~un~ng. ~brafing, or sfimula~ng of ~e ex~r- (0 On-site ~py: M~ns ~y mc~ of press~
.n~ p~ of~e human ~y including, bu~ not li~d to, on, or ~cfion agains~ or s~o~n8, ~ca~ns, ~pping,
~e following mc~s of ~ea~cnt: pounding, vlbra~ng, or stimulating
(1) ~iomech~ical manipulation ofsofi-~ue ~rou~ ~e hum~ b~y wi~ ~ hands wi~out such suppleme~
touch for ~ p~oscs of prov~ntion, rchabili~don ~d ~ aids ~ ~bbing alcohol, linimenL antisep~c, oil,
hc~ling. This includes, but is not limitM to, d~p.fissue ~wd~r, me~, lotion, oin~enL or o~er simil~ prep~a-
~nd pre and ~st s~ massage and manual lymph dons. when ~ client remains fully c)o~cd and at
I~afion o~er ~an a m~sag~ywork ~blishm~nl,
;'
· ' NO. 158 POO3xO14
and is limited to business offices, spo~ complexes, verified by wfi~cn and practical ~s(in8 by ~e assail.
convemJon~c~n[crs and pablic events. . ~ ~ ~
~ m .. ~ ~Z~~ .... ~ (5) Has established ~les o~ e~jcs and
ment pr~ed~es for ~e suspension or ~voc~don of
' (I) Qu~lifyin~ cx~: ~a~ a n~Hon~] certification
'"' ..... '(h):"0~a~0'~fl~r: ~'==ns =11 persons who h=v= =n examination which h= been recognized by
ownership interest in ~c massag~odywork business and send=ds ~o fairly avaluaze professional level, skill.
=e res~nsibie for its day-z~day o~rafions. ~hc opera- ~d competcnc= as de~c~in~d by a q~li~ed
~or/owner also is an individual(s) whos~ name(s) appe=s =ss~iadon.
on ~e City of ~odes[o bminess licc=c. (m) Reflcxoiosy: Is ~ applic=tion of =p~ific pres-
(i) P~rson: Means any individ~sl, or co~oradon, sees [o reflex points in ~e hands and f~az. ]~is a clo~ed
P~enhip, ass~iadon or o~er Foup or combinations session wi~ only ~e m~oval of shes and soc~ al-
of individu=ls acdn~ as an entity, lowed. (Add~ by Ord. 32]g-C,S.. ~ I. effective 5-3~01)
~) Recognized schoot ofm~=sase: ~e~ any
or insfi~fion o~ I~in~ ~hich h= for i= pu~os~ ~c S-2.]03 ~a~odywork
~e~chins of~c ~co~, pr=c6ce, m~od and ~do~anc=, Lic~=e Required.
e~ic=, an~mmic=l and physiological ~ow]~[c, and work Eva~ ~r~on conducfins, managinS, owning, or opcr-
o~ m=sa~c, which sch~l or Jnsd~don complics wi~ adng ~ m=ssS~ywork business in ~= City, ~xc~p~ as
C~ifomia Education C~e Secdons 9411~9431 l, and exemp[~ under ~cle S herein, shah ~t ob~in a
which r~qu~es a residem co.se of sm~ before the lice~eunder~ischap~er. Said license shall be n~
student shall be ~ish~ wi~ a diploma or ce~ficate and must be displ~y~ by ~e licensee in a
of Fad~don. Schools offering ~ co~espondence co.se place oa ~e pr~ses in which ~e business is cond~[ed.
not ~u~ns ~c~l a~endence shall no[ ~ deemed a ~y in~vidu~ who is ~ a massag~dywork pracd-
reco~ized school, ~y ouz-of-s~te school mus[ meet ~e donor ~d ~e owner/operator of a m~sag~ywork
rcq~cmcn~ of California ~uc~tion Code S~dons b~incss rosy ob~n ~s[ng[elic~e ~ ownulpracddoner
94310 ~d 94311 and m~ be lice~ by ~e ~m~ or if he or she s~dsfi~ ~e license r~ubem~nu for
~ubdivision ~er~f wi~in which iz ~ncdons if such business ~d p~c6doner. (Add~ by ~d. 3219-C.S.,
lice~ing is requ~ed. 1, eff~dve 5-30-01)
adon which mee~ ~e following ~fia: 5-2.104 M~[~odTwork P~acfifioner:
ment for membership, ~e completion of at I~t five Eye.on cmploy~ ~ a mmsag~rkpracd.
hun~ (5~) ho~ of ~i~ng 5om a r~o~zed sch~! doner or ~It-~mployed pro~ng m~sag~ywork
°fm~sag~orh~~n~dp~dc~gof~uiv. se~[c~ for compen~don at a licens~ m~sagE
~ency ~st~r~ ~d ov~n by iu a~ssion com. ~dywork ~uSlis~ent ~or providing on-sile
~e or by ~tion~ c~ficadon proF~ eado~ by ~or out<~l ~ge for com~sadon ~ ~e Ci~
· e N~do~ Co--sion for C~ing Agencies ah~l ob~ a iicc~c ~d~ ~s chap~. ~ o~er
~CCA). which ~11 ~ co~id~ in lieu of ~ ~ni- qu~i~ for a ~sag~ywork pncddoncr lic~ns~
m~ ~adon mqu~ent of five hun~ (5~) ho~s. pro~d~ for h~c~d~, ~ch m~ag~ork pr~dd~
(2) Off~ ~d r~u~cs p~cipadon and completion ncr must [ads~ one or ~e following
by m~m~rs of a ~m~ n~r of ho~ ors~i~ (a) ~ve r~eiv~ a ~ploma orc~fica~ ofcomple-
condn~ng ~ucadon ~ a condition of continuing mere- don in a co~e ofs~dy in m~sag~ywork at a c~og.
~rship.
~ ins ~e ~u~emcnu for m~mbenhip on a nado~ b~is. "s~s~ing completion'of at l~t fiV~ h~ (5~) cl~s'~
(4) Hu ~ ~sdon~ r~u~m~nu or ~v~. r~m' h0~ of a noncre~ddve C~culum in ~a~om~'
Icnce, i~luding at leut five h~ (5~) clu~m physiology, hygiene, sa~udon, m~sage ~etspy, ~eo~.
ho~s or iu ~uivalent in ~atomy. physioto~, hygiene, pracde~ ~d e~ics o~ ~sage practice; however, s~id
sa~adon, massag~ ~rapy and practice, e~ics of m~. five hunted (5~) ho~ shall not includ~ in.reship
sag~ practice, Fust-~d and ~R. Equivalency m~t be horns ob~n~ by ~ student flora a sch~l when ~
sch~l coll~cu a fc~ ~om ~ public for s ~s~ago Siren
83,"14,"82 12:08
NO.
~-2.104
by the student, end the school then credits the student (el Existing establishment and technician licenses
with "internship hours;" or shall continue in effect until expiration. Upon expiration. :'"
(b) Have received a certificate oF completion in a a new app)ication shall be submit{ed pursuant to thc "'
course of study at an institution outside California which, pro,visions of this chapter with the exception of the man-
in the opinion of the Police Chief, mee~ or exceeds the datory five hunted (500) hour educational requ;rement.
criteria for approval for such programs in California: or (0 Upon expiration, the Police Chief shall issue
(c) Have successful}y passed an independently pre- provisional license to any massage/bodywork practitJoner
pared and adm{nist~-ed national certification examination who does not satisfy thc five hundred (500) hour educe.
which is recognized by objective standuds to fairly tional requirement. The provisional licenses shall be
evaluate prof~sional levels of skill, safety and tempe, issued as follows:
tenet, ~ determined by the National Commission for (1) Ali provisional licenses issued in the yea~s 2001
CcTxifyin8 Agencies. (Added by Ord. 3219-C.S., § i, and 2002 ,,hall expire on May 1, 2003.
cffectiye $-30-01)
(2) All provision~ licenses issued after May 1.2003,
shall expir~ lanuary 1, 2006. (Added by Ord. 32H}-C.$.,
5-2.105 Requlremeats u to F~tablLshments § 1, effective 5-30-01)
and Practitioners Licensed by the
l~ffectlve Date o~ the Ordinance A~cle 2. Application for License.
Codified La thi~ Chapter.
(al All persons currently holding a valid massage ~-2.201 Fees.
ettablishment or a massage technician license issued A fee shall ~ required for every license applicat/on
punuant lo the provisions of City of Modesto' s former flied under this chapter. The f~ mtut b~ received by the
massage ordinance, shall meet and satisfy the educational Mocles:o Police Dcpaxtznent before any application is
requh'ernent of five hunch'ed (500) hours of a non-tepcti- proccssc, d. The City Council shall set the amounts of said
t~w, curriculum in anatomy, physiology, hygiene, sanita, fe~ by resolution aaa may from time to time by
tfon, m~sag¢ therapy, theory, practice and ethics of tion adjust the amounu of sa~d fees. Any fee pursuant to
rna.~sage practice. Every currently liccnsed practitioner this section shall bc in addition to and not in lieu of any
h~ a mirdmum of one hunch'cd cighty (180) hours and busings license tax imposed pu~uant to thc provisions
in order to ~¢tain said license, shall meat and ~atisfy thc of thc Modesto Municipal Code. (Added by Ord. :3219- C
following requirements on or b~fore the dates set forth C.$., § 1, effective 5-30-01)
below:
(1) Have a total of three hundred (300) hour~ of 5-2,202 ApplicaUon Duration.
educat2on comp)teed by May 1, 2003; and A license issued trader this chapter ~hall be valid for
(2) Have a total of five hundred (500) hours of ~uca- two (2) yea. rs from the dat~ of issuance. Renewal applica-
tion complct~ by January 1, 2006. tion shall be submitted on a shore form {o bc developed
(b) The five hundred (500) hour educational r~ulte- by the Modetto Police Department which provides infer-
meat ~hal) not include internship hours ob~ncd by a marion tcg~ding any i~m,: which may have
~tudcnt from a school when the school colleca a fc~ from changed from thc ~{~al applicagon othcr,'i~ the renewal
~e public for a mtusage giv,-n by the student, and the procedure shall bc the sa. mo u for the issuance ufa new
~chool then cr~dio thc student with "inttn~hip houri." license. (Added by Chd. 3219.C.S., § 1, effective 5-30-
(c) Lq the alternative, a current liccmucc may satisfy 01)
thc five hundred (500) hour educational n:quircmcnt by
suc¢~afully p,,,sing an independently prcpar~ and ad- S-2.203 Application for Lieenr, e:
ministered national ¢cT:ification e. xamJnation as ~t forth E~'tabli~luneat L{cc,,,e and
in Section 5-2.104 of this chapter. Practitioner's Llcen~e,
(d) All pcrr, or~ cunently holding a valid massage Every pcr~on d~iring a business license or
es. tabli~hment or a massage techrdcian license shall have practition~'s license under this chapter shall complete
three (3) months from the effective date of thc ordinance and submit to the Mcxle~to Police Depat~nen~ a wri~n
codified in this chapter to provide proof of current cet'tif, application in a form approved by the Police Chief. The
ication of adult cardiopulmonary resuscitation and proof application shall b~ completed under penalty of p~'jury
of malpractice insurance coverage ~ r~'quh'cd by this. under the laws of thi~ State and shall require thc follow-
chapter.
lng information to relevant ~o the specific p/pc of license:
~o
03>14×02 12:01 NO. 158 P005/014
$-2.203
(al Thc name of the applicant and a complete s~atc- (m) A diagram drawn to scale and dimensions show-
meat regarding any and all true and fictitious names used lng the number of rooms for said business, including a
by the applicant within the five (5) years immediately sketch of the interior arrangement thereof and a list ofthe
preceding the application. Ali applications ror llccnscs for equipment used thereon:
massage./bodywork establishments or schools of massage (n) Whether or not the applicant or any po. tenet,
shall be referred to the Chief Building Official, the Fire partner, manager, or operator of Lh¢ business being ap-
Chief. the Health Officer, the Community Development plied for has had a license for the same or any similar
Director, and the Police Ch;cf who shall make written business suspended or revoked anywhere, and if' so, the
r~:onunendations to the Cip7 M~ager concerning compli- circumstances of such suspension or revocation;
ance with the laws and ordinances that they administer (el A s~temcnt that the applicant or any po. rzner, co.
and enforce;
p~rtner, manager, employee or operator of the business
{b) The residence address, business address, and has never been convicted of violations of ?anal Code
residence and business telephone numbers of the appli- Sections 220, 261,264.1, 266e, 266h, 266i, 3!q.
cant: 316, :ill1, 64'7(a) or (b), or any offense involving posses.
(c) The prevlaus addresses of applicant, if any, for a sion of the substances identified in Health and Safe. ly
period of five {S) y¢~s immediately prior to the date of Codes Sections ! 1054, 110SS, ! 10S6, ! ~0S7. or !
tho application and the dates of residence at each address: or of any felony, or, if such crime has been corrunit~ed
(d) Acceptable wrinen proof that the applicant is at by such person, a complete statement al~ the nature of
I~ast eighteen (!8) years of age; ~uch crime a. nd the place and dctc of conviction;
(el The na.m~s, residence and business address and (p)A statement that the applicant or an), p~rmer, co-
telephone numbers of any ¢o-parmers, excluding limited partner, manager, employee or operator of the business
pazmcrs of tho applicant; i~ not rcquir~ to register under Penal Code Section 2~)0,
([') lit the applicant is a corporation, the name of the or if an), such person is so required, the c~cumstanccs
corporation shall be set forth exactly as shouzn in the lcadlng to l. his requirement:
dence addresses of each of &e of'fleers, cLLr~:tor~ and ~, pe. rlg~..1n .~h~ge~f,.~he:~.b~mcs:~,an.d ;all':~:fi~'~ ~a
each sh~eholder owning ten (I O) percent o~ mor~, of the ~y..w. ork prnc:ltlo~c1's.fo[,fll¢.b~lties$'~dC¢ll b' ~c'(2i" '
corporation, if one or more of the owncr~ is a corpora. . ot lv~ooesto l.'ollea IJep~¢~t;'-., "~
tion, the prov'~sions of this s~ction pertaining to a corpo- (r) Proof'of massage malprae~ee insurance coverage
rate appliea.nt apply; in the ~um of not I~$ than five hundred thousand dollars
(gl The names, residence and business address and ($500,0(X).00) per each massagc?oodywork practitioner
~clephonc numbers at' the managers and persona to be in employe4 by the bu~incss up ~o a m~imum of one mil-
charge; lion dollars
(h) The no..me, residence and b~ine4s addressr4 and (~) ,Proot' of membcnhip in a qualified massage
telephone numbc:rs at. the owner o[ thc prcmlscs, if any, association, if applicable;
in which thc business is to bc located and thc wriHen (0 Proot. of matriculation from a recog:nized school
co~cnt at. a~d ow'ncr to opcrut,ion al thc business or a of mass,,gc, as defined herein. It' thc applicant is a
copy at' thc Ieee for thc prcmiscs executed by thc owner ra~on or panncr~hip, then this proof must bc supplied for
evidencing such conse, t; a member or thc corporation or putn¢~ship who will
(il The applicant's height, weight, color of cycs and actively pa4':icipatc In the management of the ~tablish-
hah' and date and place of birth, unit.ss applicant is a mc'ne. Thc pracgtio~cr mtut submit an original diploma.
pa, n~crship or corpora~on, in which ca.sc this information ccn:ificat¢ of graduation, or other v,'ritten proof, including
shall be supp]ie4 for thc person or persons authorized to certified transcripLs, acceptable to thc Police Ch;cf', that
execute the application; m~blish compliance with Modcsto Municipal Cc)dc
(j) Thc nature, name and p]ace of applicant's busS- Section 5-2.104:
ness or employment during thc five (S) yea, rs immediately (u) Proot.ol'currcnt ccrtificarlon ofaduh c~rdiopulmo.-
preceding the date of filing of thc application; nary rcsuscltatlon (C.P.R.). If' thc applicant is a corpora-
(k) A description of the exact nalure of thc busine4s elan or parmcrship, then this proof must bc supplied for
to be operated and thc narnc under which it will operate; a member of' the co.oration or ptrtncrship who
(1) The address and pa.r~icul~ roOm or rooms and actively pa.n, icipatc in thc management of thc csublish-
square footage of the premises in which the massage/ meat; and
bodywork activities arc to occur;
291 ~m~
03~14~02 12:02 N0,1S8 POOGxO14
~-~.203
(v) Such other information as the Police Chief shall Article 3, M~ssage/~odywork
deem necessa~,. (Added by Ord. 32 I~C.S., ~ 1, effective ~bl~hment License
5-3~01)
5-2~01 Invu~gaUoe.
S-2.204 Notice o~ Change. (a) ~e ~olic~ Chief upon ~ceipt of a
(a) Whenever any change ~curs relating to ~c ~t- application ~or a massag~ywork business or a renewal
ten info~ation specified in Section 5-2.203. including o~ such license will conduct an approp~ate inve~tigation
change3 in ~ physical layout of ~e business, chan8~ ~ dateline whaler ~e license sh~l be i~sucd in accor-
in employees or operations. ~c applicant shall report said dance wi~ &e pr0c~ures of ~is chapter.
change and p~ovide all inversion which would have
~:~"~lice Chief shall have~s~m :~ ~a~
bccn r~uired under Sec~on S-2.203 p~or to i~ ~ng
eff~t.
~apphcanL ~l~d~,g, bm not I!m~c~..m;~any~:~a}~T~l
(b) No massag~ywor~ b~incss lice~e may ~
Uon of law, to any o~er p~rson or ~r~ons. ~y such C.S.?~ '1,' eff~e 5-3~1) ..... '"" "'"-~'"'"'"'~--'..?'?~.%:-A
sale. ~ansf= or ~si~mcnt, or a~cmpt~ sale, ~sfer or
assistant, shall ~ deem~ to cons~tu~ a volun~ 5-2202 Approv~ or Dc~M of Lice~e.
s~ender of such license and such Iicc~e shall ~creafi~ (a) A~ inv~gafion, ~c ~o]ice Chief shall approve
bc null ~d void. However, i[~c ]ice~ee i~ a p~hip or condi~onally approve iss~ce or ~new~ of ~a Ii-
and one or more of ~e p~crs should die, one or m~e ccn~ if h~shc ~nds:
of ~e s~iving p~ may acqu~c~ by p~h~c or (1) A complc~ ~n app]ica~on fo~ h~
o~e~i~c, ~c int~st of ~e d~c~ p~ ~ p~
wi~out cffccgng a a~cndcr or ~inagon of ae Ii- (2) ~c r~u~ applicaSon f~ h~ ~n
ccnsc. In such c~c, ~c license, u~n nogficafion w ~c (3) ~e applic~t h= Mly c~ted in ~c invest-
Police Chief, shal ~ placed in ~e n~c of ~c s~iving gagon of his or h~ applica~on;
p~cn. A ~sag~ywork lice~ iss~d ~ a co~ (4) ~e applic~t h~ not ~owingly made ~y false,
resort shall bc dc=m~ ~nat~ ~d void when ei~ mislaying or ~udulent s~mcna in ~ applica~on;
any outs~nding itek of ~c co.aden ii sold, ~s- (5) ~c applic~t is cond~ting ~c b~in~s in
f~ or as3i~ ~r ~e iss~cc of a license, or ~y bulling ~at compli~ wi~ ~1 of ~c h~l~, zoning,
s~kau~ofiz~butnotissu~ at~edmeof~e~dng bulldog and ~[c~ req~emcn~ ~d a~nd~s of
of ~e ]icone is ~e~ i~su~ or sold, ~r~cd er laws of ~e S~ or c~ifo~a ~d ~c Ci~ of ~odca~;
assi~. No m~g~ork p~cddon~'s ~c~ (6) ~e applic~g hi~ ~ iM employccs, agent,
may ~ ~old, ~f~ ~ ~i~ by a license, or any p~, or o~c~, d~Dn, or ~h~hold~s of
o~don of law. to ~y o~ p~on or ~ons. co.radon holding more ~ five (5) ~cent of ~c
(c) Renewal applicadon~ shall r~m such i~o~a- st~ if ~c applic~t is a co~ndon, or any of ~e
don u m.y ~ ~u~ by ~c Police Chief to u~a~ ~c p~s, inclu~ag 1i~ p~e~, it ~c applicm[ i~
infusion con~n~ in ~e o~ginal licens~ application, p~ship, ha~ not ~n conHc~d in a co~ of
~e a~iic~t shall accompany ~e application ~or renew- ~nt j~3~cdon of ~ offc~ involv~g conduct which
al wi~ ~ appropriate filing fee es~b]is~ by resolution r~ ~gis~don u~er C~ifomie Pc~ Code S~on
of ~c Ci~ Council. 290, or of coquet ~ol~dng Pe~! C~e S~don~ 220,
(d) ~1 existing ]iccn~ belden ~h~l have m addition_ 261, 2~.1, 26~. 266h, 26&i. 314.315, 316, 3lg. ~7(a),
~ ~ee (3) mon~ ~m ~e cff~dvc ~ of ~c or~- and ~7~) or convic~ of ~ a~pt ~ co--it ~y of
nance c~ifi~ in ~is chap~ ~o provide p~fofc~cnt ~e a~ve-mcndon~ offen~ m convic~ in any
ce~ficadon o~ ad~t c~diopulmon~ rcs~ci~on and of any offense which if co~in~ or a~mpt~ in
prat of malpracdcc i~nc~ cov~ge. (~ded by O~. s~m. or conspi~y ~ co--it my of ~c a~ve
~219.CS., ~ 1. c~vc ~-3~01) would have b~n pu~s~ablc ~ one or ~o~ of~e above-
mentioned offend, or any ~me involving dishonest,
feud. d~cit, or monl
(7) ~c applicant, hi.er or i~ employees,
p~en, or o~ce~, directo~, or ~h~holdcrs of ~e
co.ration holding more ~ five (5) pcrcen[ of ~o
st~k, if the applicant is a co.radon, or any of ~c
03/14,'02 12:0G
N0.158 P007/014
: : 5-2.302
partners, including limited panners, if the applicant is a marion not yet be available. (Added by Ord. 3219.C~.$.,
partnership, has not been convicted, within the past five § [, e[.fecdve 5-30-01)
years, in a court of competent jurisdiction of any offense
involving the controlled substances designated in Secdons Article 4. M~sage/Bod~,work
11054. 110SS, 11056, 11057, or 11058 et' thc Health and Practitioner Licenfe
Safety Code or violation in any other s~te of an offense
which, if committed in this state, would have been pun- ~-2.401 Contents.
ishable as one or more of the above-mentioned offenses; (a) In addition to r~e information r"quired by Section
(8) The applicant, hi.~/her or [,~ employees, agenu. :5-2.203 of this chapter, each applica6on for massage/
partners, or officers, directors, or shareholders of the bodywork practitioner shall con~n the name, ad,ess and
corporation holding more than five (S) percent of the telephone number o[. the business at which thc applicant
stock, if the applicant is a coq:)orarion, or any of the will be employed.
panners, including limited pannen, if the applicant is a (b) The applicant must f'umish ~ ccr6ficate from' a
parmership, h.,s not been convicted in a court of compe- physician, licensed to practice medicine in thc State of
tentjurisdiction of an offense involving the maintenance Califom~,% showing that the applicant has been
of a nuisance in connection with the same or similar within the previous thirty (30) days in a manner of proof
business operation: by the health officer ~d has been found to be fi.ce of
(9) The applicant h~ not had a license or license for tuberculosis. (Added by Ord. 3219-C.S., § l, effective
a simil~ type business revoked by the City or any other 30-01)
jurisdiction within the put t~u'ee (3) yea,,-~;
(10) The applic~t ha~ ~hown proc)f of m~practJcc $-2.402 lave~tig,tion.'.
insurance as requb'ext by this chapter;
The Police C]~itfsh~ll have sixty (60) days to investi-.?
(11) ]:h-eof of current ce~t']cation of adult cardiopu[. 8ate'th~ application and the back~rou~d of the
monary resuscitation by the manager of the business ~nd i~cluding but not l~mltedto, anypMt criminal convic~n.~
all pracddoner~;
(12) The ,pplicant is not delinquent in payment to the at~thorized agency;'Upon
City of ]Vlod~to of uixes, fees, fines, or penaJdes a~- t~'e'Police Chief shall grant the license if. in addid0n"to
~c~ed aghast or imposed upon the applicant ~sing ou! the finding that the appl.iea~t will work in an establish.
of any other busines~ activity owned or operatt, d by the ment which compli~ with this chaPte'r, the requirements
applicant and licensed by the City. of Section 5-2.403 have been met. (Added by ertl 3219-
('b) The Po]ice Chief' shall provide written no,ce to C.S., § 1, eff~tlve $-30-01)
the applicant of the decision and the grounds therefore as
~oon a.s Possible aft~ arriving a~ the decision. ~ denied, ~-2.403 Approve] or E)~:~ial of
an applicant may reapply if he or ~he can provide evi- (a) After inve.sdga~on, the Poliee C:h~cfsha}l approve
dance r. hat the ground or grouncL~ ['or denial or the appl]- or conditionally approve issuance or renowal of the
cant no longer ex, aL provid~ hewers, that no such cease if' he/she finds:
reapplic,t~on may be made no sooner th~ nine~ (~0) (1) A completed wri~n application form h~ b~n
d~ys after the original application. All licen~e~ issued completed;
punuant to the provi~io~ ofth~s chapter shall beperson- (2) The rcqu~ed applica~on fee has been paid;
e.l to the applicant and nontransferable. (3) Thc applicant ha~ full), cooperated in the
(c) 'The Police Chief is authored ~o i~suc a
rary license if r~]~V'a~t'Dtp'arm~eht 'of sus~i'ce-~r~'~'u~,.'.; .. gation of his or her application;
. (4) The applicant h~ not knowingly m~de any false,
m~'y crirr~n~] history'informati0n is h~t rtcei~;ed within misleading or fTaudu]ent statements in the application:
th~ $ix.tY (~0) day inv~tiget~on, A final d~ision granting {3) The applicant h~ not had, license or license for
or d~y;~' a.license Shall be made afar ccc'
s,.,~..~:,~..--.: ~..~..., :;,~.~;.,~..., ..... ... ,.. ...... r ...lpt..of..sUch a similar V/pe btuiness revoked by the City or any other
a' ..... ' ".~;.; .":::'... :-.,- ....... .: .-:'..=-~r.-~::~':,.~- jurisdiction w~thin the put thtc,e (3)),cars; ..... ....~ ......
gr .nt~ed, ,ts, e ffr-ct~.~ate Sh'~.ll be th~'dai~'~r is;:U~:e Of ~e,'~pPli~an~"h~ '~o~n',~/,oof ~-~alp~.act]~...':.-¥?:
Temporacy licc~es shall be issued for & ninety (90) ~'' (7)' Thc applic~t h~ shown proofoi'cunent certifies.
day period. Thc Police Chief ma), extend such tempc)nu~/ tJon of' adult cardiopulmonaty resuscitation;
]iccns~ should the relevant Dcparm~ent of.hutice infer. (8) The applicant has not been convicted in a co~n
of compelent jurisdiction et' an offense involving conduct
293
03/14/~]2 12:04 NO. 158 P008/014
~ ~. r~m:nal hts~..mfo~at~on, ts not rec=tved ~j.~..
314. 315, 316, 318, ~7(a), 647(b) And ~7(h), or con- 9r~p~n~ a Igense shall be;~n'de ~dft~
vlc(ed of an attempt to commit any of ~e above.men- e~,,.,,,o~y.cTtmm4~ ntam~ ~n.~0~atxon."If
lion~ offends or convicted In any s~te of any offense granted, its effective date shall be ~e date*~-f issuance of
which if committed or at~mpted in ~is state, or co~pir, the tempor~ license.
ney to commit any of ~e a~ve offenses, would have Tempor~ licenses shall issuM for 8 ninety (90) day
b~n punishable ns one er more of ~e 8~ve-mendoned gcd~. The Police Chief may ex.nd such tem~ra~
offense, or any c~z lave]ring dishonesty, ~aud. deceit, lite.e, should ~e relevant Dep~ent of Yustice infer-
or mo~l t~itud~; marion not yet be available. (Add~ by ~d. 3219.C.S.,
(9) ~e applicant h~ not ~n convicmd wi~in ~e fi 1, eff~dve 5-30-01)
past five (5) ye~s, in a co~ of competent j~sdic[ion
o.f any offense involving ~e con~ll~ aubsunces deals- A~cle J, Exemption.
nn~ in S~tions 11054, 11055, 11056, 11057, er 1 [058
of ~ Heal~ ~d Saf~ C~a or violnfi~ in any o~cr 5-2501 Prof~o~
sate of an offcn~ which, if commin~ in ~his s~te, ~ provisie~ of ~is chap~ shall not apply
would hav~ ~n pu~shablc as one or mor~ of ~e n~vc- following classes of ~rse~ while engng~
mcndonM offense; mance of ~e dufi~ of ~e~ msp~dve prof~sioni:
(10) ~e applicant h~ not ~n convict~ in a co~ (~) Physician, s~g~. ch~opracmrs,
of competent j~sdi~on of an offense involving ~e po~a~su, acupunc~s~, or physical 6erapists
m~n~n~c~ of a nuisance in co~ecdon wi~ ~e s~c iic~ns~ to p~c[ice in ~c S~m of California;
or similu b~iness operation; (b) Rc~s~M n~ses or s~te licen~ vocational
(1 l) ~e npplic~t h~ r~ceiv~ a ~g~ or ce~ficate n~cs;
of completion in a co~ of study in m~sag~ywork (c) Hospi~s, n~sing boreas, s~s. or other
at a sch~l or in~dmdon ap~oved p~gu~nt to ~e Cai/. he~ c~e facilities d~y licensed by ~e State of C~iror-
fora ~ucadon C~e wi~ a s~ approved m~sag~ nia;
~ywork C~cul~ of not les~ ~ five hun~ (5~) (d) B~rs. ~udci~s ~d cosme~logism who
ho~s; or h~ r~eivM a c~cat~ of completion in a duly ]ice~ und~ ~c laws of ~o S~[e
co~e ofsmdy a~ ~ insdmfion ou~idc C~ifo~a which, while engaging in p~cdc~ wi&in ~e sco~
in ~e opinion of ~e Police Chief, m~ ~ exce~s ~e licc~cs, }imk~ ~Icly ~ ~c ~saging of ~e neck.
cdteda for approval for s~ch pro~s in C~ifomia; or face, seep, f~t up m ~e ~e, or hah& up m ~e ~st
has succcss~lly p~s~ an independ~dy prcp~ ~d of ~e client. This inclu~f ma~c~stg, nail ~hnici~s
~inist~ national c~ficadon cx~inaOon which is and ~e6ci~s lice~ by ~e S~tc of
~co~iz~ by obj~dve smnd~ ~ f~ly ev~ua~e pr~ ~q~r~ by &e B~ng ~d Co~metolo~
fessio~l levels ofs~ll, ~fe~ and com~nce, ~ deter- (e) ~~ high achaia, junior colleges,
min~ by ~e na~nal co~ission for ce~ing agencio collcg~ or u~versid~ wh~c coaches and ~ne~
~d h~ pr~uc~ ~ acc~ble diploma or cc~catc of acting wi~in ~c sco~ o~ ~e~ emplo~ent;
gradua6on or document es~blishing ~e p~sing of a (0 Tr~nm of ~y ~ate~, smiprofegsional or
nadon~ cc~i~cadon ex.ina[ion, profusions] a~le~ or a~le~c t~ while chasing in
(b) ~ Police Chief g~]l provide ~n nodes ~ ~e~ ~ning r~ibilides for ~d wi~ a~e~s. (A~-
~c applicant of~e decision and ~e ~un~ ~e~fore ~ ~ by ~d. 3219-C.S., ~ 1, e~6ve 5-3~01)
sion of ~e Police Chief sh~l ~ final If deni~, an 5-~02 Sch~g of ~ge.
applican~ may ~pply if he or she can provid~ c~cc Reco~iz~ sch~ls off:ago in ~e Ci~ of M~esto
of ~e ~und or ~oundg of de.al of ~e applicant no ~at w~c in exis~nce on Janu~ 1, 1992, and m~sage
.longer e~sg provid~ hewers, ~at no such r~licadon ~pis~ who ~e eider employe~ or inde~nd~t con-
may ~ made s~ner ~ ninety (90) days a~r ~e ~acto~ of ~ose schools, Studen~ of r~o~ized schools
original application, All licenses issued p~suant to ~e of m~gage in ~e Ciw of M~esto ~at w~re
provisions o~ ~ig chap~ lha]l be ~onal [o ~e appli- on 3anu~ 1, 1992, ue also e~mpt ~om ~o r~uir~-
cant and nontransferable, men~ of ~is chapter. However, ~is exemption does not
().;The Pohce ~h[~f,~,au~o~z~ to issp~.~5~. · apply ir el*er inde~ndent con~tors, employees or
· . E)3×14/02 1~:05
· NO. 158 POOgx014
5-2.$02
se.ices in exchange fora fee, income, or anything of
any value whatsoever within the City of Modes~. (Added ?
5-2,601 Off-Prem~ M~ag~oaywork.
S-2.S03 Hol~tic Prac~[ionen. No ~rson shall ~o~ or administer manage
Holistic he~ prac~tioners who ~e no~edicM hea]~ bodywork techniques a~ eider on-site ~erapy or out-call
c~e therapis~ and ~e a m~sage speciali~ and ~era~u- massag~dywork, as those te~ ~ d~fined hecein, for
t~c ~ppro~ch in c~ing for clienu and who present ~o ~e money or o~er consi~era6on, wl~out ob~ining a mas-
Police Chief pt~f of s~tisfacto~ comp]etlon of one sag~dywork prac~i6oner licens~ p~su~t [o ~e provi-
· o~and (1.0~) ho~ of ins~c6on in ~uch s~ciali~ s;on~ of ~i~ chap~ in conjunc~on wi~ a valid Ci~ of
or ~erapeu~ approach al a ~chool wi~ a ~tate approved Modes[o business license. (Added by Ord. ~219-C.S.,
~ly chafed organ~a~on devoid to ~e ~pecial~ or
· ~a~u~c app~o~h ~e exempt. ~e prac~ce of auch ~S-2.~02 ~ut-C~l Pro~bluea.
h~ c~e ~trapis~ may include o~er ~e~ices such ~ ~? Out call m~a~ ~tk".· -
~c~oncrs of r~fl~xolo~ who p~scnt ~ ~c Police "
pracdce flora a repu~bl~ ~chool of reflexolo~ ~o ex-
.pt. ~o pracGtioner shMI :ub~t ~n~ p~f of S-2.604
m~n~, ~cccp~ble ~ ~e Polio: Chi~f. (i~ by ~d. duct~ in ~e following I~a6ons:
.. ~ pn~ly for ~nsito~ ,~ib~aaon p~se: .......
d~idcs ~uch ~ Rolfing, Hcllc~o~k, ~d Tragcr which o~ec~ve'5-3~01)""': ..... '
~c not "m~sag~" ~ co~o~y ~d~s[~d but which ' ' '
may f~l wi~n ~ defi~6on of m~ag~ywork · i~cle 7. De~ o~ Llce~App~
~e or ~ucbing or o~er con~cL may ~ ~cmpt
~om ~ ~m~nu of~ s~don if ~ p~c6~on~n S-2.701 Proc~urt
~e ce~fi~ ~ p~cdee by ~at m~i~'s ~ning p~. ~: d~ilion of ~e Police Chief to d~ny a
~,guild oro~pror~ssio~org~on.(Add~by b~ywork b~in:~ ]ic:~c or m~sag~ywork
~d. 3219-C.S., ~ 1, tff~6vo S-]~01) pracddon~'~ lic~ mo~ bc appo]~d to ~cCi~ M~ag-
tr or hi~ or h~ d:si~ by ~ appHc~c ~ou~ ~ fol-
5-~0~ Nonexempt ~cfi~ooc~, lowing p~c:
MI individ~ls who me a musag~ sp~ial~ ancot (a) Ho la~ ~an fi~ (15) cnlcn~ days
· cra~udc approach in c~ng for clicn~ whil~ under ~¢ m~ling of ~c notice or denial. ~e applicant sh~l file
"con~l and dir~don" or~y ofm~ ~xempt~ closes of wi~ ~ ci~ Cl~rk a w~t[~n ~qucst for ~ ap~l h~-
individuals ~ lis~ a~ve m~t h~ve a v~id ~sag~ lng, w~ch s~tes ~e s~ific ~un~ for appel.
b~ywork pracddon~ lic~e ~d comply wi~ all ~e (b) ~ soon u p~dcable ~ receiving ~e appeal
req~rem~n~ for ~e iss~c~ of a practitioner license. ~ Ci~ M~ag~, or his or h~r d~i~ee, shall s~t a date
(added by ~d. 3219-c.s., ~ 1, effective 5-30-01) m he~ ~ app~M, which dat~ shMI be no I~s ~an seven
(7) days nor mor~ ~an sixty (60) days flora ~ date
appeal w~ filtd. Th~ Ci~ M~agcr, or his or
05/14/02 1~:06 NO. 158 P010/014
5-~.?0!
shall give each appellant written notice of the time and (c) In the massage/bodywork establishment, wet and
place of the hearing a~ least fifteen (15) day~ prior ~o ~e d~ hea~ room~, stcam or vapor room: or cabinc~, ~ilct
d~te of ~e he.lng, ei~et by causing a copy of ~e no,ice r~m~, showers and b~t~ms, tanning b~s, whidp~l
~o ~ delivered to ~e appellan~ ~rsonally or by ca.tried baths, and pools shall be ~oroughly cleaned ~d disin-
mail ad~ess~ ~o ~he appellant at ~e ad~ss shown on fccted as need~, and mt leas~ once each day when ~he
~e appeal. Continuances of ~e he.ag may ~ granted premises ~ open, with a disinfec~nt. Ba~tub~ shall
by ~e Ci~ Manager, or his or designe~, on ~qu~si of th~ Iho~ughly cleaned wi~ a disinfcc~nt after ~ach ~e. All
appellant for g~d cmuso shown, or on ~e Ci~ walls, ctilings, Aoor~ando~erphysical f~ilMes for~e
M~agtr's own mo6on. ~c hc~ng $h~ll ~ info,al, establishment shall be in g~ repair and mgnuinM in
At ~e he~ng, ~ Ci~ Mlnag~r or his or her d~i~¢e a clean and $ani~ condition.
shall he~ ~e ap~llant and any wimtsses ~d :hall (d) MI equipment us~ in ~e massag~dywork
dcte~in~ ~ issue. U~n conclusion of~¢ h~ng, th~ o~rafion $h$1 ~ mainuined in a clean and
CiW Manager or his or her design~ shall render a deci- condition. Ins~men~ ufiliz~ in pedo~ng manage or
sion. The decision of ~e Ci~ Manager, or his or her b~ywork techniques shall not be u:~ on more ~an one
designee, shall ~ final. (Added by Ord. 3219-C.S., ~ 1, (1) client unl~$ ~=y haw b==n st~li~, using
effective 5-3~01) s~filization
(t) Clicnu of ~e ~sag~ywork establishment
S-2.702 Borden of Proof, shall ~ fumish~ wi~ a ~sln$ room. Dressing
Unless o~e~ise s~cifically prohibit~ by law, ~e will bc u~ only by cli~n~ of ~ s~¢ sex at ~e
b~en of p~f is on ~ applicant or }icen~ in any fim~. ~ssin$ r~ n~ not ~ scp~a~ ~om ~
he~ng or o~er mawr under ~is chapter. (Add~ by in which ~c musagc is ~ing ~o~.
~d. 3219-C.S., ~ 1, eft<five 5-3~01) (0 Toilet fadlific$ sh~l ~ pmvidM in conwni~nt
I~afion$ wi~in ~ ~sag~Mywork ~blis~cnt
A~clc 8. Fac~ ~d sh~l comist of at l~t on~ (1) uMscx ~ilct wi~ lavato-
Ope~ Requlremen~ ~es or wuh basins p~vi~ ~ soap ~d ~ hot and
cold ~in8 wn~ ~i~¢r in ~ toilet ~m or v~Gbule.
5.2,801 Requi~menB. (g) A ~ of on~ (1) wash b~in for employees
Ev~ m~sag~dywork cs~blis~ent ~d ev~ shd] ~ provid~ at dl times. ~c basin shall ~ loca~
m~sag~mk practitioner shall comply wi~ ~ wi~n or M clos~ ~ pracficabl~ ~ ~ ~ devoid to
following facilities end o~ratio~ ~u~men~. ~o~in8 of ~sa~e or ~ywork ~mices. Soap and
~0 Police Deplane sh~l, ~om time ~ fim~. ~ sanit~ towels shall ~o ~ provid~ at Meh b~in.
an i~s~fion of ~ch m~sag~ywork es~blii~tnt (h) ~e m~g~ywork ~ublis~ent liceme
for ~ p~ of detaining compline wi~ ~is a copy of ~e }ice~ of ~ch ~d ev~
chapel. ~dywork pracfifion~ employ~ in ~e
(a) ~e m~sag~ywork esublishment ~emi$~ shall bc display~ in ~ o~n and conspicuo~ place on
and facilifi~ sh~] meet ~d ~ m~n~n~ in a condition ~e p~mis~. M~sag~work prac~on~ sba}}
to comply wi~ ~1 ~pplicabl~ c~ ~u~e~nu of ~¢ ~lly clo~ at all ~. Clo~in$ ~h~l be of a
Ci~ of Mod~to. including, but not ]i~ to, ~oso opaque, non-~n~nt ~ ~d p~vide ~ cam-
rela~ ~ ~e safety of s~ct~s, ad~cy of ~e ple~ covering ~om ~d-~igh to ~ (3) inches ~low
pithing, lighting, heating, ventilation, waj~r~fing of ~ coll~ne.
~ms in which show~$, w~ or :t~ ba~s ~e us~, 0) %~ o~er, op~tor or manag~ of ~
and ~e he~ and cl~nBness of ~e facili~. ~ywork ~ub]hhment ah~l k~p a complct~ end c~-
(b) Massag~ywork esmblhhmenu ~d mus~g~ rent list of ~¢ nmos ~d r~idenco ad~sse$ of all
bodywork ~acfifioncn shall at all times have ~ ad~ua~ ' m~sag~ywork pracfi~oncrs and employe~s of
supply of clean sani~ towels, coverings and linens. ~:~g~d~ork ~blis~ent ~d ~ n~ and
. Towels, nondisposabl~ coverings, ~d lin=~ ~hall not b~ ~sid~nc~ ad,eases of ~c manager et managing ~ploy-
used on mo~ ~an on~ (l) clienL u~s ~y h~ve f~st ee p~o~M ~ ~ ~ncipally in ch~ge of ~e op~afion
been launder~ ~nd disinf<~. Disposable ~wels and of~e m~sag~ywo[k ~ublishment. ~i$ ~st~r
disposable coverings shall not be ~ on more ~an one b~ k~t at ~e ~ise: and be available for inspection by
(1) client. Soiled linen$ and paper towels sh~l de,sited officials ch~ged wi~ enforcement of ~ia chapter.
in :opiate ~ccpuclcs. 0) EY~ ~ag~ywork ~blis~ent ~hali
a ~tten record of ~e da~ and ho~ of each
~JJ~ 1,-':~'t NO. 158 P011/014
: = 5-2.801
administered, ~e name and address of each pa~on, ~e (1) Ex.se the sexual or genital p~ o~ ~e iicense~
name of~e masseg~yworkpr~ctitioneradminlste~ng employee in ~e course of a massage~odywork loch.
~e~ent. and ~e type o[ ~ea~menc administered. Such nique; or
w~en ~ecord shall be open ~o inspection by officials (2) ~xpose ~he sexual or genital p~ o[ any
ch~ged w~h ~e enforcement of ~i~ chapter. Such record person in ~e co.se o[ a massag~ywork technique.
shall be kept on ~e premise~ or ~e massag~odywork Sexual and genital p~s shall ~ncNde ~ 8eni~ls,
es~abllshment for a ~d~ of ~o (2) ye~s. anus, pe~neum of any person and ~e breasu of any
(k) No ~rson shall enter, be, or remain in any p~ female.
of ~ massage~ywork es~blishmen~ while in ~e ~s- (el No licensee or employee o~ a massag~ywork
session of, consuming, or ~ing any ~g excepl a pre. es[ablishm~nt shall place, publish or dis~bute or cause
sc~p~on ~g. The responsible owner, operator, manag- to ~ placed, published or dis~buted any advertising
ing employee, manager or licensee sh~l not p~it any manor ~a~ depic~ ~ny ~on of ~e human ~dy
such ~rson to enter or remain u~n such premises, would re~onably suggest to prospective customers that
(I) ~vc~ massag~dywo~k es~blishment shall be any s~iccs available ~at i~ prohibited under ~is chapter
o~n at all ames d~in8 b~iness ho~s for ins~cdon by nor sh~l any m~ag~ywork establishment employ
any o~cer of ~e Ci~ of Modesto. lenguag~ in any adve~sing mxt or business n~e
(m) ~1 exterior d~rs shall remain unl~ked flora ~c would r~onably suggest to a prospective clienl ~at
inside d~ng b~Jnes~ ho~s. A pe~son opiating a mas- se~ice is avglable ~at is prohibited under ~is
sag~odywork e~blis~ent shall ~ responsible for ~d (0 A m~sag~ywork practidoner shall no[ violat~
provide ~t s~d premis~ sh~ll, d~ng business ho~s, ~e provisions of Sections ~?(a) and (b) of ~ C~ifomia
b~ t~di~y accessible ~d open for i~ction by law Pe~ C~c, or my o~ s~[e law involving a ~me of
enforcement o~cers for ~e p~se of Ioc.~ng evidence mo~l ~imde, ~d such practices shall no~ ~ ~low~
· ,~ would subs~n~ate a viola~on of ~e provisions of er ~d by ~e musag~ywo~k establishmen[
· is chapter.
lice~ee.
(n) No ~g~ork ~b~s~cn~ sh~l a~. (gl A massag~ywork practitioner ~hgl not m~.
neo~ly o~ ~ ~ sch~l of m~s~ge, or shoe f~ilid~ sage a client of one se~ wi~n ~e ~ew of a client of
wi~ a sch~l ofm~sage or ~ywork ~hnique. (Add~ op~si[e ~x, ~d such practices shall not ~ ~low~ or
by ~d, 3219-C.S., ~ 1, effective S-3~0D ~ by ~e m~g~~k ~bli~ent lice~-
ce, P~enu, ~s, ~sla~rs or c~egivers ~e ex-
A~cle 9. Pro~b[~ Coaducl clud~ ~om ~ requ~ement.
App~ble to M~g~odywork (h) P~f of ~owledge of ~y violation of ~is sec-
B~ ~d Pracflllone~ ~on shall not ~ r~M to b~ shown wh~e a m~sag~
5-2.901 Pro,bi,oas ~ywork ~ublis~ent lice~e is s~pendM or revokM.
(i) This chap~r d~ not prohibit ~a s~ of m~-
Ca) M~sag~ywo~ ~h~qu~ shall be provid~ ch~e at re~l. (AddM by ~d. 3219-C.5., ~ I, cffec-
or given at a duly licens~ ~sag~ywork ~ablish- ~va
merit o~y betw~n ~ ho~ of 6:~ a.m. ~d 10:~ p.m.
No m~ag~dywork ~ublishmen~ sh~i ~ open to A~cle 10. S~pe~on ~d
clienu between 10:~ p.m. ~d 6:~ a.m. et Llce~ ~d Appe~ Therefrom
(b) ~coholic ~veragcs may ~ s~ or ~shM
on ~c pre~s~ if ~ liccns~ ~ceiv~ a s~i~ event 5.2.1~01 Gro~ got Smpo~lon ~d
~it flora ~a Chief of Police and salaries ~y ~d ~1
req~emenu of ~ ~aoholic Bevwage Con~ol Dep~- (a) ~e Police Chief may ~c ~ r:naw. ~vok~ or
mcnt applicable to such s~ig even~ ~ sga ofgcohol s~nd any licc~: ~n~ und~ ~is chapter on ~e
on ~e pre,scs is prohibi~d. ~oun~ ~at ~ applic~t or lic~m~ holder h~ f~l~d
(c) No owner, m~ager, operator, r~sponsibl~ manag- comply wi~ ~e license condifio~ or o~ requireman~
ing employs, or license shall ~m~i~ and no m~sag~ of ~s chapter. If a su~nd~ licens~ lapses d~ng ~e
bodywork practitioner shall offer or p~o~ any se~ice s~nsion p~M. a new application m~t b~ made at ~e
o~r ~an ~ose p~iu~ under ~is chapter, end of ~ sus~nsion ~od.
(d) No licens~ or employee of a musaS~ywork (b) ~ Police Chief may revoke or refus~ to renew
esablishment shall: a m~sag~dywork b~in~ss license iff h~ or sh~ m~
any of ~ha findings for dani~ of a licen~ under
~J~I4/~2 12:08
NO.15B P012/014
¢
$-2.1001
5-2.302 or upon any subsequent violation of any provi, notice of imenl to suspend, revoke or refuse to renew
sion within one (1) year following a prior suspension license. This notice shall state the reasons for the pro- "
under this chapter or upon demons~ated inability to posed action, the effective date of the decision, the right
operate or manage the massage./bodywork establishment of the applican! or license holder to appeal the decision
in a law abiding manner, thus necessitating action by law to tho City Manager, and that the decision will be final
enforcemen~ officers or in such manner as to constitute if no appeal is filed within the time permitted. (Added by
a menace to the health, safety, or general welfare of the Ord. 3219-C.S., § 1, effective 5-30-01)
public.
(¢) The Police Chief may surrunarily s~pend a mu- 5-2.1002 Appeal of Revocation or
sag~:~ciywork establishm~t license for a period of thirt~ Suspc~ion.
(30) days for ~ch violation of this chapter or may sum. No later than t~n (10) calender days after mailing of
marily suspend a massagt/bodywork; practitioner's license notice of revocatJon, suspension, or denial of renewal, the
for a period of thirty (30) days for tach violation of this licensee may appeal thc Police Chief's decision lo the
chapter.
City Manager by the procedure for appeal as set forth in
(d) The Police Chief may revoke or refus~ to renew Section 5-2.601 of this chapter. The beau-Jag and notice
a m~ssageJbodywork practitioner's license if he or she of the decision shah be given in the same manner as
m~tkes any of the findings for denial of a license undo provided in Section 5-2.601 of this chapter. The decision
Section 5-2.403 or upon any subsequent violation of any of the City Manager, or his or her designee, shall b~
provision of this chapel' within one (1) year following a final. (Added by Ord. 3219-C.S., § 1, effective 5-30-01)
suspension authori:z~ under this chapter.
(e) The Police Chief may ~evoke, su~nd or refuse 5-2.1003 Burdea of Proof.
Io renew any license il' any of the following are found: Unh~s otherwise specifically prohibited by law, the
(J) Thc lJcense~ does not posse, ss the qualifications burden of proot' is on the applicant or licens~ in ~ny
for the lice~e as required by this chapter; hearing or o0~er matter under this chapter. (Added by
(2) The license has been convicted of any violation Ord. 3219-C.$., § I, effective 5-30-01)
of any provision of this chapter;
(3) The licensee has engaged in conduct or ope:rated Ar'Ucle Il. License Duratioa nod
a rnn~sagedlxxlywork establislunent or is engaged in Continuing Education C
conduct as a ma.s~ag¢ therapist or bodywork practitioner
in a rnntmcr which violates this chapter, any conditions 5-2,H01 DurnUon.
of the license, or any of the laws which would have b~en Any license i~sued undo' this chapter sh~l be valid for
~roun~ for denial of thc license; nye (2) yeah flora the d=~ of issu~ce unlus revoked
(4) There is fraud, material misrepresentation, false or suspended. (Added by Ord. 32l~-C.S., § 1, effective
statement, or omJs~ion of a ma~:riaJ fact in any applica- 5-30-0])
don for a iicen.r,~ or in any aupp}emenud mat~.rial;
(5) An activity authorized under the license has b~n 5-2.1102 Renewal.
conducted in a.n unlawful manner or in ~uch a manner ~ (a) A licensee may apply for a renewaJ of a license
to consri~e a menace to the health, safety, or general thirty (30) days prior to the expiration of the license. If,
walf~r¢ of the public; or upon lh~: thirty-first day after the expiration of a license.
(6) Upon a recommendation from the City officials an application of renewal has not b~n received, the
which states that such bmines~ i~ being managed, con. license shall be d~emcd cxpLred. Any ]icense issued under
ductecl, or maintain~ without regard for public safety or this chapto' shal} be returned to the Police Chief within
public health.
forty-eight (48) houri of its exp~tion. No privilege to
(7) ]:or purposes of this section, licensee, in the c~ provide m~ssage shall exist until an application for
of a massagedbodywork establishment, shall include thc newal has be~n gzant~. At'~r a license expires, a n~w
managing r~ponsible officer or managing employee, application may b~ file&
t (f) When the Police Chief conclud~ grounds for (b) To renew alicense under this chapter, tho licensee
den. iai, suspension, revocation or refusal to renew a Ii- shall pay the City a nonreRmdable fee in an amount set
cens,~ exists, the Po]ic~ Chief shall sn'v~ the applicant or forth by resolution established by tho City Council. A
license holder, either personally or by certified mail copy of tho rcceipt for the non-refundable fee shall
addressed to the bu. sinus or residence addr~s or thc company thc application for renewal.
applicant or license holder, with a notice of denial or
~o ~.o)~ 296-2
., 83/14/82 12:09
.~ N0.]58 P013/014
$-2.1102
(el After investigating ~e application forrenewal, the (c) A violation of any of Ibc provisions or I'ailing 1o
Police Chiershall renew the license i~' the licensee contin, compl), with any of the mandato~ requirements o~
ues [o meet the requiremen~ for ~hc issuance o[ a license,chapter shall constitute a misdemeanor: except that not.
and none of ~he grounds for denial of a license :et ro~ wi~s~anding any o~er provision of ~is C~e, any such
in ~is chapter exist Th; Police Chief ~haH r~new ~e violation constituting a misdemeanor under ~is
license within ~h~ny (30) days of such request if (he may, in ~e discretion of ~e City Attorney, be Ch~ged
info~aflon upon which ~e or[ginal application was and prosecuted as an infraction. Any violation of
granted remains unchanged and no violations of
chapter have ~en committed. (Added chapter prosecuted as a misdemeanor sh~l ~ punishable
~ l, effecfiveS.3~01) byOrd. B21g-C.S., bra ~n~ o~ no~ more ~an one ~ou~and
($1,0~.~) or by impdsonmem in ~e County 7nil for
S-2.1103 Renew~ Pr~s. peri~ of no~ more ~an six (6) monks, or by bo~ fine
and imprisonment Any in~ac~on pros~cut~ under
Liccnscs may ~ renewed cve~ two (2) yc~s by fiJing provisions of ~is chap~r shall ~ made punishable by
~ application for renews)underpcnal~o~pe~ u~az- fine not to excc~ five hunted doll~ [$5~.00).
lng info.salon in ~e original applica~on provided Io ~ (d) Each person shall b~ Chug~ wi~ a
Police Chit~. (Added by ~d. 3219-C.S., ~ ~,
5-]~01) offense for each and eve~ ~y d~ng which any ~ola-
don of ~y provision of ~is chapter is commitS, con-
~inu~ or pt~ined by such penon ~d sh~]l, UpOn con-
5-2.]1~ Con~u~g ~u~on. vic~on, ~ pu~sh~ accordingly.
At ~c ~m~ o[ renewal, ~ applic~t sh~l pr0vid~ (c) ~:u~t to ~e Ci~ A~cy's Pmstcmodal
vcdfica~on o$ continued mcmbenhip, in g~ sanding, discrc~on, ~ Ci~ ~y cnfo~ violations of~is chapter
of a sale ar national professional ~s~iation ~ r~u~cd ~ ~n~l. civil ~or a~i~s~dvc violations udlizing
by s~ific sections o[ ~; chapter ~or v~ficadon ~a~ adminis~adve rem~ies.
· e licensee h~ P~cipat~ succ~ss~lly in continuing (~ h is ~e du~ of ~e Police Chief to enforce roles
~uca~on pm~s consisting of a ~nimm or twenw, and re. la,ohS in accordmce wi~ ~is chap~. (~d~
fo~ (24) ho~ of rela~ come work of which a ~ni. by ~ a~lg-C.S., ~ 1. eff=fiv~ 5-3~01)
mm of twelve (12) ho~s shall ~ approv~ by aquali.
fi~ m~sage ~ia~on ~ defin~ in ~is chapter. In- S-2.11~ Sevenb~.
~mship horn, ~ defin~ in S~on ~-2.1~(a), sh~l no~ If any sec~on, subs~on, sentence, clause or p~ase
safis~ ~a con~nuing ~ucadon r~uirement. Any quali, or ~is chapter is for ~y reuon held ~ be inv~id or
fi~ ~ng receiv~ by ~: licensee ~d presented ~ uncons~mtional by a decision of any corn of core,tent
compli~ee wi~ ~e con~n~ng ~uca~on r~ement h~ j~sdiefion, such dec,ion sh~l not affect ~e v~idi~ of
a ~ree ye= llfe only. (Add~ by ~d. ~21~-C.S., ~ 1. me remai~ng ~nions of ~is ch~p~=r. ~e Ci~ Council
eff~ve 5-3~01) '
he.by decl=es ~at ii wo~d have p~s~ ~ o~nance
5-2,1105 Violation ~d Pen~. codifi~ in ~is ehapt=, and e~ch ~d evew
sub~on, sentence, cla~e or p~e not d=l=~ inv~id
(a) It is ~a~l ~or ~y p~n, ~s~ia~o~ fm or ~eom~m~on~ wi~out reg~d to whe~ any po~on
or eO~ra~on ~ engag~ in, conduct orc~ on, or to °f~sehaPur would ~ubs~uenfly d~l=~invdid or
P~t mbc engaged in, conduct~ or e~ed on. in or un~mtm~on~. (AddM by ~d. a219-C.S,, } 1,
u~n any P~s=. ~e b~in~s ofm~sag~ywork or 5-3~01)
Io r~nder or P~ir m ~ render~ musage or b~ywork
semites at a location mmov~ from a mu~g~ywo~ 5-2.11~ Employment ~r ~~od~ork
business in ~e absence ora license issuM Pm~nt m ~e
provisions set fo~ in ~is chapter. TeStis.
No license, m anag~, or o~er/opu~or ora
(b) ~y mmssag~dywork business operazed, con- ~ywork es~blis~em shall ~low or p~it a penon
ducz~, or m~in~ned con~ zo ~ pro~sions of ~is to ~i~ster musag~ywork for such
chap~r shall be unla~ul and a public nuisance, and ~e unless ~e practitioner poss~s~s a valid massag~
Ci~ Attorney may. in ~ extrcise of discre~on, in addi. bodywork t~chnician licenso under ~e provisions of ~is
6°nt°orinlieuOfpros~u~nga~minalacffonh~reun. chapz~. It shall be ~ ~nsibiliz~ of massage/
der, co~enee an ac~on or actons, preceding or pr~ ~d~work cs~blishmcm licensee zo ~ns~ ~az each
ceedings, for ~e abaz~menL ~moval and enjoi~enl p~on cmploy~ ~ a practitioner shall F~:t hav~ o~
· ereof, in an~ manner provided by law.
(Mo~zfo 1.01)
03,"14/02
12:10 NO. 158 P014/014
, 5-2.1107
rained a valid license under this chapter. (Added by Ord.
3219.C.S., § l, eft'ectjve .5-30-01)
S-2.1108 Rastricted License.
A license issued under this chapter is rts~cted and
does not confer any propc~ rights or priviltges
hold,r, and ~e hold~ thereofd~s not haw any Hght to
r~newal of such license. ~ Police Chief may, without
h~ng, i~suc an order suspending ~e licensee'~ right to
further exercise any p~vlleges ~anted under such a
license ~nding ~nal de~ination made after fo~al
h~ng ~ provid~ for above. (Added by ~. 3219-
C.S., ~ l, effec~ve 5-3~01)
S-2.11~ B~ln~s ~fion Change.
Upon a request to change ~e Ioca~on of a m~ag~
~dywork es~blishmen~ an applica~on to thc Police
Chief shall ~ made and such applica~on shall ~ ~ant.
cd. pmvid~ all applicable provisions of ~is c~c have
~n compli~ wi~ by ~e applicant. (Add~ by O~.
3219-C.S., ~ 1, e~dv~ 5-3~01)
8-2.1110 S~c or T~er of M~
B~ywork ~bl~ent Inter~
~e sale or ~sf~ of any interest in ~y m~sag~
b0dywork cs~blis~ont sh~l ~ re~n~ to ~e Police
Chief at I~ast ~n (10) days p~or to such s~e or
~e p~ion ob~ining such int~est shall file a new licens~
applica~on ~d an investigation conduced
provlsion~ of ~is chap~. (Add~ by ~d.
1, cff~v~ 5-30-01)
8.44.010
Chapter 8.44 year. Permits issued to such annexed entities shall be in
addition to those issued on the basis of population, without
FIREWORKS* the necessity of being selected by drawing.
4. Those applicants having first obtained a permit or
Sections: license from the State Fire Marshall under Part 2, Division 11
8.44.010 Definitions. of the Health and Safety Code of this state.
8.44.020 Permit required. B. All recipients of fireworks permits except those
8.44.030 Applicationmlssuance--Fee. specifically exempted in subsections A.3 and C. herein, shall
8.44.040 Regulations. be selected by a drawing Coy lot) conducted by the city
8.44:050 Revocation. manager or his/her designee not later than April 10th of each
8.44.060 Appeal. year.
C. The total number of ftreworks permits to be issued
* Prior history: Prior code §§ 14.40.010~14.40.060 and Ordinances shall not exceed one permit per four thousand population, or
2756, 2805, 2917, 2975, 3086, 3147 and 3452. portion thereof, in the city, as set forth in the prior calendar
year annual report of the State DepartmentofFinance, but not
8.44.010 Definitions. less than fitly; provided, however, any person applying for a
Whenever used in this chapter, unless a different meaning fireworks permit who had such permit in 1994 and also in
clearly appears from the context, the words set out in this
section shall have the following meanings: each subsequent year shall be issued a permit if otherwise
A. "Applicant" means those persons defined in Section qualified without being included in the drawing,
notwithstanding the fact that such issuance may increase the
8.44.030(A) (!) through (4). number of permits to more than.that allowed herein.
B. "Person" means an individual, partnership, group,
corporation or association of any nature whatsoever. (Ord. D. Applications for fireworks permits shall be
4042 § 1,2002: Ord. 3640 § } (part), 1995) submitted by the "applicant" (as opposed to the fireworks
vendor) commencing March I st through March 31 st of each
8.44.020 Permit required, year. No applications shall be accepted by the city after
It is unlawful for any person to sell or offer for sale or March 31st of each year. Applications for the drawing
expose for sale within the city any fireworks in violation of referenced in subsections 03) and (C) above need not include
this chapter or without having a valid permit therefor in the State Sales Tax number nor will require items 3 through 8
of the application form. Those applicants successful in the
accordance with the provisions of this chapter. (Ord. 3640 § 1 drawing shall have until May 15th to complete their
(part), 1995) applications and submit the required fee(s).
8.44.030 Application~Issuance~Fee. E. Except as modified by subsection (D) above,
applications for fireworks permits shall be made on forms to
A. A permit for the sale ofsafe and sane fireworks may be fumished by the city manager or his designee, shall be
not be issued except to the following applicants:
1. A nonprofit organization or corporation organized signed under penalty of perjury by the applicant and shall
and existing primarily for veteran, palxiotic, religious, require the following informationanddocuments:
welfare, charitable or civic-betterment purposes, organized 1. The name, address and telephone number of the
nonprofit organization or retail business establishment for
and established in the city at least one year prior to the filing which application is made;
of application for permit under this chapter and having a bona 2. The applicant's business tax certificate number if it
fide membership of at least thirty-five members.
2. Retail (for profit) business establishments which is a retail business establishment, and the name and address of
have, for a period of at least one year prior to the filing of an all owners of such business;
3. The location of the proposed fireworks sales;
application for permit under this chapter, held a valid business 4. The purpose of the nonprofit organization or
tax certificate issued by the city under Chapter 5.02 of this
code; provided, no such permit shall be issued to any such corporation, its principal and permanent meeting place; the
retail business establishment unless such establishment was approximate date of its establishment in the city; the total
number of its local membership; the names and addresses of
issued a permit the previous year. its officers;
3. Any entity which held a permit issued by Kern 5. A plot plan, showing the location of the temporary
County for a particular location the previous year, which
location was subsequently annexed to the city within the past fireworks stand, utilities, location of permanent and
{Bakersfield 44)2) 3 10 -
8.44.030
~. '. :. temporary structures, curb cuts and/or driveways and F. Location of temporary stands may not be changed
identi lying the nearest available sanitary facilities, and fire after an application is filed except as required by the city,
hydrants. For those applicants who were issued a or where there is evidence of change in property
fireworks permit for the preceding year, the plot plan must oWnership or management and prior approval or consent
be submitted with the application package. For those has been revoked by the new owners or managers.
applicants successful in the drawing, plot plans must be G. No one organization business, group or person
submitted by May 15th of each year. Plot plans will be may receive more than one permit for fireworks sales
approved or rejected by the Fire Department by June 15th. during any one calendar year.
Amendment will not be permitted to any plot plan rejected H. All permits issued under this chapter shall remain
subsequent to -the March 31st application deadline for in effect from noon on July I st to noon on July 5th unless
renewal permits or the May 15th deadline for successful earlier suspended or revoked.
drawing applicants, except to correct any violation of the I. The applicant shall pay a fee not to exceed the
minimum distance separation as required by Section cost of processing any such application and inspecting
8A4.040(F); such business as set forth in Section 3.70.040.
6. A written authorization from the owner of the J. Permits may be issued with conditions to ensure
location or person in lawful possession thereof, if other that the business will be operated in a safe and legal
than the applicant, for the locating ofthe business upon his manner, will not disturb the peace and quiet of the
or her property; neighborhood and will not constitute an undue burden on
7. Evidence, satisfactory to the city manager or his city resources. (Ord. 4042 § 2, 2002: Ord. 3640 § I (part),
designee, of (1) general liability insurance providing 1995)
coverage on an occurrence basis for bodily injury,
included death of one or more persons, property damage 8.44.040 Regulations.
and personal injury, with limits as required by the city; and A. Those fireworks which are classified as
(2) workers' compensation, with statutory limits and "dangerous" fireworks under Section 12505 of the
employers liability insurance with limits as required.by the California Health and Safety Code are prohibited, except
city. All policies required of the applicant hereunder shall that such fireworks as are defined and classified as "safe
(. be primary insurance as to the city, its mayor, council, and sane fireworks" in Section 12529 of the California
~ ~'- officers, agents, employees and volunteers and any Health and Safety Code may be displayed, sold and used
insurance or self-insurance maintained by the city, its pursuant to the provisions of this chapter and not
mayor, council, officers, agents, employees and volunteers otherwise.
shall be considered excess insurance over and above the B. No permit holder shall shout, make any outcry,
applicant's insurance and shall not contribute with it. The blow a horn, ring a bell or use any other sound device
applicants shall save, hold harmless and indemnify the including any loudspeaker, radio or amplifying system
city, its officers, agents, employees and volunteers from all where sound of sufficient volume is emitted or produced
claims, demands, damages, judgments, costs or expenses there from capable of being plainly heard upon the streets,
in law or equity that may at any time arise from or is any alleys, parks or other public places.
way related to any work performed by applicant, his C. Any permit issued pursuant to this chapter shall be
agents or employees under the terms of any permit issued nontransferable, and shall be valid only as to the applicant
under this chapter; and location provided on the application for such permit,
8. Cash bond in the sum of one hundred dollars, to or as set forth in Section 8.44.030F. Locational preference
be forfeited to the city in the event the permittee fails to shall be given for the consecutive use of a particular
remove said stand, equipment and rubbish fi'om the location by the applicant as established by the previous
premises upon which the stand is located before twelve year's approved plot plan assuming all other provisions of
noon on July 15th of the year for which said permit is this ordinance are complied with. If 'two or more x/
granted. The cash bond shall be returned to the applicant applications for new stand locations are within the
upon full performance of the requirements of this chapter; minimum four hundred foot distance requirement of each
9. Approval fi'om the public works department ofthe other, preference shall be determined by a drawing
city that operation at the fireworks stand at the proposed conducted by the city manager or his/her designee.
location will not present any substantial hazard to D. Except as expressly permitted by and in
vehicular or pedestrian traffic, accordance with the provisions of Chapter 12.44 of this
code, the sale, offer to sell, advertising or display of
3 I I (Bakersfield 4-02)
8.44.040
merchandise on any street or sidewalk in the city or roof of K. Each stand in excess of twenty-four feet in length
the fireworks stand is prohibited, must have at least two exits. Each stand in excess of forty
E. All retail sales of safe and sane fireworks shall be feet in length must have at least three exits.
permitted only from a temporary firew°rks stand and the L. Each stand shall be provided with not less than
sale from any other building or structure is prohibited. The two 2A 10 BC-type fire extinguishers, underwriter
sale of any other items or commodities (e.g., consumables) approved, in good working order and easily accessible for
in conjunction with the sale of safe and sane fireworks is use in case of fire.
strictly prohibited. M. No person shall light, or cause or permit to be
F. No fireworks stand shall be located within one lighted, any fireworks or any other article or material
hundred feet of any gasoline storage or gasoline pump or within any such stand, or within .fifty feet thereof.
any garage or within thirty feet of any other building, or N. No smoking shall be allowed in any stand, nor
within four hundred feet of any other fireworks stand, within fifty feet thereof. "No smoking" signs shall be
when measured closest point to closest point, prominently displayed.
G. Fireworks stands need not comply with the 0. All weeds and combustible material shall be
provisions of the building code of the city except that the cleared from the location of the stand, including a distance
building official shall have aut. hority to require that stands of at least twenty feet surrounding the stand.
be constructed in a manner which will reasonably ensure P. There shall be at least one adult in attendance
the safety of attendants and patrons. Fireworks stands may during the open _or sale hours of the fireworks stand. No
utilize shading devices such as canopies or awnings forthe minor under the age of eighteen shall be permitted in a
convenience of patrons subject to the following stand.
limitations: Q. Ail permits must be posted in a conspicuous
1. The location and dimensions must be shown on place.
the approved plot plan; R. Fireworks shall be sold only between the hours of
2. Cannot cover or impede any public rights-of-way; twelve noon, July I st, to twelve noon on July 5th.
3. Must be fi'ce standing (not anchored or tied to any S. Permittee shall strictly comply with all provisions
public property such as light or electrical poles); of the State Fireworks Law (Sections 12500 et seq. of the
4. Must not cover the booth or any portion thereof; Health and Safety Code).
5. Must meet all Uniform Fire Code specifications as T. The fireworks stand shall be removed fi.om the
adopted by the city, including flame retardancy and set- temporary location by twelve noon on July 15th, and all
back requirements; accompanying litter shall be cleared fi'om said location on
6. Must provide shade fi.om the top only (no sides), or before said time.
Banners, signs or other items on or hanging fi.om the U. Night watchman accommodations shall not be
awning or canopy are prohibited; closer than twenty-five feet from the fireworks stand.
7. May not reduce the number of parking spaces V. No fireworks shall be placed in any fireworks
required by the traffic authority; and stand until a permit for such stand.has been issued by the
8 Display or sale of fireworks from the awning or city.
canopy area is prohibited. W. Any person who receives a notice to correct any
H. Fireworks stands shall be located only in a C-1 violation of these regulations or any other condition of the
zoning district or a zoning district less restrictive than C-l, permit, and who fails to .correct such violation within the
unless located upon property owned and occupied by a time prescribed in the notice, may be assessed a fee not
church and/or school, which church or school is either a exceeding the city's cost of reinspection in accordance
legal or legal nonconforming use of such property, with Section 3.70.040 of this code. (Ord. 4042 § 3, 2002:
I. All temporary stands for the display and sale of Ord. 3892 § 1, 1999; Ord. 3640 § 1 (part), 1995)
fireworks shall obtain an electrical permit from the city
building department, if electrical current is utilized or 8.44.050 Revocation.
necessary. Any permit issued pursuant to this chapter shall be
J. If a toilet is not immediately available during all immediately revoked by the city manager or his designee
open or sale hours of the fireworks stand, then an whenever he finds:
approved chemical one must be provided. A. That misrepresentations were made on the appli-
cation; or
(Bakersfield 4-02) 312