Ordinance - 1632•
ORDINANCE NO. 1632
AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING THE WEST COVINA
MUNICIPAL CODE BY REPEALING`ARTICLE V
OF CHAPTER 14 AND BY ADDING NEW ARTICLE V
OF CHAPTER 14 RELATIVE TO MASSAGE PARLORS
AND BATHHOUSES.
WHEREAS, it is in the interest of the public
health, safety, or welfare to provide for the comprehensive
and orderly regulation of massage parlors and bathhouses by
providing certain minimum building., sanitation, and opera-
tion standards for massage parlors and bathhouses, by
providing certain minimum qualifications for the owners and
• operators of massage parlors and bathhouses and employees
thereof and for massage technicians, and by facilitating th-e
ethical practice of massage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The West Covina Municipal Code is
hereby amended by repealing Article V of Chapter 14 in its
entirety.
SECTION 2. The West Covina Municipal Code is
hereby amended by adding new Article V of Chapter 14 as
follows:
ARTICLE V. MASSAGE PARLORS AND BATHHOUSES.
SECTION 14-116. Definitions. For the
purpose of this article, unless the context
clearly requires a different meaning, the
terms set forth in this section shall have
the following meanings:
(a) "Bathhouse" means any place open to the
public, including private club or organization,
wherein any person engages in, conducts or carries
I
On, or permits to be engaged in, conducted or
carried on, baths or showers of any kind whatsoever;
provided, however, such term shall not include
ordinary tub baths or showers where an attendant
is not provided. "Bathhouse" shall include hot
tubs, saunas, steam rooms, or other dry or wet
heat sources..
(b) "Employee" means any person other than a
massage technician, massage parlor licensee, or bath-
house licensee, who works on the premises of a
massage parlor or bathhouse during business hours
in any capacity that excludes physical contact
with the customers.
• (c) "Health officer" means the county health
officer or any other person exercising the duties
of health officer of the city.
(d) "License" means the license to operate
a massage parlor or bathhouse as required by
this article.
(e) "License authority" means the police
chief or his designee charged with the adminis-
tration of this article.
(f) "Massage" means any method of pressure
on, or friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating, manipulating,
or stimulating the external parts of the human
•� body with the hands or with the aid of any mechani-
cal or electrical apparatus or other appliance or
device, with or without such suppl'ementary'aids
as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment, or similar ,
preparations.
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(g) ."Massage parlor" means any place open to
• the public, including private club or organization,
wherein any person engages in, conducts, carries
on, or permits to be engaged in, conducted, or
carried on as a regular function any massage
service or combination of massage and health
services.
(h) "Massage technician" means any person
who administers massage to another person for any
consideration whatsoever. "Message technician"
shall include masseur and masseuse.
(i) "Outcall_service" means the engaging
in, conducting or carrying on of any massage or
bathhouse service for consideration at a location
other than a massage parlor or bathhouse which has
been licensed pursuant to this article.
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(j) "Permit" means the permit to engage in
the activities of a massage technician or massage
or bathhouse employee as required by this article.
(k) "Person" means any individual, associa-
tion, partnership, corporation, joint venture, or
combination thereof.
(1) "Recognized school of massage" means any
school or institution of learning which has been
approved by the Superintendent of Public Instruc-
tion of ,this state pursuant to Education Code Sec-
tion 94300 et seq. and California Administrative
Code, Title 5, Section 18823 et seq. or any suc-
cessor -statute or regulation. Any school or insti-
tution of learning offering or allowing courses
of a massage technician not approved by the
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Superintendent of Public Instruction shall not be
deemed a recognized school of message.
SECTION 14=117. License or Permit.Required-
(a) It is unlawful for any person, as owner,
to engage in, conduct, or carry on or to permit to
be engaged in, conducted, or carried on, the
operation of a massage parlor or bathhouse,
without a valid massage parlor or bathhouse
license issued by the license authority pursuant
to this article.
(b) It is unlawful for any person to engage
in, conduct or carry on the practice of massage
for any compensation whatsoever, without a valid
• massage technician permit issued by the license
authority pursuant to this article. .
(c) It is unlawful for any person who does
not hold a valid massage technician permit or a
valid massage parlor license to work on the
premises of a massage parlor during business
hours, or for a person who does not hold a valid
bathhouse license to work on the premises of a
bathhouse during business hours, without a valid
employee permit issued by the license authority
pursuant to this article.
SECTION 14-118. Outcall Services Prohibited.
It is unlawful for any person, including a person
who holds a valid license or permit issued. by the
license authority pursuant to this article, to
engage in any outcall service.
SECTION 14-119. Exemptions.
(a) This article shall not apply to the
following classes of businesses:
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(1)
Health spas
or
gymnasiums devoting
less than
ten percent
of
their floor area to
massage parlor or bathhouse activity or�a
combination of such activities; provided,
that the massage parlor or bathhouse activity
is not the primary function of the health spa
or gymnasium; and
(2) Hospitals, nursing homes or sanitaria
duly licensed under the laws of this state.
(b) This article shall not apply to the
following classes of persons or to persons working
under the direction of such persons, while engaged
in the performance of their respective professions:
• (1) Barbers and cosmetologists who are.
duly licensed under the laws of this state;
(2) Physicians, surgeons, chiropractors,
osteopaths, physical therapists, nurses,
and other persons who are duly licensed to
practice any healing art under the laws of
this state; and
(3) Trainers of any amateur, semipro-
fessional, or professional athlete or athletic
team.
SECTION 14-120. Application.
(a) The application for a massage parlor or
• bathhouse license or permit shall be filed with
the license authority on forms .provided by the
City for that purpose.
(b) The application shall be accompanied by a
non-refundable .filing fee, as established by.
resolution of the city council. The application
fee shall be used to defray the costs of investiga-.
•
tion and shall not be paid in lieu of any other fees
or takes required under this code. Any individual
who applies for a massage parlor license and who
desires to act as a massage technician within said
establishment shall be required to pay the massage
parlor license fee only.
(c) The applicant shall be required to
provide the following information:
(1) Name and residential address and
telephone;
(2) Driver's license number, if any;
(3) Previous residential addresses,
if any, for the five years immediately prior
to the date of application and the dates of
residence at each;
(4) All other previously used names
and the dates of use of each such name;
E (5) Written proof of being at least
eighteen years of age;
i (6) Fingerprints, taken or caused to
be taken by the license authority;
(7) Weight, height, and color of hair
and eyes, subject to the right of the license
authority to confirm such weight and
height;
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(8) Two two-inch by two-inch prints of
a recent portrait photograph, subject to the
right of the license authority to take, or
cause to be taken, additional photographs;
(9) A complete history of ownership of,
and employment on the premises of, any
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massage parlor or bathhouse or similar
business and of any business, occupation or
employment as a massage technician, including
all permits and licenses and any revocation
or suspension thereof;
(10) A complete business, occupation and
employment history for the three years
immediately prior to the date of application;
(11) Whether the applicant, within the
five years immediately prior to the date of
application, has been convicted or has been
on parole in any state for any crime,
except misdemeanor traffic violations;
• (12) Whether the applicant is currently
required to register under the provisions of
Section 290 of the California Penal Code; and
(13) Whether any business owned by the
applicant, individually or.as a member of an
association, partnership, corporation,
joint venture or any combination thereof,
or any business premises on which the
applicant was employed, was ever subject
to an abatement proceeding under Sections
11225 through 11235 of the California Penal
Code or any provision of law in a jurisdiction
outside this state which is the equivalent
of the aforesaid abatement proceeding.
(d) The application for a massage parlor or
bathhouse license shall be made by the legal owner
of the business. In the event that more than
one person is the legal owner, a separate applica-
tion shall be made by each such person. Every,
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• applicant shall provide, in addition'to the '
information required by subsection (c), the
following information:
(1) If the applicant is a corporation,
the place of incorporation and the name of
the corporation set forth exactly as shown
in its articles of incorporation, together
with the information required by subsection
(c) for each corporate officer, director, and
stockholder holding more than ten.percent of
the stock of the corporation;
(2) If the applicant is an association,
partnership, joint venture, or any combination
thereof; the information required by subsection
(c) for each general partner, limited partner
and individual participant. If one or more
of the general partners, limited partners or
individual participants is a corporation, the
provisions of (2) of this subsection shall apply;
and
(3) The name and address of the proposed
place of business, facilities therefor,land the
exact nature of the services to be offered.
(e) Every applicant for a massage technician
permit shall provide, in addition to the informa-
tion required by subsection (c), the following
information:
(1) The name.and address of the recog-
nized school of massage attended and the
dates attended. An original or certified
copy of the diploma or certificate of gradua-
tion awarded the applicant shall be attached; and
(2) The name and address o.f the massage
parlor where the applicant is to engage in,
conduct or carry on the practice of massage
and the name of the owner of the same.
(f) Every applicant for an employee permit
shall provide, in addition to the information
required by subsection (c), the following information;
( 1 ) The name and address of the ma:ssage
parlor or bathhouse where the applicant is to
work and the name of the owner of the same.
(2) The exact nature of the work to be
performed by the applicant.
SECTION 14-121. Processing of Application.
(a) Within ninety (90) days of accepting an
•
application as complete, the license authority
shall grant the license or permit or shall notify
the applicant in writing of the reasons for the
denial thereof. An applicant who is denied a
license or permit may appeal the decision of the.
license authority to the city council in accordance
with Section 14-129.
(b) The license authority shall grant a
a massage parlor or bathhouse license if:
(1) Each person required_ to comply with
subsection (d) of Section 14-120 has satisfied
the applicable requirements of Section 14-120
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and has not been disqualified pursuant to
Section 14-122; and
(2) An unclassified use permit, issued
pursuant to Chapter 26 of this Code in the
name of each person required to comply with
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subsection (d) of Section 14-120., is in full
. force and effect for the massage parlor or
bathhouse.
(3) The massage parlor or bathhouse,
as proposed by the applicant, complies with
the requirements of Section 14-123 and all
other applicable laws, including, but not
limited to, the city's building; zoning, -and
health regulations.
(c) The license authority shall grant a
massage technician permit to an'individual
person, if :
(1) The applicant has satisfied the
applicable requirements of Section 14-120,
has not been disqualified pursuant to Section
14-122 and has graduated from a recognized
school of massage;_ and
(2) The massage parlor in which the
applicant intends to work has a valid message
parlor license issued by the license
authority pursuant to this article.
(d) The license authorityshall grant an
-employee permit to an individual person if:
(1) The applicant has satisfied the
applicable requirements of Section 14-120 and
has not been disqualified pursuant to Section
. 14-122; and
(2) The massage parlor or bathhouse in
which the applicant .intends to work hasa valid
massage parlor or bathhouse license issued by
the license authority pursuant to this article.
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Qa) Every applicant for a massage parlor or
bathhouse license, massage technician permit or
employee permit must satisfy the following:
• (a) Has attained the age of* eighteen
years;
(b) Within five years immediately prior
to the date of application, has not been con-
victed in a court of competent jurisdiction
of any offense which relates directly to the
operation of a massage parlor or bathhouse,
whether as a massage parlor or bathhouse
owner or employee or as a massage technician,
or at any time, has not been convicted,in a
court of competent jurisdiction of any
felony, the commission of which occurred on
• the premises of a massage parlor or bathhouse;
(c) Within five years immediately prior
to the date of application, has not been
convicted in a court of competent jurisdic-
tion of any felony offense involving the sale
of a controlled substance specified in Sections
11054, 11055, 11056, 11057, or 11058 of the
California Health and Safety Code or of any
offense in a jurisdiction outside this state
which is the equivalent of any of the aforesaid
offenses; or
(d) Within five years immediately prior
to the date of application, has not been
• convicted in a court of competent jurisdic-
tion of any offense involving the use of a
controlled substance, other than marijuana,
specified in Sections 11054, 11055, 11056,
11057, or 11058 of the California Health and
Safety Code or of any offense in a jurisdiction
outside this state which is the equivalent of
any of the aforesaid offenses;
' (e) Within five years immediately prior
to the date of application, has not been
convicted in a court of competent jurisdic-
tion of any violation of Sections 266i, 315,
316, 318, or subdivision (b) of Section 647
of the California Penal Code or conspiracy or
attempt to commit any such offense or of any
offense in a jurisdiction outside this state
which is the equivalent of any of the afore-
said offenses;
(f) . Within five years immediately prior to
the date of application, has not been subjected to
a permanent injunction against the conducting or
maintaining of a nuisance pursuant to abate-
ment proceedings under Sections 11225 through
11235 of the California Penal Code or any
provision of law in a jurisdiction outside
this state which is the equivalent of the
aforesaid permanent injunction;
(g) Is not currently required to
register under the provisions of Section 290
of the California Penal Code; and
(h) Has not knowingly made a false state-
ment or omission of a material fact in the
application.
SECTION 14-123. Massage Parlor and Bathhouse
0 Facilities.
Every massage parlor and bathhouse
licensed by this article shall be established and
maintained by the licensee in accordance with the
following facility requirements:
(a) A minimum of one tub or shower, and one
toilet and washbasin shall be provided.
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• (b) Cabinets or other covered space shall be
provided for the storage of clean linen. Self-
contained receptacles shall be provided for the
storage of all soiled linen and paper towels.'
(c) All lavatories and washbasins shall be
provided with hot and cold running water, soap,
and single -service towels.
(d) Security deposit facilities capable.of
being locked by the customer shall be available
for the protection of his or her valuables.
(e) Pads used on massage tables shall be
covered with durable, washable plastic or other
acceptable waterproof material.
• (f) If provision is made for separate rooms in
which services are to be performed, any doors to
such rooms shall open inward and shall not be
equipped with any locking device.
(g) No massage parlor or bathhouse or any
portion of a building in which such premises are
located shall be used for residential or sleeping
purposes.
(h) Every portion of the premises, including
appliances and apparatus, shall.be kept in good
repair and in a clean and sanitary condition.
(i) Each service offered and the price and
. minimum length of time shall be posted in a conspicuous
public location in the room in which arrangements for
services are.made. No letter or number shall be less
than one-half inch in height.
(j) The massage parlor or*bathhouse license and
the permit of each massage technician and massage or
bathhouse employee who works on the premises shall be
•
displayed in an
open and
conspicuous place on
the
premises of the
massage
parlor or bathhouse.
A
passport -size photograph of the licensee.or permittee
shall be affixed to the respective license or permit
on display. The residential address and telephone
number of the licensee or permittee shall not be
displayed.
SECTION 14-124. Massage Parlor and Bathhouse
Operations. Every massage parlor and bathhouse
licensed by this article shall be operated in
accordance with the following requirements, and every
licensee and permittee shall comply with the applicable
provisions hereof:
(a) The licensee shall require every permittee
to keep, and every licensee and permittee shall
keep, his person and clothing clean and in a sani-
tary condition at all times while on the premises.
(b) The licensee shall provide, in sufficient
quantity, clean and sanitary towels, sheets and
linens. No towel, sheet or linen shall be used by
more than one person or reused unless first laundered.
Heavy white paper may be substituted for sheets,
provided that the paper is used only once and then
discarded into a sanitary receptacle. No licensee or
permittee shall use or permit the use of towels,
sheets or linens in violation of the provisions of
this subsection.
(c) The licensee shall provide disinfecting
agents and sterilizing equipment for all instruments
used in performing massages or other health services.
The licensee shall not permit any massage or other
health service to be administered, and no massage
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• technician shall administer any massage or other
health service with instruments that have not been
disinfected and sterilized after the previous use.
(d) The licensee shall not permit to be sold,
served, furnished, kept or possessed, and no licensee
or permittee shall sell, serve, furnish, keep or
possess, any alcoholic beverage on the premises.
(e) The licensee shall.not permit the premises
to be kept open for business, and no licensee or
permittee shall administer any massage parlor or
bathhouse service, between the hours of ten -thirty
p.m. of one day and seven a.m. of the following
day.
is (f) The licensee shall not permit any permittee
to, and no licensee.or permittee shall, while on the
premises and in the presence of any customer, expose
genitals, buttocks or female breast or make physical
contact with the genitals or anus of any other
person.
(g) The licensee shall not permit any person who
does not hold a valid massage technician permit
issued by the license authority pursuant to this
article to administer massages, and no licensee or
permittee who does not hold such a massage technician
permit shall administer any massage.
(h) The licensee shall require compliance, and
every licensee and permittee shall comply, with the
requirements, that:
(1) All arrangements for massage parlor
and bathhouse services to be performed be made
in a room on the premises that is not used for
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the administration of any massage, bath, or
• other service.
(2) No services be offered, solicited,
performed or charged for other than those
posted.
(3) Arrangements be made, and payment be
made and received, for all services prior to
the performance of the services.
(4) No solicitation or offer be made to
any customer to perform any additional service
after the performance of any pre -arranged ser-
vice for such customer has commenced or any
service which was not arranged by such customer
prior to the ommencement of performance of any
service rendered.
SECTION 14-125. Sale, Transfer, or Amendment.
(a) No person licensed to operate a massage
parlor or bathhouse shall:
(1) Operate under any name or at any
location or conduct business not specified in
the license;
(2) Sell or transfer any interest in such
business that would be required to be reported
pursuant to Section 14-120.
(b) No person to whom a massage technician
permit or a permit to work as an employee in a
• massage parlor or bathhouse has been issued
shall:
(1) Work under any name or at any location
not specified in the permit;
(2) Sell or transfer the permit.
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• I (c) Not less than thirty (30), days prior to
a change of name or location, application may be
made to the license authority for an amendment to
the license or permit. The application shall be
made on forms provided by the City for that
purpose and shall be accompanied by a filing fee,
as established by resolution of the city council.
Within thirty (30) days of accepting an applica-
tion as complete, the license authority shall
approve the requested amendment, provided that
the applicant has complied with all applicable
provisions of this article, or shall notify the
applicant in writing of the reasons for the
0 denial thereof. An applicant who is denied an
amendment may appeal the decision of the license
authority to the city council in accordance with
Section 14-129.
SECTION.14-126. Inspection by License
Authority. The license authority shall have the ,
right to enter any massage parlor or bathhouse
during regular business hours to make reasonable
inspection to ascertain whether the premises and
each licensee and permittee who works on the pre-
mises is in compliance with the provisions of this
article. A warrant shall be obtained whenever
required by law.
• (b) Whenever the license authority has reason
to believe that any provision of this article has
been violated, the licensee or permittee shall be
so notified in writing. Such notice shall state
the nature of the violation and a specific and
reasonable period of time for the correction of the
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violation and shall state that failure to comply
• with the notice may result in the revocation or
suspension of the license or permit.
SECTION 14-127. Grounds for Revocation or
Suspension of License or Permit. Any license or
permit issued pursuant to this article may
suspended or revoked by the license authority
after a hearing before the license authority,
where it is found by clear and convincing evidence
that:
(a) The licensee or permittee has violated
any provision of this article; or
(b) The licensee or permittee has violated,
• or there has been a material charge of fact relative
to, any of the findings upon which the license or
permit was granted;
(c) The licensee is operating or maintaining
the massage parlor or bathhouse so as to constitute a
public nuisance or so as to be detrimental to the
public health, safety or welfare; or
(d) The licensee is operating or maintaining
the massage parlor or bathhouse in a manner that is
not consistent with the license or violates any pro-
vision of this article; or
(e) The licensee or permittee has engaged in
fraud or misrepresentation or has knowingly made a
• misstatement of material fact in applying for the
license or permit, or while operating, working in
or for a massage parlor or bathhouse; or
s (f) The licensee or permittee has failed to
correct a violation found pursuant to Section 14-126;
or
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• (g) The licensee has continued to operate
the massage parlor or bathhouse after the license
has been suspended; or
(h) The permittee has continued to work in
or for a massage parlor or bathhouse after the permit
has been suspended or revoked; or
(i) The licensee has knowingly allowed a
person to work as a massage technician or massage
or bathhouse employee who:
(1) Does not have a valid permit issued
pursuant to this article; or
(2) Has violated any provision of this
article.
SECTION 14-128. Procedure for Revocation or
Suspension.
(a) Before revoking or suspending any license
or permit, the license authority shall give the
licensee or permittee at least ten (10) days written
notice of the alleged grounds for the revocation
or suspension and the time and place for a hearing
on the matter of whether the license or permit shall
be revoked or suspended.
(b) The license authority shall consider all
evidence submitted at the hearing. The hearing may
be continued, for good cause, by the license author-
ity from time to time. The license authority shall,
• at the conclusion of the hearing, make findings of
fact based upon the evidence submitted and shall
decide whether or not the license or permit shall
be revoked or suspended. Written notice of the
license authority's decision shall be given to
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the licensee or permittee within thirty (30) days
• of the conclusion of the hearing.
(c) Any person aggrieved by the action of
the license authority may appeal such decision to the
City Council pursuant to Section 14-129.
SECTION 14-129. Appeal Procedure
(a) All appeals to the City Council shall
be in writing and shall state the reasons therefor.
The appeal shall be filed with the City Clerk within
ten (10) days after the date of personal service
or deposit in the United States postal service of
the written decision of the license authority.
Within thirty (30) days thereafter, the appeal shall
be heard by the City Council.
• (b) The person filing the appeal shall be
given at least ten (10) days prior written notice
of,the time and place for the hearing. The hearing
shall be conducted by the City Council in accordance
with the provisions of Section 1.4-128(b), provided
that nothing herein shall be construed to entitle
the appellant to a hearing de novo, The decision
of the City Council shall be final. ,
SECTION 3. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the
• validity of the remaining portions of this Ordinance. The City
Council declares that,it would have adopted this Ordinance and
each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and City Clerk
shall certify to the passage and adoption of this ordinance
and shall cause the same to be published in the manner
prescribed by law.
PASSED AND APPROVED this 23rd day of April , 1984
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ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I Helene M, Mooney , City Clerk of the
City of West Covina, do hereby certify that the foregoing
Ordinance No. 1632 was regularly -introduced and placed
upon its first reading at a regular meeting of the City
Council on the 9th day of April 1984.. That
thereafter said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 23rd day of
April 1984, by the following vote, to wit:
AYES: Councilmen: Chappell Shearer, Tennant, Bacon
NOES: Councilmen: None
ABSENT: Councilmen: None
OBSTAINED: Councilmember: Manners
City Clerk
APPROVED AS TO FORM:
C///
/Attor ey � ��
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C E R T I F I C A T I O N
State of California )
County of Los Angeles ) ss.
City of west Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accurate copy of Ordinance No.�
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was published, pursuant to law, in the west Covina
Tribune, a newspaper of general circula.tion published
and circulated in the City of west Covina.
Dated s��� IOC
Janet rry, Deputy City Clerk
City of west Covina., California