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HomeMy WebLinkAboutORD NO 4011 4011 EMERGENCY ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING PORTIONS OF CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS WHEREAS, an emergency exists making it necessary to provide for the daily operation of a municipal depadment. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Portions of Chapter 5.32 of the Bakersfield Municipal Code are hereby amended to read as follows: 5.32.020 Permit required. A. Except as provided in subsections B, C and D, below, it is unlawful for any person to keep, maintain or operate a massage establishment, or to perform massage for a fee, profit or other compensation, in the city, in violation of this chapter or without having first procured and maintained a valid permit from the city manager or his designee. Except as otherwise provided in this section, each massage technician must hold a valid permit. No more than one massage establishment permit shall be required for any establishment at a single location. B. Subsection A of this section shall not apply to establishments wherein the only persons performing massage are the following: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths or cosmetologists licensed in their respective professions by the State of California pursuant to the Code of Business and Professions; 2. Massage technicians holding valid diplomas or certificates of graduation~from a school or other institution licensed by the State of California,.,~,o,r~ ....... ,,, ,~, ,,' of ,-,.u,.o,,,~,~" .... '~-~, wherein the method, profession or work of massage is taught, ~letiO~ ~ m hOUrs and 100 hours of int ~f massag.~ performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. C. Subsection A of this section shall not apply to the following persons: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths and cosmetologists, all of whom must be licensed in their respective professions issued by the State of California pursuant to the Code of Business and Professions; Page 1 of 5 2. Massage technicians holding valid diplomas or certificates of graduation~from a school or other institution licensed by the State of California Dep~rt,,me,'~t of,_,.,~,,~,~L,,.,,~-' ..... :--, wherein the method, profession or work of massage is taught, showin9.¢9~ least 100 classroom hours and 100 hours of internshil;? both on the sub'e~ of massag_e~ performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. D. "Health facilities" licensed as such by the State of California pursuant to the Health and Safety Code, shall not be required to obtain a permit as a massage establishment, and persons holding a massage technician permit, or who are otherwise authorized to perform massage pursuant to this section, may perform massage on residents therein. (Ord. 3343 §§ 1, 5, 1991' Ord. 3314 § 1, t990). 5.32.030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted to less than fourteen days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, two previous addresses immediately prior to present address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, previous employment for the three years immediately preceding the date of application, prior licenses held and whether such licenses were ever revoked or suspended and the reason therefor, and the arrest record if any, of the applicant and of all persons who will manage the business; 2. The name, mailing address and location of the business; and 3. The business tax certificate number of the business. B. Each application shall be submitted along with two portrait photographs at least two inches by two inches. C. Each applicant shall submit a valid diploma or certificate of graduation~from a school or other institution licensed by the State of California Departm~,t of Fducat:,on wherein the method, profession and work of massage is taught~letion of at least 100 classroom hours and 100 hours of internshi.g both on the subject of massage. D. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful. 2. That neither the applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. Page 2 of 5 5. That a valid business tax certificate has been issued for this business. 6. The applicant is eighteen years of age or older. 7. The applicant for a permit to operate as a massage technician has been granted a valid diploma or certificate of graduation,~from a school or other institution licensed by the State of California r-, ~,~,,~,,,,,~ .... ,.,~,,..o,,.,,, wherein the method, profession or work of massage technicians is taught, showin co..g~.9..~etion of at least 100 classroom hours and 100 hours of internship both on the subject of massage. 8. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application. E. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Section 3.70.040. F.~ Applicants for permits under this section that intend to teach massaqe or o e~_~E~a massag9 school shall in addition to all other ~ments of thiS Code submit a valid license from the State of Califomia authorizin~g such activit~ (Ord. 3343 § 2, 1995: Ord. 3314 § 1, 1990). 5.32.040 Regulations. 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 or booth where massage services are being performed. C. Ventilation shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12. D. All massage establishments shall be operated in compliance with state and local health laws and regulations. E. All employees of the massage establishment, and all persons performing massage shall be eighteen years of age or older. F. No massage establishment shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. G. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit. H. It shall be the responsibility of the holder of the permit for the massage establishment to insure that each person employed as a massage technician shall have first obtained a valid permit pursuant to this chapter. I. The permit holder for the massage establishment shall maintain a current file of all persons employed by him or her. The file shall contain true names and aliases used by such employees, age, birthdate, height, weight, color of hair and eyes, home address, phone numbers, social security number and the date of employment and termination. J. Every person holding a permit pursuant to this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name Page 3 of 5 of the massage technician administering such treatment. The record shall be open to inspection by the city manager or his designee during business hours. Such records shall be maintained for a period of two years. K. No person holding a permit pursuant to this chapter shall permit communication devices to be installed or used in any manner on the premises of the massage establishment so as to interfere with or hinder inspection by a law enforcement officer. L. No person shall conduct or operate, or permit to be conducted or operated, a massage establishment between the hours of ten p.m. and seven a.m. of the following day. M. Any person holding a permit for a massage establishment shall, during business hours, be responsible for, and provide, that the premises be readily accessible and open for inspection by law enforcement officers or other government employees who are charged with enforcement of health and safety or other laws of the city or state. N. The departments of planning, building, fire and health departments shall, from time to time, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this chapter are met. O. No person licensed to do business as provided in this chapter shall operate under any name or conduct the business under any designation not specified in the permit. P. All massage technicians shall hold valid diplomas or certificates of graduation~from a school or other institution licensed by the State of California E~paf'tmem of,_,,u,~o,,,~,~-' .... ':-~, wherein the method, profession or work of massage is taught,.~s~ com~tion of at least 100 classroom hours and 100 hours of internshi. B both on the sulYejejejejejejejejej~ Q. Except as otherwise provided in this chapter, massage shall be performed only at a massage establishment for which a permit has been issued and is valid. (Ord. 3343 § 3, 1991: Ord. 3314 § 1, 1990). SECTION 2. This Ordinance is declared to be an emergency ordinance pursuant to Sections 23 and 24 of the Charter of the City of Bakersfield and shall become effective immediately upon its passage. .......... ooOoo .......... Page 4 of 5 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held onlliL 1_8 200I. by the following vote: ABSTAIN: COUNCiLMEMBER~AR,~I, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER/~/~4.~ COUNCiLMEMBER~t.~4~_ COUNCILMEMBER CITY CLERK and EX OFFIC/~ c;f the Council of the City of Bakers'field APPROVED: _JUL 18 Z001 H'AR~/EY~'. I-fALL, Mayor / CITY OF BAKERSFIELD / APPROVED AS TO FORM: BART J. THILTG EN City Attorney /2 C_. fi RO Deputy City Attorney VG:alj S:~COU NCIL~Ords\5.32Amnd.wpd Page 5 of 5 AFFIDAVIT OF POSTING DOCUMENTS Hall, a full, true and correct copy of the following: Ordinance No. 4011 Bakersfield City Council at a meeting held on the 17th day of entitled: STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 19th day of July , 2001 she posted on the Bulletin Board at City , passed by the July 2001 and AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING PORTIONS OF CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ~I:;LI~ City Clerk S:\Docum ent\FORMS~AOP.ORD.wpd July 19, 2001