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08/19/2002
B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMI'i-I'EE of the City Council- City of Bakersfield Monday, August 19, 2002 1:00 p.m. City Manager's Conference Room, Suite 201 Seconal-Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT JULY 22, 2002 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Review, discussion and recommendations regarding City Voting Delegate and Alternate to the League of California Cities Annual Conference B. Review, discussion and recommendations regarding Massage Ordinance modifications to allow mobile massage C. Review, discussion and recommendations relating to the regulation and location of taxi stands 5. NEW BUSINESS A. Review, discussion and recommendations regarding Downtown street closure process B. Review, discussion and recommendations regarding Volunteer and Adopt-A-Highway Programs insurance requirements 6. COMMI'I'I'EE COMMENTS 7. ADJOURNMENT DRAFT B A K E R S F I E L D Alan Tandy, (3~/Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND .LITIGA~TION COMMITTEE Regular Meeting Monday, July 22, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:06 p~m. Members-present: Counciltnember Sue Benhfim, Chair Councilmember David Couch Councilmember Jacquie Sullivan, arriving 1:12 p.m. 2. ADOPT JUNE 17, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. CONTINUING REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING MASSAGE ORDINANCE MODIFICATIONS TO ALLOW 'MOBILE MASSAGE City Attorney Bart Thiltgen explained the proposed draft ordinance on massage/bodywork establishments, stating a few modifications needed to be made. New requirements for out- call/on-site massage would include, among others, continuing education, clear definitions, authorization of physicians or chiropractors, and the Police Chief's suspension or revocation. He reiterated achieving compliance was the goal of the ordinance. Committee Chair Sue Benham asked that "out call" massage be changed to "off site" massage as requested by industry representatives. Marsha Magnuson, Renee Nelson, and Jesus Carpio spoke on their concerns. A discussion ensued on requiring permits for reflexology. It was generally agreed by Committee Members and residents in attendance that the issue would be addressed again at the next Committee meeting. Agenda Summary Report Legislative and Litigation Committee July 22, 2002 Page 2 B, REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING ADULT- RELATED BUSINESSES Mr. Thiltgen provided several wall maps for the Committee's review relating to various possible distance requirements (500, 1,000, 1,500 feet) for adult-related businesses which could be placed along major thoroughfares (buffers) and the possible effects each would' have on changing the numbers of and locations for adult-related businesses within the City. Development Services Director Jack Hardisty indicated a number of circumstances dictate the actual availability of sites for adult-related businesses, including zoning requirements. Assistant Planner Dave Dow presented computer-generated possibilities at various distance requirements for illustration ' purposes. Mr. Thiltgen en~h~.sized these were "guesses" and that formal, in-depth, and Iong-t~r.m studies would need to be conducted by staff to ascertain what would be feasible on buffers. There was a very real need to clearly and definitively identify specific categories and what each category included. City Manager Alan Tandy .explained that proposed changes needed to focus on the overall needs of the City and not issues relating to any one business or circumstance. Mr. Thiltgen explai"ned that ordinance exemptions might show political favoritism. Committee Member Jacquie Sullivan stated she felt the zoning distance requirements should not be ~reduced because of a j3erception of Io.osening the existing restrictions. Committee Chair Sue Benham felt that the Committee had reviewed the issue and that it would be counterproductive for staff to get involved with a long-term, in-depth study on the issue. Various questions by Committee Members were raised relating to the pos_sibilityfteasibility of joining with the County for a "metropolitan" effort. Mr. Thiltgen will talk with Mr. Hardisty and with the County to ascertain the County's plans relative to adult-related businesses. In response to questions on signage, Mr. Hardisty indicated the City's sign ordinance guided signs within the City. In certain instances, some existing signs were "grandfathered" in when the sign ordinance was changed. The issue of signage was generally agreed to be a separate referral issue which would be initiated by Mr. Hardisty. 5, NEW BUSINESS A, REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS Lt. Tim Taylor explained that the taxi stand issue was related to a concern by taxi cab drivers that there were not enough taxi stands in the downtown. He explained that some businesses allow taxi parking on private property. The Greyhound Bus station had asked the City to remove taxi stand parking in front of the station as taxi drivers had been getting into fights and urinating in front of the facility. Officer Bill Ware indicated the removal of the taxi stand occurred in March of 2000. Lt. Taylor indicated there appeared to be enough taxi stands around the general area. Mr. Tandy explained the difference between taxi stand parking on private property (which the City cannot dictate) and taxi stand parking on Public streets. Deputy City Attorney Alan Daniel handed out the City's taxistand permit ordinance. Permits can be issued by the city manager upon the appropriate written application of the Agenda Summary Report DI{AF'I' Legislative and Litigation Committee July 22, 2002 Page 3 carrier asking for the stand and must include the written consent of the occupant of the first floor of the building of the property in front of the desired taxi stand. Several taxi cab drivers were in attendance. Armando Elenes, United Farm Workers, indicated he was representing the taxi cab drivers and explained the desire for taxi stands at the Greyhound Bus station; drivers did not believe it was fair for the station to allow only a few taxi cab companies on its property. Filiberto Munoz, taxi cab driver, wanted taxi cab stands at the Greyhound station, at the Airport Bus station, at Centennial Garden, and in the Rosedale and Highway 99 and 18th and Eye Street areas. It was also mentioned there was a need in the bar area ,downtown (i.e, Wall 'Street Alley) as drivers can only go there t©. pick u~ a fare. Lt. Taylor explained the taxis cannot loiter in front of abusiness or location or cruise the area. A business's location, such as the Airport Bus, might not have enough p.arking to provide-for taxi stands. The Airport Bus alley was suggested as a possible alternative. Committee Chair Benham designated Administrative Analyst Tru_dy Slater as the-City contact person for the taxi stand issue, with Ar_mand_o Etenes as the contact-person for the taxi cab drivers. Ms. Slater will contact the Greyhound Bus station, the Amtrak station, the Airport Bus, and the Centennial Garden to d~terrfiine the feasibility of tax~ stands in their vicinities as well as in the Rosedale and 99 and 18th and Eye Street areas. OffiCer Ware- indicated there were two taxi stands in the downtown area which.~vere not-being Utilized. The Committee will review the issue again at the Augqst meeting. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING CITY VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Committee Chair Benham indicated staff had received no response from Council members relating to their willingness to serve as League Voting Delegate. The item would be deferred to the August 19 meeting. 6.COMMI'I-FEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel; Police Chief Eric Matlock, Police Lt. Melvin Scott, Police Lt. Tim Taylor, Police Officer Bill Ware; Development Services Director Jack Hardisty, Assistant Planner Dave Dow Other Attendees: Renee Nelson, Marsha Magnuson, Jose Angel Ruiz; Armando Elenes,Filiberto Munoz and others; James Burger, Tammy BroWn, television photographer (L020722-MIN) _ _._'~ ~/# MEMORANDUM cn'~' A TrOR~E~"S O~CE ~~ August 12, 2002 TO: LEGISLATIVE & LITIGATION COMMI'n'EE SUE BENHAM, Chair DAVID COUCH JACQUlE SULLIVAN FROM: BART J. THILTGEN, City Attorney SUBJECT: MASSAGE ORDINANCE On July. 22, 2002, the Committee directed staff to continue discussions with the massage industry to "fine-tune" the draft ordinance regulating the industry. Staff subsequently met with the industry representatives on August 1, 2002 and August 9, 2002 to perform this "fine-tuning." Attached is a revised draft ordinance (a red-line/strikeout version) addressing those issues raised in the meetings. It appears there was a general consensus among the industry representatives and staff that this draft would authorize some degree of off-premises massage, yet put in place an enhanced regulatory system to protect and enhance the reputation of the legitimate members of the profession. Two issues were unresolved during these meetings. First, the draft ordinance prohibits "off-premises private" massage (full body unclothed massage outside a massage establishment - generally in a residence) without authorization in writing (prescription, letter, completed form) by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the State of California (BMC § 5.32.130). Some industry representatives do not a_gree with this requirement for written authorization. The Bakersfield Police Department desires this requirement (from an enforcement viewpoint) and takes the position that if a client does not have the written authorization, that person can go to a permitted establishment for the massage service. The second issue was whether the requirement for CPR certification (BMC §§ 5.32.060(T), 5.32.080 (c)(11), 5.32.090 (B)(7)) somehow created a potential liability for the establishment and practitioner in the event a client incurred a medical problem during a massage, and the practitioner failed or refused to provide CPR first aid. It is my current understanding of the law that liability may only attach if the CPR is given, it is performed in a negligent manner, and its negligent performance actually worsens the condition of the person. I am unaware of any current case law which imposes liability on a person who is certified who fails or refuses to take any cPR action. As was pointed out by one of the industry members, CPR certification is a requirement within an advanced massage practitioner curriculum. The CPR certification requirement was derived from the City of Modesto ordinance and, in the opinion of staff, is a good health and safety requirement. Staff is unaware of any other industry generated issues dealing with the draft ordinance. Members of the industry were reminded of the date and time of the next Committee meeting so they could be present to be able to express any further concerns. S:\COUNCIL\MEMOS'~vlASSAGE ORD RDLN-LEG&LIT.DOC MASSAGE/BODYWORK ESTABLISHMENTS 5.32.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: ..A. "~, v,,.,.,..,.,~" ,.,,"" ""'"'",.,,.,,.,~,.,.,, ,,'"' ....... ,, ,,.,,.,, ,,,c_ ,, ,~,, ,,.,,.,*k"'" ,.,,"~ ,...,. ~.'....." '.'~'"' '~ r_,r,y ~,,,~,, ,,.,,,',,,' .... ' '"'" ~ ma~ B. "Massage/bodywork establishment" an establishment having a fixed place of business where ~i~rson eng~s, in, conducts, carries on, or permits to be engaged in, cond~'~Jc~;!!!ilor~:~carrie~l~'";~'n.~,~.for a fee, profit or other cornpensation, massage or bodYW~, ba~l~!~[~mher ~i~ilar procedures. C. "Uassag~/bod~k prac~i~bne[.~?~.:~a~:~ person, other than a medical practitioner, li~'~'~d:.~by th~{b of .~i~rnia who administers to another person for';a~fee, proflt~br othe~:'~mpensation, massage/bod~ork, baths or other similar p'~6~edures. O. "Person"~ans a~dividual, ~nership, corporation or association of any E~??'~'~i~Yee:" ~:~::~he purpose'~ this chapter shall include independent contraCtd'rs. ~'~;~;J. "Managef'::~eanS'"~:~e~:. person(s) designated by the operator of the massagelbod~ork eSt~b shm~t to act as the representative and agent of the operator~:::iQ.~managing??~ay-to-day operations with the same liabilities and responsibilities., Evideh'~e of management includes, but is not limited to, evidence that'{~:e¥in~divid~al has power to direct or hire and dismiss employees, control hours 0f;'~?~ation, create policy or rules or purchase supplies. A manager .may alsO?be an owner. A .manager must meet the standards and quahhcat~ons of secbon 5.32.060~ to quah~ as a manager ,,,~ .............. pra~ti{i6n~t ~it? ....... - an owne?ghip interest in the massage/bodywork establishment for its day-to-day operations, lbo operator/owner ,l(s) whose name(s) appears on the City of Bakersfield · . '!':2 "Recognized school school or institution of learning which has for its method and pedormance, eth le, and work of massage, which )lies wia Education Code sections 94310-943i:i, and.~iCh req6i~°s a resident course of study before the student shall be~:fbtn shed W!~:a diplo~?or co,if,cate of graduation. Schools offering, a correspondence:~:eour~o~not re~iring actual a~endance shall not be' deemed ,~:~:mcogni~d?(~h°Oi:~'~:~?~o~'t-of-state school must meet the require~:~f:~'Califo~i~.Education C6~e sections'94310 and 94311 and must be li, cb~'ed by th~::~'~te '~:~Subdivision thereof within which it functions if such liceh~ihg is required. "?~ .......... ~'. ,'~.~ ..~u~,,,,~ ,,,~ ~v~,~,v,. ,,,~,,~ ~, ,~ ~v~,~,~,, .,,.~,, ,,,~ ....... ~,~,,.~, .,,~.,,~, ........ ..,~.~, ..v ,,u,,.,~. ,~VVl ,,v..~ .... . ...... ~ ,,v,,. .... ;..~, ...... ~;~:~*~-~ ~ .... ,,~.~ ~.. ;~ ~;~;~ ;.~ ~.. ~.~,,~.~k~,ll[]f, I,.."'.,v'..~,v,V~l.,v, ,~.,v1::l[~.,,,~..,, ~[,~k~,v,,t i~,~ u,~,~ ~,~ ~,~,~ ~ ~ "Ouali~ing exam" means a national ce~ification examination which has been recognized by obiective standards to fairly evaluate professional level, ................... ~'~ ';~fi:~°'i~g¢;'"i'~the a~Pii'ca~o'~'~ec~j~,sures to reflex points ~n the hands and feet. It ~s a clothed session w¢~only the~:removal of shoes and socks allowed. 5.32.020 Permit required. %~}::~ ~}~¢:~ except as prov, ed ,n th,s~chapter, ,t ,~::~a~ul for any person to keep, maintain or operate a maS~~ork?~:~$~tablishment, or to po~orm massa~e/bod~ork [or a lee, pr6fi[~[~0mPi~:~a~on, in tho ci~, in violation of this chapter or without havin~ li~.}Pro~8?and m~ainod a valid permit from the chief of pohce or h~s;;~des!gnee. Except~gS'Offie~ise'prov~ded in this ghapter, each massa~o/~od~¢:~¢fi~titionor'~b~bld a ~i~'~Pormit. Uo more than massa~o/Bod~Offi:::;~'taBlisfi~ent per~?hall Bo required for any establishment at a single Iocati'dh? ~:;~}:~{~ 5,32,030 Permit Requirea :?;::?~ pe~en:. ~ducting, managing, owning, 'or operating a ma~ge/bod~ork~labliSh~ont in the ci~, except as exempted herein, shall lirst obl~in a permit u~r this :~haptor. Said permit shall bo numbered and must ~ O~splag~d m a prominent place on tho prom~sos m which tho Busmoas estabhs~ent ~ out:::of ~tha~person, s~,home; ;for ~the :,so!e~; :,purpose~:~Of,:~:p~ ~o,~g~ ~i'~e~'?~:~g~ib~O~?~:~ ~h~hhii: '~i ~st ~'bt~ih~:. ~ a!:sueh:!ocabon: a~d~ m0et!~gche~nts::gt~:~uqh~!ocat!~0n~;~ Any ~nd~wdual who ~s both a massa~o/bod~ork practitioner and tho owner/operator of a massa~o/Bod~ork establishment may obtain a single permit as ownoffpracfitionor if ho or satisfies tho .permit requirements [or both establishment and practitioner. $.a2.040 ~assa~o/Bod~ork ~raetitionor: ~rmit R~quimd Every person employed as a massage/bodywork practitioner or self- employed .providing massage/bodywork services for compensation at a permitted massage/bodywork establishment and/or providing on-site therapy and/or off-site massage for compensation in the city shall obtain a permit under this chapter. In order to qualify for a massage/bodywork practitioner permit provided for hereunder, each massage/bodywork practitioner must satisfy one of the following criteria: A. If employed or self-employed at a permitted massage/bodywork establishment, have received a .diploma or certificate of completion in a course of study in massage/bodywork at a recognized school of e or institution approved pursuant to the California Education Cod~ shows proof of satisfying completion of at least two hundred (200) hours of a non- repetitive curriculum in anatomy, physiology, sanitation, massage therapy, theory, practice and ethics of m~ s-aid two hundr, ed'(200) hours shall include no more one ',100) internship hours obtained by a student from a the school a fee from the public for a massage given by the and the sch( credits the Student w~th ~nternsh~p hours; or ~%~?~,~. .:~'~,~ · prowdmg ,.,,,,, ...... ,.,,,.,, ,., ..... ,,.off~pmmlses massa e/bodywork for compensation, have received a d~ploma or c~¢t~{e of completion in a course of study in massage/bodywork at::~i::~i~gnized ~B~I of massage or institution approved pursuant to the Calif~6!~'J~;~:;i:~E~lucation ":~6~ which shows proof of satisfying completion of at least fi~e;~ hU~Q~:;.i(~00)'~i~r°om hours of a non- repetitive curriculum ,ini~:¢anatomy,~'~hysi;~x~?!~'h~ie~, sanitation, massage therapy, theory, praC~(~a~,,ethic~'~:'~ssage'~'~'~i~.ctice; however, said five hundred (500) h.~i~hall inCiSiVe no than two hundred ~:i'~i~ ~ (~ internship hour~:bl3tained by..~§tudent fi:b~m a school when the school collects a fee from the pubii~i?for a ..~;. a:~gg.;~give~!iby the student, and the school then credits the,..stu~ent WJ{~i~:~ih~i~'~~j!~,~i ..~Ci!i!;!~e~i~i:e'ceiv~:;'""!~i,certificate '°}'~completion in a course of study at an institU~i~6'' outside'C~liforr~¥ai;~Which, in the opinion of the Chief of Police, meets or exC~s the criteria ~appr~l! for such programs .in California; or '?"B~',Have succeS§[i~.lly pa'~:~ed an independently prepared and administered nationai~e~ification examination which is recognized by objective standards to fairly evalu~i~.professi°~.~l levels of skill, safety and competence,, as determined by the National:ComPilation for Ce~i~ing Agencies· 5.32;050 Appl~?~tion for Permit: Fees. A fee shall 'be required for eve~ permit application filed under this chapter. The fee must be received by the Finance Depa~ment before any application is processed. The ci~ council shall set the amounts of said fees by resolution and may from time to time by resolution adjust the amounts of said fees. Any fee pursuant to this section shall be in addition to and not in lieu of any business license tax imposed pursuant to the provisions of the Bakersfield Municipal Code. 5,32,060 Application for 'Establishment and Practitioner Permit, 4 Every person desiring an establishment permit or practitioner's permit under this chapter shall complete and submit to the Bakersfield Police Department a written application in a form approved by the Chief of 'Police. The application shall be completed under penalty of perjury under the laws of this state and shall require the following information as relevant to the specific type of permit: A. The name of the applicant and a complete statement regarding any and all true and fictitious names used by the applicant within the five (5) years immediately preceding the application. All applications for permits for massage/bodywork establishments or schools of shall be referred to the Director of Development Services and the Fire . shall make written recommendations to the Chief of Police concerning ~nce with the laws and ordinances that they administer and enforce; B. The residence address, business addrE, and business telephone numbers of the applicant. In )ractitioner permit shall contain the name, of the establishment at which the applicant will,~ C. The previous addresses of a a period (5) years immediately prior to the date of the a ~lates of residence at each address; ?:~ .... ~' D. Acceptable written pro6fi~ti~t~;the at least eighteen (18) years of age; E. The names, residence telephone numbers of any co-partners, F. If the applic, name Off:the corporation shall be set forth exactly as S~ in the !corporation along with the names and residence addre~bs of directors and each shareholder owning ten (10) if one or more of the owners is a cot pertaining to a corporate applicant apply; ~G'?'~he and business .address and telephone numbers of the'!~!~nagers and charge; 'R!!i~!;~he name, residencebusiness addresses and telephone numbers of the o~br~.of the '~:~:~:~ premises, if any, in which the establishment is to be located and the wri~n,~consent:.'~f?said owner to operation of the-establishment or a copy of the lease f~i~i~e p[e~i§es executed by the owner evidencing such consent; I. The appi'~~' height, weight, color of eyes and hair and date and place of birth, unless a~'licant is a partnership or corporation, in which case this information shall be supplied for the person or persons authorized to execute the application; J. The nature, name and place of applicant's business or employment during the five (5) years immediately preceding the date of filing of the application; K. A description of the exact nature of the establishment to be operated and the name under which it will operate; U The address and particular room or rooms and square footage of the premises in which the massage/bodywork activities are to .occur; M. A diagram drawn to scale and dimenSions showing the number of rooms for said establishment, including a sketch of the interior ;rr~,~cm, c~t ~!~p~.~ thereof, and a list of the equipment used thereon; N. Whether or not the applicant or any partner, co-partner, manager, or operator of the establishment being applied for has had a permit for the same or any similar establishment suspended or reVoked anywhere, and if so, the circumstances of such suspension or revocation; O. A statement that the practitioner applicant or a~y partner, co-partner, manager, employee or operator of the establishment ~@~ib'ant has never been convicted of violations of Penal Code sections 220, 1,266e, 266h, 314, 315, 316, 318,-647(a) or (b), or any offense possession of the substances identified in Health and ,54, 11055, 11056, 11057orll 3. or felony, or, if such crime has been committed by s~ statement of the nature of such crime and the place and P. A statement that the p[~¢titioner a or any partner, co-partner, manager, employee or operatofii!~;~,ilthe~establish~6~,! applicant is not required to register under Penal Code secti~?~2~'~?~r;:i[, any ~'h:~'person is so required, the circumstances leadina to this reaui"~men~?~=~?~ ..... ~=~?~ e. Sets of finge~pd~ :of t~e ~:~!ic~D~;~{~;b':~¢~{~.0~r persons in charge of the establishment and:'~ii~'~:~age/5~rk pra~{~{i~ners for the establishment provided to the BakerSfield P~ii~e Department; ~ R. Proef O~:~'~assage ~ i~bi~i~ insurance cover~ge?~,!~:i~/~t a mini~b~: Pt~fes~idn'~l'~:iiaS~ii~?~r~b~t~ ii~iii~fid:~e~b~al:~li~5~ii~"i'n ~he~ s~'~ 0f 'not'~!ess:..~.~n ~fi~:~.~d~dr'ed"~:~t~'~a~' d~i~ar~'~$5b0',~0:°0~ per each massag~~pra~{i{i0ner employ~ by the establishment up tea maximum of one~llion doll~(.$ ~, 0b0,O00. O0 ); ~;?~;mof of matriC~iation f~6m a recognized schoo of massage, as defined herein. If?:;t.b~ applicant~ a corporation or pa~nership, then this proof must be supplied fo~?~a, activel -pa~ici:pate in th~' of the establishment. : ,re(; ~. T~, Proof of current certification of adult cardiopulmonary resuscitation (C.P.R.). If the applicant is a corporation or partnership, then this proof must be supplied for a member of the corporation or partnership who will actively participate in the management of the establishment. All existing permit holders shall have an additional three (3) months from the effective date of the ordinance codified in this chapter to provide proof of current certification of adult cardiopulmonary resuscitation and proof of malpractice insurance coverage; -V-~.' ~'i~ The practitioner applicant must furnish a certificate from a physician, licensed to practice medicine in the State of California, showing that the applicant has been tested within the previous thirty (30) days and has been found to be free of tuberculosis and hepatitis B; w. ~ Proof that a valid busineSs tax certificate has been issued for the establishment and proof the application fee has been paid; ~ ~W;=. Applicants for permits under this chapter,~ho intend to teach mas_sage~odywork or open a massage/bodywork sCh~t~hall, in addition to all other requirements of this chapter, submit a v~lid~!![~S-e from the State of California.~uthorizing such a~ctivity; -Y-=. ~! Each application shall be submitte~?alon~!!h two (2) portrait photograPhs of the practitioner applicant, o[~:t~b manage~:~i~:an establishment applicant, at least two inches by_two inches:,,,~i:i,~ze; and ~ ¥~ Such other information as the of Police shall ,. 5.32.070 Establishment and of Change. A~. Whenever :.ai~i~i::~;~h.ge oc~':~ig information specified in Section 5.32.060~.~i~'i~ding ~nges ''~;~:' ;. physical layout of the establishment, and .changes ,Ioyees ~e applicant shall report said change and provide all ,~ave been required under Section 5.32.060 B, permit may be sold, transferred or assigned by a pe'i'~ittee, operation of law, to any other person or persons. · AnY?§blqh sale, tranS~e~t.?or nment, or attempted sale, transfer or assignment, shall ~:~deemed to C'6~stitute.:'~' voluntary surrender of such permit and such permit ~ll..,thereafter:::?iibe null and void. However, if the permittee is a partnershil~'i~::~nd one o~iii~ore of the partners should die, one or more of the surviving part'~im m~?~cquire, by purchase or otherwise, the interest of the deceased partn~iii'~[!?iS~'~rtners without affecting a surrender or termination of the permit. In such case, the permit, upon notification to the Chief of Police, shall be placed .in the name .of the surviving 'partners. A massage/bodywork establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not issued at the time of the granting of the permit is thereafter issued or sold, transferred or assigned. No massage/bodywork practitioner's permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. C. The sale or transfer of any interest in a massage/bodywork establishment shall be reported to the Chief of Police at least ten (10) days prior to such sale or transfer. The person obtaining such interest shall file a new permit application and an investigation shall be conducted pursuant' to the provisions of this chapter.' D. Upon a request to change the location of a massage/bodywork establishment, an application to the Chief of Police shall be made and such application shall be granted, provided all applicable provisions of this code have been complied with by the applicant. 5.32,080 Establishment Permit: Investigation, Denial A.· The Chief of pOlice, upon receipt of ~te application for a massage/bodywork establishment permit or a permit, shall conduct .an appropriate investigation to dete.[~i~ne permit shall be issued in accordance with the procedures ~,f,i~l~l~'~'¢hapter. B. The Chief of Police shall hay6?? ixty (60) days to ate the application and the background of the ~'':' ........ including, but not to, any past criminal convictions as provided by or 0iher legally authorized agency ..... C. After investigation, of ~11 approve or conditionally approve issuance or renewal of (1) A completed written a (2) The required~application (3) The ap~liC~{'~'~fully in th~' investigation of his or her application; ,~.~:~ii??' (4) )licant h~!?not )gly made any false, misleading or fraudulent th, establishment in a building that compl! ~'"~lth, zoning, fi~e, building and safety requirements and stan( of the tl~e~i!State of California and the City of Bakersfield; ~i~:~.~iii(6) The ap t, h~ie[ or-.its employees, agents, partners, or officers, direct~§~i~or shareholders of th~ii~orporation holding more than five (5) percent of the stoC~:!i!E~t, be applicad~ii'i$ a corporation, or any of the partners, including limited partners, if tbe;.applica~i~is a partnership, has not been convicted in a court of competent jui;i~ictio~i~:i'~n offense involving conduct which-requires registration under California~?~i:~ Code section 290, or of conduct violating Penal' Code sections 220, 26i~?~.64.1, 266e, 266h, 266i, 314, 315, 316, 318, 647(a), and 647(b) or convicted of an attempt to commit any of the above-mentioned offenses or convicted in any state of any offense which if committed or attempted in this state, or conspiracy to commit any of the above offenses, would have been punishable as .one or more of-the above-mentioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude; (7) The applicant, his/her or its employees, agents, partners, or officers, directors, or shareholders of the corporation holding more than five (5) percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted, within the past 8 five years, in a court of competent jurisdiction of. any offense involving the controlled substances designated in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or violation in any other state of an offense which, if committed in this state, would have been punishable as one or more of the above-mentioned offenses; (8) The applicant, his/her or its employees, agents, partners, or officers, directors, or shareholders of the corporation holding more than five (5) percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving the of a nuisance in connection with the same or similar business operation; (9) The applicant has not had a permit for a simi!ar type establishment revoked by the city or any other ' within the past three (3) years; (1~0) The applicant has shown proof- insurance as required by this chapter; (11) Proof of current ,suscitation by the manager of the establishment (12) The applicant is not delinc to the City of Bakersfield of taxes, fees, refuse, water, ~:~ewer, or. fines, or penalties · . ~.~:.~-...~ ,.~ ~,;~ , · assessed against or imposed~;a~n~;.~t~e apphcant~, ans~ng out of any other business activity owned or opera{~.~;:!~e:applica'~i~nd licensed by the City. D. The Chief of Police shall~:'~"r.~vid~;~.en n(~{~ie,.to {he applicant of the decision' a_nd the grou~dsytherefor~!ias sb~'~::~i!ipos~ble after arriving at the decision. If denied,an:i,~ii~ant maY;ii~Ply if h~;5:i: she can provide evidence that the ground Or:'~g~unds f~denial~?;'~he applicant no longer exist, provided however, that nb~ch reappl~tion ma~be made sooner than nine~ (90) days after the'original ~'~licatioa~it;~its i~ed pursuant to the provisions of this chapter s~atl:::b~.per~:~:~:i~e'~a~i'~'~;~'~d nentransferable. E~?~'~t~;of'~ii~e is authoriZ~' to issue a tempora~ permit if relevant Dep.~'bnt of Ju~{ibesta~{~mma~ criminal histo~ information is not received with'i~;'~be si~ (60);~y investigation. A final decision granting or denying a permi{~'hall be made ~er rec~i~t of such summa~ criminal histo~ information. If the pe~it..~is granted;~ts effective date shall be the date of issuance of the tempora~ ~'b~it. ,,~.~:~ Temp°~:~:..pe~t~ shall be issued for a nine~ (90) day period. The Chief of Police may tempora~ permit should the relevant Depa~ment of Justice information 'not.yet be available. 5.32.090 Practitioner Permit: Investigation, Approval or Denial. A. The Chief of Police shall have six~ (60) days to investigate the application and the background of the applicant, including but not limited to, any past criminal convictions as provided by the Justice Depa~ment or other legally authorized agency. Upon completion of the investigation, the Chief of Police shall grant the permit if, in addition to the finding that the applicant will work in an establishment which complies with this chapter, the requirements of this section have been met. B. After investigation, the Chief of Police shall approve or Conditionally approve issuance or renewal of the permit if he/she finds: (1) A completed written application form has been completed; (2) The required application fee has been paid; (3) T. he applicant has fully cooperated in the investigation of his or her application; (4) The applicant has not knowingly made any false, misleading or fraudulent statements in the application; (5) The applicant has not had a permit or for a similar type business revoked by the city or any other jurisdicti( the past three (3) years; (6) The applicant has shown proof of mai nce; (7) The applicant has shown 'Current ication of adult cardiopulmonary resuscitation; commit any of the above-ment~;d~offenses '~.~.onvicted in any state of any offense which if committed or this ~)r conspiracy to commit -any of the above offenses, as one or more of the above-mentioned offenses~.or any [s~nesty, fraud, deceit, or (9) The ap~i~i~nt haS'~bt within the past five (5) years, in a court of jur offense involving the controlled substances desi( 11056, 11057, or 11058 of the Health a~di:!Saf.~ty .... ~i other state of an offense which, if commi~d~iii~;~.~i~:~:;~tat~:~!'i~ould have bben punishable as one or more of the "!'~?(.~10) The a~i',icant~'~s,~.not been convicted in a court of competent jurisdi~'ti~.,of an offen~!:jnvol~g the maintenance of a nuisance in connection with the ~'~e or similari~iUsiness operation; (11)'~;~;!:??1~. the applicant is to be employed in a massage/bodywork establishment~!i~er~miff~'.c~' in .accordance with this chapter, the applicant has received a de~!i~!'~'r certificate of completion in a course of study in massage/bodywork';at a school or institution approved pursuant to the California Education Code with a state approved massage/bodywork curriculum of not less than two hundred (200) hourS; or has received a certificate of completion in a course of study at an institution outside California which, in the opinion of the Chief of Police, meets or exceeds the criteria for approval for such programs in California; or has successfully passed an independently prepared and administered national certification examination which is recognized by objective standards to fairly evaluate professional levels of skill, safety and competence, as determined by the national commission for certifying agencies and has produced an acceptable diploma or certificate of graduation or document establishing the passing of a national certification examination. (11) If the applicant is seeking a permit to perform on-site and/or off-site massage/bodywork activities, the applicant has received a degree or certificate of completion in a course of study in massage/bodywork at a school-or institution approved pursuant to the California Education Code with a state approved massage/bodywork curriculum of not less than five hundred (500) hours; or has received a certificate of completion in a course of study at an institution outside California which, in the opinion of the Chief of Police, meets or exceeds the criteria.for approval for such programs in California; or h~ successfully passed an independently prepared and administered national examination which is recognized by objective standards to professional levels of skill, safety and competence, as determined commission for certifying agencies and has produced an acc~! or certificate of graduation or document establishing the p~Sing of a )nal certification 'examination. ~,~ii:i~!~:!:''~' ~ C..The Chief of Police shall provid~!~:r~itten notice to the~'~'~i icant of the decision and the grounds therefore a~:~'~o,n as ~iSible after ~ [~ing at the decision. The decision of the Chief of P~lice~l'l be final. If denied, an applicant may reapply if he or s~ecan provid~i~,~'~ce the ground or grounds of denial of the applicant no I~i~i~:~ist, pr~?d however, that no such .reapplication may be made sOS~e'i'~':~:(~=m~inety~:(9~) days after the original application. All permits issued pu~.t i~p[~vi~i~ of this chapter shall be personal to the applic~t~an~ nontra~ra,~!~?::~:~;:~,~ "~' D. The Chief ~P6iic~is:::~autho~i~bd:~:ttfb issue"~:tempora~ permit if relevant Oepa~ment of Jg~"state ~ma~ ~inal histo~ information is not received within the sixthS;(60) day inv_~tigation. ~:~;A~ final decision granting or denying a permit shall be ~'~,:.affer,,:~ip~:~;~q[:~SUC~umma~ criminal histo~ information. If the pe~m~t:,?:~s,,gran'~d~:.'~:~'ct~'~?~ate:'~Shall be the date of issuance of the ~,,;~T'~mpora~'~'~?,mitS"~ll be issued for a nine~ (90) day period. The Chief of P~'i!Ce may exten'~Uch i~pora~ permit, should the relevant Depa~ment of JustiC~:~i~f~rmation not::~ be ~ilable. . , '¥:~xempt~on~.~.~.~:,~ ~?~:::from Permits. 5.32.100 '::~:~;~ ' ::;:~? ' All individual~;~W~o use a massage/bod~ork special~ an~or therapeutic approach in caring~f0r clients while under the "control and direction" of any of the exempted classes of individuals listed below must have a valid massage/bod~ork practitioner permit and comply with all the requirements for the .issuance of.a practitioner permit. The provisions of this chapter shall not apply to the following classes of persons while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, acupuncturists, or physical therapists duly licensed to practice in the State of California; ]! B. Registered nurses or state licensed vocational nurses; C. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California; D. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, limited solely to the massaging of the neck, face, scalp, feet up to the ankle, or hands up to the wrist of the client. This includes manicurists, nail technicians and estheticians licenSed by the State of California as required by the Barbering and Cosmetology Act; E. Accredited high schools, junior colleges, and eges or universities where coaches, and trainers are acting within the scopeemployment; F. Trainers of any amateur, semiprofessional, athlete or athletic team while engaging in their training res[ and with athletes; G. Holistic health practitioners who are ~lth care therapists and use 'a massage specialty and '~'~"~: in for clients and who_ present to the Chief Of Police satisfactory letion of one thousand (1,000) hours of instruction in or therapepproach at a school with a state approved curricula, p'~,~a state or nationally chartered organization spe~cialtyor therapeutic approach are exempt. The ice of such" care therapists may include other services such as counseling as long as all activities are directed .toward 5.32.~!i10i~ Tl3e..~...decision ~?:!iithe ~'~ief of Police to deny a massage/bodywork establishment permit or!'~assage/bodywork practitioner permit may be appealed by the ap~jibant to t~?City Manager, or his or her designee, through the following pro(~'~U[e: .:'!i?!i?.? A. No latb~;;t~flffeen (15) calendar days after mailing of the notice of denial, the applicah~ shall file with the Ci~ Clerk a wri~en request for an appeal hearing, which states the specific grounds for appeal. B. As soon as practicable after receiving the appeal, the Ci~ Manager, or his or her designee, shall set a date to hear the appeal, which date shall be no less than seven (7) days nor more than si~ (60) days from the date the appeal was filed. The Ci~ Manager, or his or her designee, shall give the appellant wriEen notice of the time and place of the hearing at least fifteen (15) days prior to the date of the hearing, either by causing a copy of the notice to be 'delivered to the appellant personally or by ce~ified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the City Manager, or his or her designee, on request of the appellant for good cause shown, or on the City Manager's own motion. The hearing shall be informal. At the hearing, the City Manager, or his or her designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Chief of Police, or his or her designee. Upon conclusion of the hearing, the City Manager, or'his or her designee, shall render a decision. The decision of the City Manager, or his or her designee, shall be final. C. Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permittee in any hearing or other matter under this chapter. 5.32.120 Off-Premises Massage/Bodywork. No person shall perform or administer m~ services as are defined herein, for money or other obtaining a massage/bodywork practitioner permit put the this chapter. No permitted massage/bodywork shall administer massage/bodywork services as maSsage/b_odywork, as defined herein, is an employee, as defined herein, of a permitted~l establishment. 5.32.130 Off-Site (~f-site not be performed unless authorized in! .... a ~P~iiq!~an, surgeon·~ chiropractor or osteopath duly licensed to p~e in .~t~te ~{~alifornia. Violation of .this section shall constitute a misd~'~eanor. 5.32.140 ............. Off-Pr~s~;;~~Od~k - T,me Constra,nts. 5.32.150':'~t::?~;;~:,, Off-Prem~ ~assage~od~ork - Prohibited Locatmns. ....... ~ P[~.I~S massage ~ ............. ~,~ shall not be conducted ~n the following IocaboOS:;~ A. A hotel/~{el room or any other similar location used primarily for transito~ habitation purposes. B. The residence of the *~ -~' ...... "* 0ff;p[em~ses massage~od~ork practitioner. C. Private business offices or other similar locations which are not openly accessible to other employees of the business or the general Public, as appropriate. 5,32,160 .Regulations, 13 A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment; provided,' however, that all signs shall comply with the sign requirements of the city. B. Lighting shall be provided as required by the Uniform Building Code, adopted .in Chapter 15:12; in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room where massage/bodywork services are being performed. C. ventilation shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12. D. The massage/bodywork establishment premises and facilities shall meet and be maintained in a condition to comply with all appl~i~e code requirements of the City of Bakersfield, including, but not limited to,~e related to the safety of structures, adequacy of the plumbing, heating~erproofing of rooms in which showers, water or steam .baths are used, ad~it~e ~il;~ and cleanliness of the facility. E. Massage/bodywork establishments!~'~massage/bo~r~ practitioners shall at all time have an adequate Supply~fii~iean san!~!ary to. wel'~'O~erings and linens. Towels, non-disposable coverin~?ia~d linen~ii!~§hall not be ~ on more than one (1) client, unless they 'have fi"~S¥!~b~eni~i~Undered and disinfected Disposable towels and disposable~;~coverings ~?~t .be used on more than on; (1~) client. Soiled linens and"~ii~[~,.~tewels '~ail, be dePosited in separate receptacles. F. In the massage/bodywork~tabli~'~'~ibnt dry heat rooms, steam or vapor rooms or '~'nd bathrooms, tanning booths, whirlpool and disinfected as needed, and at.,J~:~ once the premises are open, with a disinfectant. Ba~'bs shall with a disinfectant after each use. All walls, c~'ii'i'~gs, facilities for the establishment shall be ~ and sanitary condition. Ji~m~n{"?~§e.~ in the ma~sage/bodywork establishment shall-be m; i ....... in a ~ib~b:an~:'?~nitary condition. Instruments utilized in performing ma~ge or bodyw°:~:!~techn'~ae~ shall not be .used on more than one (1) client unles~"~ey have been"~ieriliz~i?Using standard sterilization methods. H.' ~t~ii~:~!s of the ~sage/bodywork establishment shall be furnished with a d ess~ng room;,, Dressing?rooms will 'be used .only by clients of the same sex at the-same tim~?ilDresSi~'rooms need not be separate from the room in which the massage is bein~i!~rmed. I. Toilet facilities shall be provided in convenient locations within the massage/bodywork establishment and shall consist of at least one (1) unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule. J. A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage or bodywork services. Soap and sanitary towels shall also be provided at each basin. 14 K. All massage/bodywork establishments shall be operated in compliance with state and local health laws and regulations. L. All .employees of the massage/bodywork establishment, and all persons performing massage/bodywork shall be eighteen years of age or older. M. No massage/bodywork establishment shall operate at any'time unless there, is displayed in a location clearly visible to the public a valid permit to so operate issued pursuant to the provisions of this chapter. N. It shall be the responsibility of the holder of the permit for the massage/bodywork establishment to insure that each person employed as a massage/bodywork practitioner shall have first obtained permit pursuant to this chapter. O. The permit holder for the establishment shall maintain a current file of all persons employed her. The file shall contain true names and aliases used by such birthdate, height, weigh~, color of hair and eyes, home )hone social security number and the date of-employment and )n. P. Every Person holding a perm to~,=!his ~all keep a record of the date a~nd hour of each t and of the patron and the name of the. admini,~tering such treatment. The record shall be~n.to ins the Chief of Police or his or her designee during business -Sach re, shall be mai_ntained for a period of'two years. '-~,~!:~ Q. No_person holding a chapter shall permit communication device~ on the premises of the massa, to with or hinder inspection by a law enforcel ~?~:!~i:i R.' No pe~b:'h shall or ~brate, or permit to be conducted or operated, a between the hours of ten p.m. and seven foil ~. ,ng a permit a massagelbodywork establishment shall h0~;,:~be responsible for, and provide, that the premises be "~i .~ accessibi~!iii~od ~p,, for inspection by law' enforcement officers or other'~Vernment empi~'~ees ~i'i'o are charged with enforcement of ,health and safety or~6ther laws of t~!!~city or state. T. Th~;~,!~epartmeni~!:~)f planning, building, fire and health departments shall, from time to ii~.ima',k'~!"~n inspection of each massage/bodywork establishment in the city for th'~!~'~i~0se of determining that the provisions of this chapter are met. U. No person permitted as a massage/bodywork establishment as provided in this chapter shall operate under any name or conduct the massage/bodywork establishment under any designation not ~specified in the permit. V. Except as otherwise provided in this chapter, massage/bodywork shall be performed only at a massage/bodywork establishment for which a permit has been issued and is valid. W. Massage/bodywork practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide the complete covering from mid-thigh to ~r~ (3)in~b~low t~ collarbone. Massage/bodywork practitioners shall ~!i~i~i~i~iI ~>~ at all times a photo-~dent~flcabon name tag :!88~d~;~bY~J.~.e~,~;~!~.c~ which readily displays a photograph of the practitioner measuring no smaller than ~o (2) inches by ~o (2) inches, the name of the practitioner, the name of the massage~od~ork establishment in which the practitioner is employed, and the date of expiration of the practitioner's permit. X. No pemon shall enter, be, or remain in any pa~ of a-massage~od~ork establishment while in the possession of, consuming, or uSing any alcohol or drug except a prescription drug. The responsible owne(, operator, managing employee, manager or permiEee shall-not permit an~;=~ person to enter or remain upon such premises. ~;~"~ Y. All e~erior doors shall remain unlocked fro~;~nside'~'~ during business hours. A person operating a massage~o~6~k ~blishment shall be responsible for and provide that said premisg~hall, durin'~:;~g~iness hours, be [eadily accessible and open for inspectioo?;~?~Jaw enforcem~;officers for the p~pose-of locating evidence that would~s~tantiate a violation ~e provisions of-this chapter. . '~;~?, ,~,:~ '~;~ 5.32.170 Prohibited Conduct.~ ='~;;;;~;~;~??=' ' A. No owner, manager, g employee, or permiEee shall permit, and no massa shall offer Or pedorm any sewice otb, chapter. B. No establishment shall: (1) of the permi~ee/employee in the course of a m~ (2) Ex ~.of any other person in the course of a -massa( the genitals, anus, perineum of any the ~.:.~:~ .,. No permi~::~or of a massage/bod~ork establishment shall place;':~pab~ish or distrie~e or se to be placed, published or distributed any adve~iSi~?~maEer tha~epicts any potion of the human body that' would reasonabl~bggest to ~spective customers that any sewice is available which is prohibited '~'~der tbi~';~apter nor shall any massageNod~ork establishment employ languag~:?~'~;~ adve~ising text or business name that would reasonably suggest to a proSpective client that any sewice is available that is prohibited under this chapter. D. A massage/bod~ork practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permi~ed by the massage/bod~ork establishment permi~ee. E. A massage/bod~ork practitioner shall'not massage a client of one sex within the view of a client of the opposite sex, and such practices shall not be allowed or permi~ed by the massage/bod~ork establishment permi~ee. Parents, spouse, guardians, translators or caregivers are excluded from this requirement. F. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage/bodywork practitioner shall violate any of the regulations contained in this chapter. G. No permittee, manager, or owner/operator of a massage/bodywork establishment shall allow or permit a person to administer massage/bodywork for such establishment unless the practitioner possesses a valid massage/bodywork practitioner permit issued under the provisions of this chapter. It shall be the responsibility of niassage/bodywork establishment to ensure that each person e~mployed as a practitioner shall first have obtai valid license under this chapter. H. Proof of knowledge of any violation Of thi shall not be required to be shown where a massage/bodywork estab is suspended or re.voke'd.. '5.32.180 P. ermit Renewal. ..~. Any permit issued under this ch for from the date of issuance unless revoked or sus Permits may (2) years by filing an applic.ation for 9r information in the original application C! A. A perm~tte~e~may a of a permit thirty (30).days prior to the expiration rty-first clay after the expiration of a permit, if an been received, the permit shall be deemed this chapter shall be returned to the Chief (48) '~urs of its expiration. No privilege to exist until an application for renewal has been new application may be filed. this chapter, the permittee shall pay the city a nonref set forth by resolution established by the City Council. for the non-refundable fee shall accompany the application C. After' the application for renewal, the Chief of Police shall renew the permit '~i{;~'the permittee continues to meet the requirements for the issuance of a permit, and none of the grounds for denial of a permit set forth in this chapter exist. The Chief of-Police shall .renew the permit within thirty (30) days of such request if the information upon which the original application was granted remains unchanged and no violations of this chapter have been committed. 17 5.32.190 Continuing Education. At the time of renewal, an applicant shall provide verification of continued membership, in good standing, of a state or national professional association as required by specific sections of this chapter and/or verification that the permittee has participated successfully in continuing education programs consisting of a minimum of twenty-four (24) hours of related course work of which a minimum of twelve (12) hours shall be approved by a qualified massage association as defined in this chapter. Internship hours, as defined herein, shall not satisfy the continuing education requirement. Any qualified traiQi~g-received by the permittee and presented as compliance with the~!i~bntinuing education requirement.has a three year life only. 5.32.200 Suspension, Revocation and ~N¢ A. The Chief of Police may refuse to ~N, revoke or any permit granted under this chapter on the ground~ the applicant or holder has failed to comply with the permit conditi~ other chapter. If a suspended permit lapses during the period, a new~application must be made at the end of the B. The Chief of ~Police m~ ~.~renew a massage/bodywork establishment permit if he or !!ngs for denial of a permit under this chapter or upon any any provision of this chapter within one under this chapter or upon demon= manage the massage/bOdywork establishment in. thus necessitating action by law enforcement offi¢~tS .or in su~ constitute a menace to the health, safety, or g C. suspend a massage/bodywork establi: period of (30) days for each viol_a, tion of this chap~e~!b~r may s~rilY?~pend a massage/bodywork practitioner s permit for a p~ of thirty (30i~ys f~'!~ach violation of this chapter. 'Dil;~he Chief of P~iice m~¥evoke or refuse to renew a massage/bodywork practitio~!~s, permit if h~r she makes any of the findings for-denial of a license under this"~iapter or~n any subsequent violation of any provision of this chapter withi~!~e. (1.~r following a suspension authorized under this chapter. E. The chi'~!~iiP'°lice may revoke, sUspend or refuse to renew any .permit if any of the followi'~:~' are found: (1) The permittee does not possess the qualifications for the permit as required 'by this chapter; (2) The permittee has been convicted of any violation of any provision of this chapter; (3) The permittee has engaged in conduct or operated a massage/bodywork establishment or is engaged in conduct .as a massage/bodywork practitioner in a manner which violates this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit; (4) There is fraud, material misrepresentation, false statement, or · omission of a material fact in any application for a permit or in any supplemental material; (5) An activity authorized under the permit has been conducted in an unlawful manner or in such a manner as-to constitute a menace to the health, safety, or general welfare of the public; (6) Upon a recommendation from the city officials which states that such establishment is being managed, conducted, or maintained without regard for public safety or public healthl (7) For purposes of this section, 'permittee, the case .of a massage/bodywork establishment, shall include the ma~ responsible officer or managing employee. F. When the Chief of Police concludes denial, suspension, revocation or refusal ~to renew a license exists, shall serve the applicarrt or permit holder, either personallycertified ~ddressed to the business or residence address of the app ~permit hoh ith a notice of. denial or notice of intent to suspend, or refuse to ren~ ~rmit. This notice shall statue the reasons for the ac~d~r~i;~ the of the decision, the right of the applicant or the decision to the City Manager, and that the deci: ' will be no appeal is filed within the time permitted. 5.32._210 Appeal of S~us No later than g of notice of revocation, suspension, or deni~irof I, the may appeal the Chief of Police's decision to the the for appeal as set forth in Section 5.32.110 of this of the decision shall be given in the same ;32.110 of this chapter. The decision of the or her designee, shall be final. Unless otherwise si :.,::.,~ burden of proof is on the applicant or permittee in ahyhearing or this chapter. In the event the decision of the City I~l~ager upholdS'~':;~i~ revaluation or non-renewal Of the permit, the applicant or permi~:,.:~shall not b~ii~ntitled to reapply for a permit Under this chapter sooner than nine~;~:~) ~ays a~¥ the date of the decision of the City Manager. 5.32.220 I~;~i~i~'~ Permit. A permit issued under this chapter is restricted and does not confer any property rights or privileges to the holder, and the holder thereof does not have any right to renewal of such permit. The Chief of Police may, without hearing, issue an order suspending the permittee's right to further exercise any privileges granted under such a permit pending final determination made after formal hearing as provided for herein. 5.32.230 Violation and Penalty. A. It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises, the business of massage/bodywork or to render or permit to be rendered massage/bodywork services at a location removed from a massage/bodywork establishment in the absence of a permit issued pursuant to the provisions set forth in this chapter. B. Any massage/bodywork establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be unlawful and a public nuisance, and the City Attorney may, in the of discretion, in addition to or in lieu of prosecuting a criminal actior commence an action or actions, proceeding or proceedings, fo removal and enjoinment thereof, in any manner provided by C..A violation of any of the provisions to with any of the mandatory requirements of this chapter s ~nstitute a ; except that notwithstanding any other prow this code, an~'"'~h violation constituting a misdemeanor under this maY,~:~.the discreti~iof the City Attorney, be charged and prosecuted a~'~?~h~iQf~ii~n. Any viola{ion of this chapter prosecuted as a misdemeanor shall~ ~iShable by a fine of not more than one thousand dollars ($1,0~) .or by im~Oment in the county' jail for a period of not more than six (6) ~n~:?0[:.b)/bot~ine and imprisonment. Any infraction prosecuted Under the~"~row~iO~i:~.o,f thi'§.!!ii::Chapter shall be made punishable by a fine ,d fi'~huQ~!la[S~'~500.00). D.. Each char~h a S'~'rate offense for each and every day durir violati~'h~:~iof any provision of this chapter is committed, 'by and shall, upon conviction, be punished E. discretion, the city may enforce: as criminal, civil and/or administrative violations ~"i~ii'i~,~, It is the du~:?bf th~;~hief of Police to enforce rules and regulations in accor~,c:.e with this cl~'~ip~ter. %!? 5.32.240 ~%i!iSeve rabil i~?; If any seC{i;~i~.~'section, sentence, clause or phrase of this chapter is for any reason held t~'~'be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the Validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsectiOn, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. S:\COU NClL\Ords~Wlassage-Rdln080802.doc 2O B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM August 16, 2002 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST ,1, ~-"~~ .'~'""-? SUBJECT: TAXI STANDS At the last Legislative and Litigation Committee meeting, the Committee asked staff to contact representatives of the Greyhound Bus Station, the Airport.Bus, the Amtrak Station, and the Centennial Garden to determine the feasibility of placing taxi stands in their vicinities. Other areas under discussion included the Rosedale at Highway 99 area and the 18th and Eye Street downtown area. In meeting later with Mr. Armando Elenes, taxi drivers representative, ~t was found that the Amtrak Station was not an issue nor was Rosedale at Highway 99. The 18th and Eye Street downtown area mentioned above was considered to be the area from 19th Street on the north, 18th Street on the south, F Street on the west, and Chester Avenue. This is sometimes referred to as the "downtown bar area." Mr. Elenes indicated that O. L. A. Raza, Inc., at 1630 19th Street would have no objection to the placing of a taxi stand at that location, which would help in locating convenient taxi stands in the "bar area." Upon his contacting this organization they forwarded a letter to the City requesting two taxi stands be placed in front of their office directly east after the handicapped parking on the corner of 19th and "H" Streets. Please see attached letter. Within this area, Lt. Tim Taylor also investigated the possibility of turning parking spots on the west curb of Eye Street by the parking garage into taxi stand areas. The curb is already painted yellow and is being used as a "loading zone°" To make it a "taxi zone" from 6:00 p.m. to 4:00 a.m. would not appear to cause an issue. There is a possibility of three taxi stalls if diagonally configured or two if configured for parallel parking. Staff met with Mr. Charan Anand, General Manager of the Greyhound Bus Station, who initially indicated the possibility of placing two taxi stands east of the Greyhound station on F Street (across from the Post Office). Upon checking with his corporate office, Mr. Legislative and Litigation Committee August 16, 2002 Page 2 Anand was advised that they would prefer not to have the taxi stands at the station because of the concern that problems they had previously experienced would return. I contacted Ms. Cindy Massey, General Manager of the Airport Bus on F Street, regarding the possibility of placing taxi stands in front of the facility (two parking spots currently exist). She felt that designating these spots for taxi stands only would inconvenience her customers. The property management business directly north of the Airport Bus was also contacted to see if they would have objections to placing a taxi stand in one of the two parking stalls north of them on F Street. The management company had recently been sold, but I attempted to make contact with the owner of the building. As of Friday morning, Aug. 16, no a return call had not been received. Contact with the administration of the Centennial Garden/Convention Center complex elicited the information that short term parking directly in front of the complex was used heavily by individuals wishing to purchase tickets to their events. It was felt that turning one or two of these spaces into taxi stands would not be accepted well by the general public. The possibility exists, however, for conversion of two parking spots to taxi stands along N Street south of the Garden by the City's parking lot (known as P1). The request from O. L. A. Raza, Inc., for taxi stands directly in front of it is recommended for approval given no other outstanding issues. Converting the loading zone parking west of the parking garage on Eye Street is recommended for a trial period as is the placement of taxi stands along N. Both locations may be found to be too far away from the customer base to effectively assist taxi-driving activity. Designating taxi stands directly in front of a business has a direct impact on that business. Placing stands in opposition to the business's desire is not recommended. (L&L\M0208161 -TaxiStands) Attachment cc: Lt. Tim Taylor Rug 06 02 02:43p mastermans 8005250396 p.2 Aug-Q6-02 [0:43A OLA ~ CEN"r'I~L 209-782-[057 P.02 O.L.A. Ran, inc. Ci~NTRO DE DERECB0~ DE INMIGRANTF, S 18 Noflb &~iu Street 1~30 lgth ~ 115 W. Main Street, Seite "~" P.O. Box l~) P.O. Box 2303 Visalh~CA 93291 Porter~ige, CA 932~8 Bd~er~letd, CA 93303 (~9) 627-0291 (.~q9) 7~14-1121 (661) 324-1667 August 6, 2002 Ci~ of ihkersfidd aakersfleJd, Cotlfornia RE: 'FA~! STANDS · Dear Centlepersmu: The following shall serve as our teqgesl to the City of Bakersfitld to authorize the piking of two (2) taxi stands in fruat or om' ofl'~e, which is located at 1630 19~ Slreel ia Bakersfield, California. ~ We bdievc that two (2) tm stands can be placed without affecting ogr business. Taxi stattds eau be placed immediately following the first ~wo parking spaces, immediately after the handicapped parkin8 on ~be comer or 19th and "H' SIM. ~cosc feel free to call me if we may be of £urthcr assistance in this nutted. Ateutamente, O.L.A, Raza, Inc. Roberto de la Rosa, Executive Director