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;
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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.
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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 ..........
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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
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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