HomeMy WebLinkAboutZOA-11-04CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 32
Ordinance No. 15n4
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE
PARLORS
WHEREAS, the City of Wheat Ridge is authorized by CRS 12 -48.5 -101 et seq.
to regulate massage parlors; and
WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of
the practice of massage therapy; and
WHEREAS, the City Council has previously enacted regulations concerning
both massage therapy and massage parlors; and
WHEREAS, the City Council wishes to amend the Code of Laws to conform to
state statutes on this subject.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 . Code Section 16 -226 is amended as follows:
The definition of "Massage Parlor" is amended to read:
MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING
TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE
STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED
WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR
ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH
ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY
LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ.
The definition of "massage" is amended to read:
MASSAGE. ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR
STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR
STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE
HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY
MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT
SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS,
ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER
SIMILAR PREPARATIONS USED IN THIS PRACTICE.
Code Section 16 -26 is further amended by the addition of the following new definitions:
CONSPICUOUS PLACE: ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND
NOT OBSCURED BY ANYTHING AT ANY TIME; ALLOWING A DIRECT LINE OF
SIGHT FROM AND TO THE RECEPTION AREA.
Local licensing authority: THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY
PURSUANT TO C.R.S. § 12 -48.5- 103(3).
Section 2 . Code Section 16-227 ( "Unlawful Acts ") is amended by the addition of new
subsections (c) and (d), to read as follows:
(C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE
PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED
SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED
FROM IMMEDIATELY BELOW THE COLLAR BONE TO
IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS
TO THE ELBOW.
(D) ALL MASSAGE SHALL BE ADMINISTERED IN A
CONSPICUOUS PLACE ON THE PREMISES.
Section 3 . Code Section 16 -230 is amended by removing the references therein to
"city treasurer' and substituting "local massage parlor licensing authority."
Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and
inserting a new subsection (b) to read:
(B) EVERY APPLICANT, LICENSEE, OR AGENT OR
EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL,
PRIOR TO COMMENCING WORK IN OR UPON THE
LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN
AN IDENTITY CARD FROM THE CITY'S POLICE
DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL
LICENSING AUTHORITY AND SHALL CARRY SAID
IDENTITY CARD AT ALL TIMES IN OR UPON THE
LICENSED PREMISES.
Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor" as
a permitted use only in the Industrial (1) District.
Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230
through 11 -240, inclusive, is hereby repealed.
Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16-
240 through 16 -250, inclusive is hereby repealed.
Section 7 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 10th day of October, 2011, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for October 24, 2011 at 7:00 p.m., in the Council Chambers, 7500 West
29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to o , this 24th day of October , 2011.
SIGNED by the Mayor on this 24th day cif 2011.
If
Jerry iTul io, Mayor
ATTEST:
Michael Sno Clerk
( 'J SEA L �
Approved: as to For
f', m
d , 7 ..,
m
* G` rald E. Dahl, City Attor y
First
13, 2011
Second Publication: October 27, 2011
Wheat Ridge Transcript
Effective Date: November 11, 2011
City Council Minutes October 24, 2011 Page 3
Consent Agenda was introduced and read by Mr. DeMott.
Mr. Stites asked to pull 1 C and 1 D; Mrs. Adams asked to pull 1 B.
Motion by Mr. DeMott for approval of the Consent Agenda Items 1A, 1 E, and 1 F
seconded by Mrs. Sang; carried 7 -0.
Item 1 B
Motion by Mrs. Adams to accept Item 1 B_the 32" Avenue right -of -way and construction
easements from the Longs Peak Metropolitan District. I also move to accept the
obligations associated with the assigned use of the District's easements and
engineering documents; seconded by Mr. Stites; carried 7 -0.
Item 1 C'.
Motion by Mr. Stites to cancel the City Council Study Session scheduled for November
7, 2011 and the City Council Regular Council Meeting scheduled for November 14,
2011; seconded by Mr. DeMott; carried 7 -0.
Item in
Motion by Mrs. Sang to approve Resolution 49 -2011, a Resolution approving a second
amendment to the Intergovernmental Agreement between the City of Wheat Ridge and
the Wheat Ridge Urban Renewal Authority, and in connection therewith, approving a
supplemental budget appropriation. I further move to approve payment of the sales tax
increment for the third quarter of fiscal year 2011 from the Town Center Project in the
amount of $91,117.64 to the Wheat Ridge Urban Renewal Authority. I further move to
approve payment of $94,469.24, representing additional sales tax increment payment
obligations for the first two quarters of fiscal year 2011, under that certain Second
Amendment to Intergovernmental Agreement approved by Council on October 24,
2011; seconded by Mr. Stites; carried 6 -1 with Mr. DeMott voting No.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill 32 -2011 — amending the Wheat Ridge Code of Laws concerning
regulation of Massage Therapy and Massage Parlors
Mayor DiTullio opened the public hearing.
Council Bill 32 -2011 was introduced on second reading by Mr. Stites. City Clerk Michael
Snow assigned Ordinance No. 1504.
Chief Brennan; Mr. Dahl provided the staff presentation.
No members of the public were present to speak on the matter.
Mayor DiTullio closed the public hearing.
City Council Minutes October 24, 2011
Page 4
Motion by Mr. Stites to approve Council Bill 32 -2011, on second reading, and that it will
take effect 15 days after final publication; seconded by Mrs. Adams; carried 7 -0.
3 . Resolution 42 -2011 — approving a final plat with right -of -way dedications on
property zoned Planned Commercial Development located at 7495 West 29`
Avenue (Case No. MS -11 -03 /MCPN)
Mayor DiTullio opened the public hearing.
Resolution 42 -2011 was introduced by Ms. Berry
Ms. Reckert provided the staff presentation (amended to this packet).
No members of the public were present to speak on the matter.
Mayor DiTullio closed the public hearing.
Motion by Ms. Berry to approve Resolution No. 42 -2011 a resolution approving a final
subdivision plat on property zoned Planned Commercial Development located at 7495
West 29 Avenue (Case No. MS -11 -03 /MCPN), for the following reasons:
1. All requirements of Article IV of the zoning and development code have
been met.
2. It will accommodate the new development scenario for the property.
With the following conditions
1. A Subdivision Improvements Agreement with financial guarantees will be
required at the time of plat recording.
2. The 25' wide emergency access easement through the site be eliminated
and replaced with a blanket cross - access easement.
Seconded by Mrs. Sang; carried 7 -0.
DECISIONS, RESOLUTIONS, AND MOTIONS
4. Motion to accept the 2010 Comprehensive Annual Financial Report
Motion was introduced by Mr. DeMott.
Wendy Swanhorst of Swanhorst and Company, LLC provided explanation of their role
and findings in the report.
Key to Wheat Ridge Massage Licensing Codes
Code
Means
Comments
• Any location with more than one
therapist.
• Therapists must be state- licensed.
M
Massage therapy center
A non - practicing owner does not
need a state license.
• May locate in any commercial
zone.
• Any massage done by people not
licensed as massage therapists or
other regulated professions that
allow limited massage.
• All employees must follow dress
MP
Massage Parlor
requirement.
• All employees must have the City
picture ID with them.
• Location limited to industrial with
distance requirements.
• Non - itinerant.
• Licensed by Dept. of Regulatory
Agencies
T
Therapist (massage)
• May practice solo without a center
license.
• May be itinerant.
10/27/2011
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City of Wheat Ridge, Colorado
Guidelines for Massage Parlor Attire
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OOCORPOO �.,
Wheat Ridge Municipal Code section 16 -227 -c requires that all
massage parlor employees be appropriately dressed at all times..,
Massage parlor employees must be fully clothed at all
times as follows:��
The neckline must be no lower than immediatelys ;
elow the collarbone.
Sleeves must be worn and reach to the elbow or
longer.
Pants or skirts must fall to at least immediately above 6 -
6
��.1A
the ankle.
t
Clothing must be opaque and without provocative
slits, slashes, cut -outs or flaps. yt`
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ITEM NO:
DATE: October 24, 2011
REQUEST FOR CITY COUNCIL ACTION
d 7-t
CLbS.4.
1 0 QO 0 0
TITLE: COUNCIL BILL NO. 32 -2011 — AN ORDINANCE
AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE - THERAPY
AND MASSAGE PARLORS
❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (10/10/2011)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2" READING (10/24/2011)
❑ RESOLUTIONS
QUASI - JUDICIAL: ❑ YES ❑ NO
WN
City Attorney
20 , A"
City Manager
ISSUE:
At the Study Session on May 2, 2011 Council directed staff to amend various sections of the
Wheat Ridge Code of Laws to conform to state statutes concerning regulation of massage
therapy and massage parlors.
PRIOR ACTION:
In previous years the City Council has enacted regulations concerning massage therapy and
parlors. In 2008, CRS enacted state statutes that prohibit local regulations of the practice of ( _
massage therapy.
C'Gf 41
FINANCIAL IMPACT:
None (��•
BACKGROUND:
State statutes preempt municipalities from regulating massage therapy practice; therefore, the
proposed ordinance will repeal two articles in Chapters 11 and 16 of the Code of Laws dealing
with these activities. V
V :\Forms \CAFtemplate
Council Action Form
October 24, 2011
Page 2
State statutes do allow municipalities to continue to regulate massage parlors. The City's current
regulations on massage parlors would be strengthened by the following additions:
• The City's sales tax division is made the "local licensing authority" for massage parlor
licenses.
• Additional definitions are added to make massage parlor regulation more complete, in light
of the repeal of the prior regulations of massage therapy practice.
• Massage parlor employees are required to have an individual identity card from the police
department.
• Massage must take place in a "conspicuous place" within the massage parlor, which is visible
from the general reception area.
• Massage parlor employees must be fully clothed when on the premises.
• Massage parlors are listed in the zoning code use chart as permitted uses only in the
Industrial District. This is in addition to the (existing) 750 and 1000 foot spacing
requirements which presently apply to massage parlors. Maps showing the effect of these
spacing requirements are attached.
RECOMMENDATION:
Staff recommends Council approve the attached ordinance as written.
"I move to approve Council Bill No. 32 -2011 an ordinance approving the amendment of the
Wheat Ridge Code of Laws concerning the regulation of massage therapy and massage parlors
on second reading, and it will take effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 32 -2011 an ordinance approving the
amendment of the Wheat Ridge Code of Laws concerning the regulation of massage therapy and
massage parlors for the following reason(s) "
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 32 -2011
2. Proposed Separation Maps
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 32
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE
PARLORS
WHEREAS, the City of Wheat Ridge is authorized by CRS 12- 48.5 -101 et seq.
to regulate massage parlors; and
WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of
the practice of massage therapy; and
WHEREAS, the City Council has previously enacted regulations concerning
both massage therapy and massage parlors; and
WHEREAS, the City Council wishes to amend the Code of Laws to conform to
state statutes on this subject.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 . Code Section 16 -226 is amended as follows:
The definition of "Massage Parlor" is amended to read:
MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING
TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE
STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED
WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR
ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH
ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY
LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ.
The definition of "massage" is amended to read:
MASSAGE: ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR
STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR
STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE
HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY
MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT
Attachment 1
SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS,
ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER
SIMILAR PREPARATIONS USED IN THIS PRACTICE.
Code Section 16 -26 is further amended by the addition of the following new definitions:
CONSPICUOUS PLACE. ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND
NOT OBSCURED BY ANYTHING AT ANY TIME; ALLOWING A DIRECT LINE OF
SIGHT FROM AND TO THE RECEPTION AREA.
Local licensing authority: THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY
PURSUANT TO C.R.S. § 12- 48.5- 103(3).
Section 2 . Code Section 16 -227 ( "Unlawful Acts ") is amended by the addition of new
subsections (c) and (d), to read as follows:
(C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE
PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED
SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED
FROM IMMEDIATELY BELOW THE COLLAR BONE TO
IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS
TO THE ELBOW.
(D) ALL MASSAGE SHALL BE ADMINISTERED IN A
CONSPICUOUS PLACE ON THE PREMISES.
Section 3 . Code Section 16 -230 is amended by removing the references therein to
"city treasurer" and substituting "local massage parlor licensing authority."
Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and
inserting a new subsection (b) to read:
(B) EVERY APPLICANT, LICENSEE, OR AGENT OR
EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL,
PRIOR TO COMMENCING WORK IN OR UPON THE
LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN
AN IDENTITY CARD FROM THE CITY'S POLICE
DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL
LICENSING AUTHORITY AND SHALL CARRY SAID
IDENTITY CARD AT ALL TIMES IN OR UPON THE
LICENSED PREMISES.
Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor" as
a permitted use only in the Industrial (1) District.
Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230
through 11 -240, inclusive, is hereby repealed.
Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16-
240 through 16 -250, inclusive is hereby repealed.
Section 7 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter. -
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 10th day of October, 2011, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for October 24, 2011 at 7:00 p.m., in the Council Chambers, 7500 West
29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: October 13, 2011
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
Wheat �dge
Location of Massage Parlors
Massage Parlors & Other Land Uses
The following maps illustrate the separation
requirements established for massage parlors in
Section 16 -234 of the municipal code.
Maps A -D show 750 -foot buffers around existing
parks, childcare facilities, schools, and churches.
These buffers are measured radially from the
property boundaries.
Maps E and F show 1,000 -foot buffers around
existing massage parlors and sexually oriented
businesses. These buffers are measured radially
from the exterior walls of the structure in which
the business is located.
NOT 10 SCALE A
Data Source. City of Wheal Ridge f //� `
Map created by Lauren Mikulak, Planner I. 10/10/2011 N
DISCLAIMER NOTICE This Is a pictorial representation of geographic and demographle inform-tor
Relunce upon the accuracy, reliability and authority of this irdwmaticn is solely requestoes responsibility.
The C4 o1 Wheat Ridge. in Jefferson County. Colorado-. polAraf subdiWQ. of the Stare of
Colorado has compiled for lts use certain cornpulerized information. This information is available to assist
in iden0lymg general areas of eoncem Doty. The compuler¢ed information provided should only be relied
upon vAh conoborafion of the methods, assumptions, and results by a qualified independent source. The
�rser of this information shall indemnity and told hee the City of Wheat Rdge from any and all Yabilities.
A. Parks
JT — _..�
i
C. Schools
Pl__
i
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B. Childcare Facilities
I
1
.
1 1
D. Churches
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F. Sexuallv Oriented Businesses
I
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Attachment 2
1
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Location of Massage Parlors
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is in the Industrial (1) zone district.
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -11B)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement
established for massage parlors in Section 16 -234 of the municipal code.
NOT TO SCALE /,�
Data Source: City of Wheat Ridge �/
Map created by Lauren Mikulak. Planner 1. 10 /10/2011 N
ASCLAIMER NOTICE This is a pictorial representation of geographic and demographic information Reliance upon the accuracy, reliabr% and aut—y of this information m soley requestor's responsibility The City of Wheat Ridge, in Jefferson County.
Colorado —a poleica! subdivision of the State of Colorado- -has compi!ed for its use certain computerized information. This information is avertable to assist in identifying general areas of concern only The computerized information provided shou'.d x,ly be rel ed
upon with corroboration of the methods, assumptions, and resuns by a qualified Independent source . The user of this information sha'''. inderrinTy and hold tree Me City of Wheat Ridge from any and all liabilities. damages, lawsuits, and causes of ac' on that
resuC as a consequence of his reliance on information pro -led herein
1 V • I � '•1 I
I
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I
1
H. Residential Zone Districts
1
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1
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G. Industrial (1) Zone Districts
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- - - - - - --•- -- - -• - -• - - - - -_ -
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I. Residential Zone Districts with 750 -ft Buffer
I ocation of Massage Parlors
iAassage Parlors & Permitted Locations
Map J is a composite of the previous maps (A - 1). Again, the area of Wheat Ridge that is zoned Industrial (1) is shown in
purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing
massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare
facilities, schools, and churches.
Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the
remaining land is approximately 34 acres.
NOT TO SCALE A
Data Source: City of Wheat Ridge
Map created by Lauren Mikulak, Planner I. 10/10/2011 N
; AIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requsstors responsibility. The City of Wheat Ridge, in Jefferson County,
.orado—a political subdivision of the State of Cobrado--has compiled for its use certain computerized infomutlon. This infonnatbn is available to assist in identifying general areas of concern only. The cempuleniaed information provided should only be relied
upon with corroboration of the methods, assumptions, and results by a qualified kWependent sauce. The user of this information shall indermhfy and hold free the City of Wheat Ridge from any and all liabilities. damages, lawsuits, and causes of action that
result as a consequence of his reliance on information provided herein.
r - - -• A
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K. Remaining Industrially -zoned Land
.._.._..— .� i �.._.._ ._.._.._
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City of
Wheat"ige
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J. Separation Buffers & Industrial Zoning
City of
heat R �ic
Location of Massage Parlors
Massage Parlors & Other Land Uses
The following maps illustrate the separation
requirements established for massage parlors in
Section 16 -234 of the municipal code.
Maps A -D show 750 -foot buffers around existing
parks, childcare facilities, schools, and churches.
These buffers are measured radially from the
property boundaries.
Maps E and F show 1,000 -foot buffers around
existing massage parlors and sexually oriented
businesses. These buffers are measured radially
from the exterior walls of the structure in which
the business is located.
NOT IOSCA E
Data Sauce. City of Meat Ridge
Map Qealed by Lauren Mikulak. Planner I, 10110/1011 N
fuS $MER NOTICE TrI le a ryGmu',erye5entaean of Ie e* c aV dem uric!n'um brn
a.— uM . acaracy. Wtia :ry and a✓:he i, °<Il+is n,—.. c sceNy reGUextba reapon"al',
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in xkrr aR,nva' <as a .. mN. TMw ioa xie!. rroron'.v ¢nwtl mN be "tcd
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sa of iM1S inbnueen uu!l IMem,uty arb Iw:d M1ee Iro Cry N tSMVI Rdae Irani aM and aE tY✓'Aixa.
namwey, larvw:ls. aM erusea al aCIKKI Vr, ,e:Wl as a m: :oo— 0 M1s I.— m :nlwn,ata,
A. Parks
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Ed
1 _
C. Schools
E. Massage Parlors
D. Churches
B. Childcare Facilities
F. Sexually Oriented Businesses Attachment 2
Location of Massage Parlors
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is in the Industrial (1) zone district.
Map H shows the area of Wheat Ridge that is zoned residentially
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -113)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
including the following zone districts:
Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement
established for massage parlors in Section 16 -234 of the municipal code.
NOT TO SCALE
Dam Source: Cty of NR,eat Rdgc
M., aeMmd by Lauren Mtkulak. Planner 1. 10/102011 N
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upa+MM W�Krxaux N me mdRWV, anumptbna. aM resu "s q a Qua4iuW Ina<p[ndent Zarin. Tne uxr of NH Nlmma�n LvC iMertnYr aM IwW ktt Lx UY d NTeal R"NF iron, »r arv' d: NY.tki. 0.2nW[s.Ida:v LS. aM causss M aC:an ma;
te•.w. «s a crrv+V +mw of h:: rNaMe m inlarr+lwn prwrJW M[m
H. Residential Zone Districts
G. Industrial (1) Zone Districts
1. Residential Zone Districts with 750 -ft Buffer
of
e
1�
I ocation of Massage Parlors
Massage Parlors & Permitted Locations
Map J is a composite of the previous maps (A - 1). Again, the area of Wheat Ridge that is zoned Industrial (1) is shown in
purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing
massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare
facilities, schools, and churches.
Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the
remaining land is approximately 34 acres.
NOT TO SCl E
Data Somco: City of lMoat Ridge
Map created by Lowen Mkulak, Planner 1, 1011 012 0 1 1 N
:U'._R NOTICE ini, is a Oicuri:i reyefen'vtian w' pwpnpM1C'sq aengarap!uc inlwrw+m. fte:unce ups tnv ucmory. re(uWInY aM auVUnY N IM in!amavon is adeh repueilv's re.-pwzbtlry. iM Lry N KTes Rol. n JMerrm Lwnry.
araco imomvlw,Tr + :�.•o� avaaaer toac,;:t in �amaMrw xneni amass c«�an W zee .nar..sA.+aw;aca o Y
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t tKVI1 as a «meq+erc� of a:x re4anw m i�/wnu: ion pwgea Mren.
K. Remaining Industrially -zoned Land
Cit of
1 a6 t j ge
J. Separation Buffers & Industrial Zoning
Massage Parlor Ordinance Summary
• Council Bill 32 initiated by Council at the recommendation of staff to accomplish 3
principal things:
o Clarify that the state is the primary licenser and regulator of massage therapists
and massage therapy centers — change in state statute from a couple of years
ago
o Better define massage parlors and strengthen the City's operational regulations
of those businesses
o Establish permissible locations for massage parlors
• The last item (permissible locations) is the only amendment to Chapter 26 and that
amendment requires consideration and a recommendation to City Council from the
Planning Commission
• Based on direction from the City Council at 2 previous study sessions, we have taken a
conservative approach in regards to permissible locations
• The proposed ordinance limits massage parlors to Industrial zoning districts
• There are also separation requirements already in the code that require the massage
parlors be a minimum distance from certain other uses, such as schools, parks, churches
and most notably residential zoning districts
• The impacts of those separation requirements is depicted on the maps provided in the
packets
• Based on Industrial zoning and the separation requirements, Maps K and L illustrate
what would be the permissible locations, principally in the northwest part of the City
Commissioner MATTHEWS expressed concern about changing the drainage
when the present system is working in the neighborhood.
Commissioner TIMMS expressed appreciation to staff for working with the
applicant to address neighbors' concerns expressed at the previous Planning
Commission meeting.
It was moved by Commissioner BRINKMAN and seconded by
Commissioner OHM to recommend approval of Case No. MS- 11 -03, a
request for approval of a final plat for property located at 7495 West 29 '
Avenue, for the following reasons:
1. All requirements of Article IV of the zoning and development code
have been met.
2. It will accommodate the
With the following conditions:
1. A Subdivision Improvements Agree
will be required at the time of plat i
2. The 25 -foot wide emergency access
eliminated and replaced with °a_blai
3. The Citv's standard language forb
The
1-31
West
Use
for the property.
through the site be
access easement.
ss access be added.
D: An application filed by Mike
or subdivision plat with right -of -way
Use Commercial Interstate (W-C
)od (MU -N) and located at 11808
Meredith Reckert stated that staff is recommending a continuance of this case to
the November 17` Planning Commission meeting. The applicant has been
informed and is amenable to this continuance.
It was moved'by-,Commissioner MATTHEWS and seconded by
Commissioner OHM to continue Case No. MS -11 -04 to the Planning
Commission meeting of November 17, 2011. The motion carried 5 -0.
C. Case No. ZOA- 11 -04: An ordinance amending Chapter 26 concerning
1 — regulation of massage therapy and massage parlors.
This case was presented by Ken Johnstone. He reviewed the staff report. The
proposed ordinance will clarify that the State is the principal licenser of massage
therapists and massage therapy centers; define massage parlors and strengthen the
Planning Commission Minutes 3 October 20, 2011
City's operational regulations of same; and establish permissible locations for
massage parlors. Staff is in favor of the Commission forwarding a
recommendation of approval to City Council.
Commissioner BRINKMAN asked for an explanation of "conspicuous" as
contained in in Section 2 (D). Mr. Johnstone explained that a manager would be
required on premises with no private rooms.
In response to a question from Commissioner MATTHEWS, Mr. Johnstone
replied that he understands massage, when ancillary to another service such as a
pedicure, would not fall under this ordinance. He will contact the city attorney to
see if the language needs to be refined.
Commissioner TIMMS asked how the three 'existing massage businesses are
zoned. Mr. Johnstone stated that he assumed they are in commercial zones. If the
ordinance is adopted, they would become legal nonconforming uses but would be
subject to the operational requirements of the ordinance. These businesses would
be a use by right in industrial zones.
In response to a question from Commissioner MATTHEWS, Mr. Johnstone stated
that the ordinance would not affect massage therapists with home occupations
who go to clients' homes.
In response to a question from Commissioner TIMMS, Mr. Johnstone explained
that massage- parlors would not be allowed in mixed use transit oriented
of the public. Hearing no
was moved by Commissioner MATTHEWS and seconded by
munissioner TIMMS to recommend approval of Council Bill 32, Series
11,,as it pertains to,Chapter26 of the municipal code, for the following
1. The ordinan& is consistent with applicable state statutes
2. The ordinance provides for a reasonable amount of land for massage
parlor operations, preserving the City's primary commercial
corridors for other higher intensity uses as contemplated in the City's
Comprehensive Plan.
The motion carried 5 -0.
Planning Commission Minutes 4 October 20, 2011
- r C(S
- -- - - -- -
- \� V N I A yr/pV V 1= -- - -- - - -- -
V\e
- �I
�I
V - -- - -_. - �_
-I
° City of
Wheatjdge PLANNING COMMISSION
COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: October 20, 2011
TITLE: Council Bill 32 — An ordinance amending the Wheat Ridge
Code of Laws concerning regulation of massage therapy and
massage parlors
CASE NO. ZOA -11 -04
® PUBLIC HEARING
❑ RESOLUTION
® CODE CHANGE ORDINANCE
❑ STUDY SESSION ITEM
Case Manager: Kenneth Johnstone, AICP, Community Development Director
Date of Preparation: October 13, 2011
SUMMARY:
The attached ordinance amends the City's regulations pertaining to massage therapy and massage
parlors. State statutes also regulate these types of businesses and the proposed ordinance aligns the
City's ordinance with state statutes. The ordinance accomplishes three things: 1) clarifies that the state
is the principal licenser of massage therapists and massage therapy centers; 2) defines massage parlors
and strengthens the City's operational regulations of the same; and 3) establishes permissible locations
for massage parlors.
BACKGROUND
State statutes generally preempt municipalities from regulating massage therapy and therapists, which
are officially licensed through the state. The state does allow municipalities to regulate massage
therapy and therapists in regards to zoning districts and business licensing and the city currently
regulates in that manner.
State statues also allow municipalities to regulate massage parlors, which are essentially massage
operations that do not meet the state licensing requirements for massage therapists in terms of
certifications and training. At the request of the City Staff, City Council recently considered possible
changes to the municipal code that better align municipal ordinances with state law in regards to both
massage therapy and massage parlors. The topic was discussed at study sessions on May 2, 2011 and
October 3, 2011. The proposed ordinance has been drafted based on City Council direction.
The proposed changes to Chapter 26 of the municipal code (Zoning and Development) require review
and a recommendation to City Council fi the Planning Commission.
STATEMENT OF THE ISSUES:
In regards to massage therapy, the ordinance clarifies that the state has the lead role in licensing
massage therapists and massage therapy centers. Those clarifications require changes to Chapters 11
and 16 of the municipal code, over which the Planning Commission does not have jurisdiction. The
changes in regards to massage parlors are twofold: 1) changes that bolster the operational regulations;
and 2) additions to the code defining which zoning districts massage parlors are allowed to locate
within.
The changes regarding operational regulations are included in Chapter 16 of the municipal code and
the Planning Commission is not required to review. The changes to Chapter 26, defining allowable
zoning districts for massage parlors, require the Planning Commission to review and make a
recommendation to City Council.
Currently, the municipal code is silent in regards to permissible zoning districts for massage parlors.
The ordinance proposes that massage parlors be allowed only in Industrial (I) zoning districts. The
municipal code already requires that massage parlors be separated by 750 feet from the following:
churches, day cares, schools, public parks, residential zoning districts and residential land uses.
Additionally, a separation of 1,000 feet is required from other massage parlors and sexually oriented
businesses. The combined effect of these separation requirements and the proposed allowance for
massage parlors in Industrial zoning districts is depicted in the attached maps. As you will note in
Figures K and L, permissible locations would generally be in the far northwest part of town and one
small area in the far northeast part of the City.
RECOMMENDED MOTION:
Staff recommends the Planning Commission adopt the following motion:
"I move to recommend approval Council Bill 32, Series 2011, as it pertains to Chapter 26 of the
municipal code, for the following reasons:
1. The ordinance is consistent with applicable state statutes
2. The ordinance provides for a reasonable amount of land for massage parlor operations,
preserving the City's primary commercial corridors for other higher intensity uses as
contemplated in the City's Comprehensive Plan."
Or,
"I move to recommend denial of Council Bill 32, Series 2011, as it pertains to Chapter 26 of the
municipal code, for the following reasons:
Exhibits:
Council Bill 32 -2011
Maps depicting massage parlor locations
2
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 32
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE
PARLORS
WHEREAS, the City of Wheat Ridge is authorized by CRS 12- 48.5 -101 et seq.
to regulate massage parlors; and
WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of
the practice of massage therapy; and
WHEREAS, the City Council has previously enacted regulations concerning
both massage therapy and massage parlors; and
WHEREAS, the City Council wishes to amend the Code of Laws to conform to
state statutes on this subject.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 . Code Section 16 -226 is amended as follows:
The definition of "Massage Parlor" is amended to read:
MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING
TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE
STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED
WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR
ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH
ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY
LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ.
The definition of "massage" is amended to read:
MASSAGE: ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR
STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR
STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE
HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY
MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT
SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS,
ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER
SIMILAR PREPARATIONS USED IN THIS PRACTICE.
Code Section 16 -26 is further amended by the addition of the following new definitions:
CONSPICUOUS PLACE: ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND
NOT OBSCURED BY ANYTHING AT ANY TIME; ALLOWING A DIRECT LINE OF
SIGHT FROM AND TO THE RECEPTION AREA.
Local licensing authority: THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY
PURSUANT TO C.R.S. § 12- 48.5- 103(3).
Section 2 . Code Section 16 -227 ( "Unlawful Acts ") is amended by the addition of new
subsections (c) and (d), to read as follows:
(C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE
PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED
SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED
FROM IMMEDIATELY BELOW THE COLLAR BONE TO
IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS
TO THE ELBOW.
(D) ALL MASSAGE SHALL BE ADMINISTERED IN A
CONSPICUOUS PLACE ON THE PREMISES.
Section 3 . Code Section 16 -230 is amended by removing the references therein to
"city treasurer' and substituting "local massage parlor licensing authority."
Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and
inserting a new subsection (b) to read:
(B) EVERY APPLICANT, LICENSEE, OR AGENT OR
EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL,
PRIOR TO COMMENCING WORK IN OR UPON THE
LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN
AN IDENTITY CARD FROM THE CITY'S POLICE
DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL
LICENSING AUTHORITY AND SHALL CARRY SAID
IDENTITY CARD AT ALL TIMES IN OR UPON THE
LICENSED PREMISES.
Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor" as
a permitted use only in the Industrial (1) District.
Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230
through 11 -240, inclusive, is hereby repealed.
Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16-
240 through 16 -250, inclusive is hereby repealed.
Section 7 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 10th day of October, 2011, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for October 24, 2011 at 7:00 p.m., in the Council Chambers, 7500 West
2g Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of .1 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: October 13, 2011
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
Wheatj�i C- e
Location of Massage Parlors
Massage Parlors & Other Land Uses
The following maps illustrate the separation
requirements established for massage parlors in
Section 16 -234 of the municipal code.
Maps A -D show 750 -foot buffers around existing
parks, childcare facilities, schools, and churches.
These buffers are measured radially from the
property boundaries.
Maps E and F show 1,000 -foot buffers around
existing massage parlors and sexually oriented
businesses. These buffers are measured radially
from the exterior walls of the structure in which
the business is located.
NOT TO ,.. CI
M a p Source'. y L r lAk Ridge
Map mated by Lauren Mikulak, Planner 1, 10 /102011 N
i
w
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T vM G[mpnplvc n!amatbn.
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a(
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.n lamr +,p penerai ara: a m„un wr. TM �,:.cnue o,axn aweea + +n a,lr a
uynwM meoMa: IX m as d noW mi, arN r 0 bi R ua. I 4WVpenEe e zwrte. The
u ser of IinMnaaan wv ntr+mrtr a noa ece ue ee dwrca: e W rona,na^aaomci
Eamaaez. Wnufi. uq cwsa W acti uuY rc[�1f a mmoqumm nl h, re4vitt wwmalron
proWCd Mrevl.
A. Parks
C. Schools
E. Massage Parlors
D. Churches
F. Sexually Oriented Businesses
B. Childcare Facilities
A
� i
B. Childcare Facilities
Location of Massage Parlors
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is in the Industrial (I) zone district.
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1 A)
Residential -One B (R -16)
Residential -One C (RAC)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement
established for massage parlors in Section 16 -234 of the municipal code.
NOT TO SCALE
Darn Source: City et Menl Rd,
Map aealed by Lauren Mlkulak, Planner I, 10/102011 N
D ".SCW AIER NOTICE Ttix is a pe:a'ial rt «cam�avon U OooJraMlc vW Eemgtaptic In(«rtulbn. ReWna• e?xl Ne acwracy, rNUliCry aM u:Nmy N lan In!omulen n adNy!tywilNS �euonxA[h ire Cay d \Men fltlge, m Je!!ersm County,
ColoraCO -a {v.'itical cuWiviim dUw 54t1e of CoKKaCo-ftaa wmp'N for iLL uxe oMan w'rpan¢eE mlomutixlTa in(crtnalron is avylaEb to axvxt In Nen'.ff✓9 pa^aral amax IX arcvm NY ifta ro^WE«'zN b2amasn paioN NNE oNy bo rNiM
upon v!T pa!rpeprar a u\e!r2max. axxamr .x, a� rcsa� W a oaawmE mEepmaenl wvm. Tne uur a Iro rr «maupn NaJ mEemnh am nolE nee Ine un w w!Kal wEO<rmm any vw au 1'aC:X:ea. mmapea.lawlNls. sw m acopn ma:
.mu ax a mnxwuxr,� dna,N.a� «, arem,ama praVaxE n «�;,.
G. Industrial (1) Zone Districts
W City of
heat Ridge
H. Residential Zone Districts I. Residential Zone Districts with 750 -ft Buffer
Location of Massage Parlors
Massage Parlors & Permitted Locations
Map J is a composite of the previous maps (A - 1). Again, the area of Wheat Ridge that is zoned Industrial (I) is shown in
purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing
massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare
facilities, schools, and churches.
Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the
remaining land is approximately 34 acres.
NOT TO SCALE
pal., Sources. City o1 M.W Ridpo
Map oealetl by Lauren K1,kulak, Plannn 1, 10 /102011 N
OISCW LIER NOTICE ibis is a piclCrid rryesmla'vm d propraptvc aM Cemo]rapRC inNrtnat�. RNiarce upm Ne atvncy, rNiaGJGy aM auNmY d Nrs iM.arN'vM n alley rvqueirry a «zpanvOtiry. Tne Crty dWT <N fld0e, b Jertersm Wunty.
CdwaCo-a glCicil au�vxm CI Lb 5!afe of CdwaCo-lvi mmp:M (CI ib vu IXN;C oxpNttuM blwmalm. TM1{ vJamilvn i{ avaLaOb b azuY in ihnti}ap yprrtN aroii N vmttvnm'y. Tlie mmylniad r'a'malwn paMeE SMIC my Ee refuel
uNn xiN mrtoWxm M the meMCZ, azssmp:rrrs, aM reavtta q a 9caHrtd MeyenOenl spree. ilie vae, d Prb iMartuton sNA uVt+mry aN MYC M1ee Ine Gry d Wlcal Rrc'ga hom aM arrC aN LaS.ltiea, Camapei. Lxnub. uE o,xf d.xim Wf
K. Remaining Industrially -zoned Land
City of
W heat -Midge
J. Separation Buffers & Industrial Zoning
City of
Wheat�idge
�( ITEM NO:
DATE: October 10, 2011
� '\ �� IQUEST FOR CITY COUNCIL ACTION
�S
TITLE: COUNCIL BILL NO. 32 -2011 - AN ORDINANCE
AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY
AND MASSAGE PARLORS
❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (10/10/2011)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (10/24/2011)
❑ RESOLUTIONS
QUASI - JUDICIAL: ❑ YES ❑ NO
f a-ti-m i l z UUU V
City Manager
City Attorney
ISSUE:
At the Study Session on May 2, 2011 Council directed staff to amend various sections of the
Wheat Ridge Code of Laws to conform to state statutes concerning regulation of massage
therapy and massage parlors.
PRIOR ACTION:
In previous years the City Council has enacted regulations concerning massage therapy and
parlors. In 2008, CRS enacted state statutes that prohibit local regulations of the practice of
massage therapy.
FINANCIAL IMPACT:
None
BACKGROUND:
State statutes preempt municipalities from regulating massage therapy practice; therefore, the
proposed ordinance will repeal two articles in Chapters 11 and 16 of the Code of Laws dealing
with these activities.
V :\Forms \CAFtemplate
Council Action Form
October 10, 2011
Page 2
State statutes do allow municipalities to continue to regulate massage parlors. The City's current
regulations on massage parlors would be strengthened by the following additions:
• The City's sales tax division is made the "local licensing authority" for massage parlor
licenses.
• Additional definitions are added to make massage parlor regulation more complete, in light
of the repeal of the prior regulations of massage therapy practice.
• Massage parlor employees are required to have an individual identity card from the police
department.
• Massage must take place in a "conspicuous place" within the massage parlor, which is visible
from the general reception area.
• Massage parlor employees must be fully clothed when on the premises.
• Massage parlors are listed in the zoning code use chart as permitted uses only in the
Industrial District. This is in addition to the (existing) 750 and 1000 foot spacing
requirements which presently apply to massage parlors. Maps showing the effect of these
spacing requirements are attached.
RECOMMENDATION:
Staff recommends Council approve the attached ordinance as written.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 32 -2011 an ordinance approving the amendment of the
Wheat Ridge Code of Laws concerning the regulation of massage therapy and massage parlors
on first reading, order it published, public hearing set for Monday, October 24, 2011, at 7:00
p.m. in City Council Chambers, and that it will take effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 32 -2011 an ordinance approving the
amendment of the Wheat Ridge Code of Laws concerning the regulation of massage therapy and
massage parlors for the following reason(s) "
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 32 -2011
2. Proposed Separation Maps
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 32
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE
PARLORS
WHEREAS, the City of Wheat Ridge is authorized by CRS 12 -48.5 -101 et seq.
to regulate massage parlors; and
WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of
the practice of massage therapy; and
WHEREAS, the City Council has previously enacted regulations concerning
both massage therapy and massage parlors; and
WHEREAS, the City Council wishes to amend the Code of Laws to conform to
state statutes on this subject.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 . Code Section 16 -226 is amended as follows
The definition of "Massage Parlor" is amended to read:
MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING
TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE
STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED
WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR
ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH
ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY
LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ.
The definition of "massage" is amended to read:
MASSAGE. ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR
STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR
STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE
HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY
MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT
Attachment 1
SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS,
ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER
SIMILAR PREPARATIONS USED IN THIS PRACTICE.
Code Section 16 -26 is further amended by the addition of the following new definitions:
CONSPICUOUS PLACE: ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND
NOT OBSCURED BY ANYTHING-AT ANY TIME; ALLOWING A DIRECT LINE OF
SIGHT FROM AND TO THE RECEPTION AREA.
Local licensing authority. THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY
PURSUANT TO C.R.S. § 12- 48.5- 103(3).
Section 2 . Code Section 16 -227 ( "Unlawful Acts ") is amended by the addition of new
subsections (c) and (d), to read as follows:
(C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE
PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED
SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED
FROM IMMEDIATELY BELOW THE COLLAR BONE TO
IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS
TO THE ELBOW.
(D) ALL MASSAGE SHALL BE ADMINISTERED IN A
CONSPICUOUS PLACE ON THE PREMISES.
Section 3 . Code Section 16 -230 is amended by removing the references therein to
"city treasurer" and substituting "local massage parlor licensing authority."
Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and
inserting a new subsection (b) to read:
(B) EVERY APPLICANT, LICENSEE, OR AGENT OR
EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL,
PRIOR TO COMMENCING WORK IN OR UPON THE
LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN
AN IDENTITY CARD FROM THE CITY'S POLICE
DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL
LICENSING AUTHORITY AND SHALL CARRY SAID
IDENTITY CARD AT ALL TIMES IN OR UPON THE
LICENSED PREMISES.
Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor" as
a permitted use only in the Industrial (1) District.
Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230
through 11 -240, inclusive, is hereby repealed.
Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16-
240 through 16 -250, inclusive is hereby repealed.
Section 7 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this _day of 2011, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge, and Public Hearing and consideration on
final passage set for 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
Wheat Pioge
Proposed Separations
Massage Parlors & Other Land Uses
Maps A -F show 1000 -foot circular buffers around
existing sexually- oriented businesses, childcare
facilities, medical marijuana centers, churches,
massage parlors, and schools, respectively.
The circular buffers are measured radially from
the property boundaries.
TO SCALE A
Data Source: City of Wheat Ridge
Map addled by Lauren Mikulak, Planner 1, 5142011 N
ofSCWKER NOTICE Thie Ic a pdodal «M<centaEOn al OeoPaptuc and dema,,hi, information.
Reliance upon tlm acamry. reliadlly and nan.M of Nrs nb,r aI ,n ei xolety reQUestol¢ re.ponvEiLry.
The Ciry of M-i Ride, In 3e0e n Cwnry. Gdorado —e p.Innal aub6nialon of Ne Stale of
Comod". compikd W Itt uae <etlain wnyiNenxed inbxmntlon. nis inlo,ma6m avai
In lable m
to aiat
in id, rrinn,9 ,e Ia,eaaofconcern ry. The compulnixed inlo,motion pm dad ah- ld onlybe ¢lied
upon _,in conobom0an of Ne meMada, anumpdons, and 1-1. by a 11 11ed Independenl wuece. The
eam rof M,'Info.lnn shall mdem and hold tree Ne any of M,,. R d, M1om any and oa Ii.Neti,
aye :. law.wm, and cau.ex r.gi an, trull - a ea ¢ewence 0 hb Wiana an inm,maoan
E. Massage Parlors
D. Churches
IA&i nM • P
B. Childcare Facilities
A. Sexually- Oriented Businesses
C. Medical Marijuana Centers
Proposed Separations
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is zoned industrially, including the following zone districts:
Industial (1)
Planned Industrial Development (PID)
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -16)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 1000 -foot circular buffer around all residential zone districts.
NOT TO SCALE y g
Data Source'. y L hlikulak, of Wheal ak,
Map aeah b
d y Lauren Planner l S"J /1011 A N
D.St 4EH NOME TNs¢ a pc[n.L reyezenta dQe nJ Mle ane Mn,n.y,s rldmaWn. Naz'sv upon an. a . ,reYa4iry ona.Srlb.1 Inn, "n rrnuOm iz zo repuezlvzres SC.ry. 1M Cal M"Ar. REye, n Jee.'_ Canty.
GKKE y cal W m W L e51a•ed -twwrr a lp's use ctt;a�n arizM nlwr. •wrtTM uLUrrulen IMb 551'n ktnlRy rp Omttal areas otwrrem anry.iM mmpu'enleE nlamarmpwEN C'rou9myEerNM
ox+ ». � carcewa.an w vx meu,ms. 'non, am rewm W a awurea Inaearnaml sar«. me a:u of me mhrl..,�n naa memory arw hoa rcee me car of vmea; rewoe van acv are as 4anuea m,uar. linu4 .m eaves a acma wl
roses as amr,wquoam of nu roman milnal:,ar r, ao.�Enveu,.
G. Industrial Zone Districts
City of
Industrial (1)
Planned Industrial Development (PID)
H. Residential Zone Districts I. Residential Zone Districts with 1000 -ft Buffer
Proposed Separations
Massage Parlors & Permitted Locations
Map J shows the area of Wheat Ridge that is zoned Industrial (1) in purple. This area is overlaid with 1000 -foot circular buffers
around all residential zone districts and all existing sexually- oriented businesses, childcare facilities, medical marijuana centers,
churches, massage parlors, and schools.
Maps K and L show the industrially -zoned land that remains after applying the proposed separation buffers. The gross area of
the remaining land is approximately 26 acres.
NOT TO SCALE
Data Source'. City of NTeat Rid0e
Map Created by Laumn M kulak Planner 1. 9912011 N
OISCUIM1'ER NOTICE TNS Id a peloeW,,Ics<n == IX BeNN,,No IN doi N,' u<Infan..R1raxc u,Nn I,N n—nny, I Tmyd INl rmY.on is .ueY IiNu dd' s ny TM C3Ya Vo<- R6'g<, In JM<rsm Ce,nty,
CobraOo-apy 4w'auYivsa,of lire 5tal <INCC'«adabas mmp'M I«i.n use cmzn m,TMm<M
Tel r. TNS n' «malun's ava ndemmfj arb t asiol'mden i I"QNd <ral Nd n Rid clmnmmoNy.TMCOmpu'.enied n'mnY pmiand sM1ev' OaCont
upan w:N mmb«alkn M tlt nreYUtls, assumplWn, aM r<wm by a qua!(.cd MepcnEmt s«rc<t. lne u <r of Ws Inl«maton olra!I IE<mruly q!d fine llre GY NT<al pe fiwn anY and a3 fiaNWes, 6mupes, 4tnsu4s, and mvuz d aOwn Nat
msw an a mnxq�<rk<a na rella,rm m mr «mawnanwed nu<m.
K. Remaining Industrially -zoned Area
City �yy--e of
J. Separation Buffers & Industrial Zoning
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J. Separation Buffers & Industrial Zoning
CITY OF WHEAT RIDGE
NOTICE OF PUBLIC HEARING
BEFORE PLANNING COMMISSION
ON PROPOSED ZONING CODE AMENDMENT
NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct
a Public Hearing on October 20, 2011 at 7:00 p.m. in the City Council Chambers,
Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado, to consider Case
No. ZOA- 11 -04, amendments to Chapter 26, Zoning & Development Code, concerning
regulation of massage therapy and massage parlors. All interested citizens are invited to
speak at the Public Hearing or submit written comments.
The proposed ordinance is available in electronic form on the City's official website,
www.ci.wheatrid ee co.us Legal Notices. Copies are also available in printed form in the
Community Development Department.
Published: Wheat Ridge Transcript, October 13, 2011
City of
WheatRi�dge
Location of Massage Parlors
Massage Parlors & Other Land Uses
The following maps illustrate the separation
requirements established for massage parlors in
Section 16 -234 of the municipal code.
Maps A -D show 750 -foot buffers around existing
parks, childcare facilities, schools, and churches.
These buffers are measured radially from the
property boundaries.
Maps E and F show 1,000 -foot buffers around
existing massage parlors and sexually oriented
businesses. These buffers are measured radially
from the exterior walls of the structure in which
the business is located.
Q�
NOT TO SCALE
Daly Saace: City of Wreat Ridge
Map orealeel by Lauren Millull Planner 1, 1011 10R10 11 N
DI5 MER NOTICE This is a pclofal regesmNlwi al OeW�'aMc anC Emgyaptiic mlwma:ign.
Tl .1 ve R aq. rcliab aM a 0—.V . a Nemrortna:imb b mu oa & r L" Sol, Tl,e Gry of NRaat RN i ,, J e,. Co " oe u
eonna (ulitol on im of u Stale of
a A, a0 ,,rerW la, , of um mrl o i Th6lnfra
a nid. li aysode ro n,
m bmlR,vy omax . a w,a+a aq. TM mmpnaysa iMwmam, wmam anwu only ec mea
upm wan mmbontion of ox meuwaa. azwmavmz, aee «vinbr a puerea vweo«wml zaa =. Tnz
as cl ' inlq, ' a n LNT iMMNfy aM urt htt VIC cry cf Yaa.'al fltlpa xml am aM av E.miIGCi.
damaan, Wwsuta, aM .. a acria, Na< mw't as a omuqurnce d Ivz rcluae an Ntamatia,
MoMm Mmsi.
A. Parks
C. Schools
E. Massage Parlors
D. Churches
F. Sexually Oriented Businesses
B. Childcare Facilities
"Al
4
B. Childcare Facilities
Location of Massage Parlors
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is in the Industrial (1) zone district.
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -113)
Residential -One C (RAC)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement
established for massage parlors in Section 16 -234 of the municipal code.
NOT TO SCALE
Data Source: City of Wheat Ridge
Map aealed by Lauren M,kulak, Planner 1, 101=011 N
�,,��(.,s i n d�toa.✓
OISCWMER NOTICE IN$ Is a pdo,ul reprezenlxwn d 6ea,re hic and deht rr e mlon a on RNUre u the a=N,C,, rNUdity and auVmry of 1Na WertnaLm,s sael, unai re PON Ry. The Cry of Meat "0. n Jellexrt G RN
"Oon C a polaGl w e etad SUIe ofCaaaCO- IVSmmpka Qu Wi use mrlam ron,pu:e,vM,n —Of mbrtnaax,aavalabk to anvilni Of art R Urp,2vn aYy, e mm .u CvRamae+v, paM itm'4 a ii d;eNrcC
upa"vmn NT a of h .Ofh ef he K uoe n.1inea. or rewb CyaawrKE MryTVMenl zcu¢. me use, of NR �nra aton stullnx 1y and held fire the GnaHTem Rqpe rceT Yry aM A Lid'�R,ei, Uanuaes. u.wM1S,aM GUSCYa aCIKK�wI
resin asawnxwexe an.. +rr n�mNlawuon ywaea neren.
G. Industrial (1) Zone Districts
City of
Wheat Ridge
H. Residential Zone Districts 1. Residential Zone Districts with 750 -ft Buffer
t
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................ ........... .
G. Industrial (1) Zone Districts
City of
Wheat Ridge
H. Residential Zone Districts 1. Residential Zone Districts with 750 -ft Buffer
Location of Massage Parlors
Massage Parlors & Permitted Locations
Map J is a composite of the previous maps (A - I). Again, the area of Wheat Ridge that is zoned Industrial (1) is shown in
purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing
massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare
facilities, schools, and churches.
Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the
remaining land is approximately 34 acres.
NOT TO SCALE
Data Source. Cdy of Wheal Pell,
Map mated by Lamen Mikulak, Planner 1, 10110/2011 N
CISQNMER NOTICE Thh la a pklc
Cdwa d th p9id[al w0 t aNe:
,-U I as o xtN mrtMwaGn d ha J
W mniryuem his elarce
ter rtzusem en mrt�x,lss
awt +wv wepera t sauce.
K. Remaining Industrially -zoned Land
d era rronna:wn a Tne Cey o1 Mn t Ntloe. In arreraon eeu
ene`YM 11... d mxv+n ttlY. TTe eunp ". Veer a. yMON sWdU my be relcf
tt Te Or, 0 %Teat Rie a 1. .1 aM 0la4a. S, ea-1 -, Itxsuiti, sd tauus 0 actron Nat
City of
W heat �idge
J. Separation Buffers & Industrial Zoning
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'r.UEGi- iEVh�t EIST'E.R
TO: Mayor and Council
MEMORANDUM
FROM: Gerald Dahl, City Attorney
DATE: September 28, 2011
RE: Regulation of Massage Therapy and Massage Parlors
The attached ordinance implements the policy direction given to staff during the Council study
session on May 2, 2011. This ordinance amends various sections of the Code of Laws to conform
to current state statutes on massage therapy and massage parlor regulation.
The major changes are as follows:
The state statute preempts municipalities from regulating massage therapy practice;
accordingly, the two articles in Chapters 11 and 16 of the Code of Laws dealing with
these activities are repealed.
The state statute does allow municipalities to continue to regulate massage parlors. The
City's current regulations on massage parlors are strengthened by the following
additions:
• The city's sales tax division is made the "local licensing authority" for massage parlor
licenses.
• Additional definitions are added to make massage parlor regulation more complete, in
light of the repeal of the prior regulations of massage therapy practice.
• Massage parlor employees are required to have an individual identity card from the
police department.
• Massage must take place in a "conspicuous place" within the massage parlor, which
is visible from the general reception area.
• Massage parlor employees must be fully clothed when on the premises.
• Massage parlors are listed in the zoning code use chart as permitted uses only in the
Industrial District. This is in addition to the (existing) 750 and 1000 foot spacing
requirements which presently apply to massage parlors. Maps showing the effect of
these spacing requirements are attached.
ATTACHMENTS:
1. Draft Ordinance
2. Proposed Separation Maps
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No. _
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING REGULATION OF MASSAGE THERAPY AND MASSAGE
PARLORS
WHEREAS, the City of Wheat Ridge is authorized by CRS 12- 48.5 -101 et seq.
to regulate massage parlors; and
WHEREAS, CRS 12- 35.5 -118, enacted in 2008, prohibits local regulation of
the practice of massage therapy; and
WHEREAS, the City Council has previously enacted regulations concerning
both massage therapy and massage parlors; and
WHEREAS, the City Council wishes to amend the Code of Laws to conform to
state statutes on this subject.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 . Code Section 16 -226 is amended as follows
The definition of "Massage Parlor" is amended to read:
MASSAGE PARLOR: ANY FACILITY PROVIDING MASSAGE, EXCLUDING
TRAINING ROOMS OF PUBLIC AND PRIVATE SCHOOLS ACCREDITED BY THE
STATE BOARD OF EDUCATION OR APPROVED BY THE DIVISION CHARGED
WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, TRAINING ROOMS OF RECOGNIZED PROFESSIONAL OR AMATEUR
ATHLETIC TEAMS, LICENSED HEALTH CARE FACILITIES, AND FACILITIES WHICH
ARE OPERATED FOR THE PURPOSE OF MASSAGE THERAPY PERFORMED BY
LICENSED MASSAGE THERAPISTS PURSUANT TO CRS 12- 35.5 -101 ET SEQ.
The definition of "massage" is amended to read:
MASSAGE: ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR
STROKING, KNEADING, RUBBING, TAPPING, POUNDING, VIBRATING OR
STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE
HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY
MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT
Attachment 1
SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS,
ANTISEPTICS, OILS, POWDER, CREAMS, LOTIONS, OINTMENTS OR OTHER
SIMILAR PREPARATIONS USED IN THIS PRACTICE.
Code Section 16 -26 is further amended by the addition of the following new definitions:
CONSPICUOUS PLACE: ANY PLACE WITHIN THE PREMISES AT EYE LEVEL AND
NOT OBSCURED BY ANYTHING AT ANY TIME; ALLOWING A DIRECT LINE OF
SIGHT FROM AND TO THE RECEPTION AREA.
Local licensing authority. THE SALES TAX DIVISION OF THE ADMINISTRATIVE
SERVICES DEPARTMENT IS THE DESIGNATED LOCAL LICENSING AUTHORITY
PURSUANT TO C.R.S. § 12- 48.5- 103(3).
Section 2 . Code Section 16 -227 ( "Unlawful Acts ") is amended by the addition of new
subsections (c) and (d), to read as follows:
(C) NO EMPLOYEE OF A MASSAGE PARLOR SHALL BE
PRESENT IN SUCH PARLOR UNLESS FULLY CLOTHED
SUCH AS TO BE COMPLETELY AND OPAQUELY COVERED
FROM IMMEDIATELY BELOW THE COLLAR BONE TO
IMMEDIATELY ABOVE THE ANKLE, INCLUDING THE ARMS
TO THE ELBOW.
(D) ALL MASSAGE SHALL BE ADMINISTERED IN A
CONSPICUOUS PLACE ON THE PREMISES.
Section 3 . Code Section 16 -230 is amended by removing the references therein to
"city treasurer" and substituting "local massage parlor licensing authority."
Code Section 16 -230 is further amended by re- lettering subsection (b) as (c) and
inserting a new subsection (b) to read:
(B) EVERY APPLICANT, LICENSEE, OR AGENT OR
EMPLOYEE OF SAID APPLICANT OR LICENSEE SHALL,
PRIOR TO COMMENCING WORK IN OR UPON THE
LICENSED PREMISES OF A MASSAGE PARLOR, OBTAIN
AN IDENTITY CARD FROM THE CITY'S POLICE
DEPARTMENT IN A FORM PRESCRIBED BY THE LOCAL
LICENSING AUTHORITY AND SHALL CARRY SAID
IDENTITY CARD AT ALL TIMES IN OR UPON THE
LICENSED PREMISES.
Section 4 . Code Section 26 -204, is amended by adding a line for "Massage Parlor' as
a permitted use only in the Industrial (1) District.
Section 5 . Article X of Chapter 11, entitled "Massage Services," Section 11 -230
through 11 -240, inclusive, is hereby repealed.
Section 6 . Article X of Chapter 16, entitled "Massage Therapy Practice," Section 16-
240 through 16 -250, inclusive is hereby repealed.
Section 7 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this _ day of 2011, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge, and Public Hearing and consideration on
final passage set for , 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 2g Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
heat e
Proposed Separations
Massage Parlors & Other Land Uses
Maps A -F show 1000 -foot circular buffers around
existing sexually- oriented businesses, childcare
facilities, medical marijuana centers, churches,
massage parlors, and schools, respectively.
The circular buffers are measured radially from
the property boundaries.
Attachment 2
]SCA E A
Dap : city Wiw Rie
el go
Map ue.t.daletl by Lau ron Mikulek, Plunnar 1, 5 /42017 N
OISCWMER NOTICE il,la b a pICrcW rtgeamNSan of Ba'pmpYk aW demopnp�k Nbmwibl.
Reliercn,rym" emaary. mWb mN eia i,, o11Na W. bnoWy mgeeab(a mspm ay
Tlq Clly a W I RW,,. h .bRpam Cwmly. Cob2Co-e pa41tN uOCMnbn a Me Slab Ot
LObaOalue mnptlM bYa wa ceMN ¢mpNditW NIa,mGx,. TNa Momw%n N we3ebb Nectiat
m aenw wmw amea mwncem mry. me maroabnzea Wmnotim pmweee nlwwa c+r ne Hasa
uGOn xfTwnOEOmOan oltlw N
.11y, C
eM emlmv5on:. enE tyd h'equ oft gepenlml aaum. Ttw
Deer a M hMnebn e1wB NEe roN tree tlw M M \Ngel RI ham enr eE
mM t a aNea.
tlmnepen, IemWS. enE tayses d aUOn ttat muM oa a awepumw al Ra m4enm on lwnnbn
piwkeE MrvM.
E. Massage Parlors
D. Churches
F. Schools
B. Childcare Facilities
A. Sexually- Oriented Businesses
C. Medical Marijuana Centers
Proposed Separations
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is zoned industrially, including the following zone districts:
Industial (1)
Planned Industrial Development (PID)
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -16)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 1000 -foot circular buffer around all residential zone districts.
NOT To SCALE
Data Source: City Y at RICfle at
Map waleE by Laura,en a Mkulak, Plannor I. S41Q01 i N
015 .ER NOTICE T Ii .l a pcfma' a, n .¢ien N OwA�a.MU<aM Oertrop�aN�ic Nlwmptim. R,Gn Vpam Pe a< ,.Oa ar, eM auTUfry of Tn<City N \Weil Rtl . m JO.v. G O,.
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?m -11 DMMYaf41m M IM 0 '. aisurtytipn >, pM rtSVb bJ p VVY^2tl <p`mOd11 V5N O(I
YVIt<. T1u hiz lwrtu[gI bN'J NLeirv1 fy asq Mq htt M Cfy [f NMa1 (YgOe f pm M f O:Y�6, Cnm.pp<S Ipr.SU'3. ¢q fnus<z N Nim %,a!
'0,0 a ronszpuor�tt� of his M.vwe m NlwmaWn pwiOOE MroN,
H. Residential Zone Districts
City of
heat d�ge
G. Industrial Zone Districts
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Industrial (1) EM
Planned Industrial Development (PID) ,
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Proposed Separations
Massage Parlors & Permitted Locations
Map J shows the area of Wheat Ridge that is zoned Industrial (1) in purple. This area is overlaid with 1000 -foot circular buffers
around all residential zone districts and all existing sexually- oriented businesses, childcare facilities, medical marijuana centers,
churches, massage parlors, and schools.
Maps K and L show the industrially -zoned land that remains after applying the proposed separation buffers. The gross area of
the remaining land is approximately 26 acres.
NOT TO SCALE
O.0 Source City o! M"t Ridge
IAap uea1M by Lauren U WA, Plan.., I, 5/82011 N
pISCWI,\EN f:OitCE lT' "a a pvxiy,epmzenbim d payrayvezN Ccnepiaplv<N1wma'vm. Rciunee,gvi uro am,racy, epla'v.61Y aM avPwEy d Iln Nlamatn'I rs W2y nyusWS eeryaas32.ry. ilc Ciry o! NTeal Rile, in JeYera, Camy,
CdwaEO- apy:lipl[iDlrai,n WNe SUfeof CdaaEW,as mmpEml lw its uw wroin corny tnvM'n'omup0. I
h R n' lonis alabk Navualm' -11. C, lareas eY olu m1y.TM1e wTWYri+M KmnalmporEeGSMUlimiy be reMW
upon mtM1 CMptvr3'um d Ne melpGS, a wmp'iwrs, aM rewhi by a etW4lnt vbeµmCCnl ic¢m. 1Te usc� d l�ia v, wma'm yNp rgrnv,i!y a,V wYI ett IM1e C,ly NWn RNpe Iran ury aN ss11a1'd+a, Ja,xpei IaMUiS, aN taUUS d aGpn Nal
tttNl as a m'iiseq,ervs otliis re:iv,m m nlwmatwn proilM Mmrt
K. Remaining Industrially -zoned Area
City of
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J. Separation Buffers & Industrial Zoning
Page 1 of 1
Kenneth Johnstone
From:
Lauren Mikulak
Sent:
Tuesday, May 10, 2011 8:19 AM
To:
Kenneth Johnstone
Subject:
Massage Parlor Maps
Attachments: Massage_Parlor_Maps_Draft2.pdf
Ken,
Attached are the updated maps for the proposed massage parlor separations. This version illustrates an
analysis of the Industrial (1) zone district only; it does not include PIDs. I have added a fourth page to
show the alternative without the buffer around residential districts. In summary:
With the 1000 -foot buffer around residential zone districts, 26 acres remain.
Without the 1000 -foot buffer around residential zone districts, 102 acres remain.
Let me know how I can consolidate or update the maps for the next version.
Be well,
Lauren E. Mikulak
Planner
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303 - 235 -2845
Fax: 303 - 234 -2845
www.ci.wheatridge.co.us
CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity
named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this
communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original
message, and delete the original message from your computer, and any network to which your computer is connected. Thank you.
a
5,10,2011
e 'er City of
Wheatj�idge
COMMUNITY DEVELOPMENT
Memorandum
TO: Ken Johnstone, Community Development Director
FROM: Lauren Mikulak, Planner I UM
DATE: May 5, 2011
SUBJECT: Proposed Separations for Massage Parlors
The attached maps reflect the proposed separation requirements for massage parlors. The
proposed separations are 1000 feet from existing schools, churches, sexually- oriented businesses,
other massage parlors, medical marijuana centers, daycares and all residential zone districts.
The buffers shown in the attached maps are circular buffers that are measured radially and
include the area within 1000 feet of property lines and zone district boundaries, respectively.
Massage parlors are proposed to be permitted only in industrial zone districts. With the
application of all proposed separations, the gross area of the remaining industrially -zoned land is
approximately 128 acres.
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Proposed Separations
Massage Parlors & Other Land Uses
Maps A -F show 1000 -foot circular buffers around
existing sexually- oriented businesses, childcare
facilities, medical marijuana centers, churches,
massage parlors, and schools, respectively.
The circular buffers are measured radially from
the property boundaries.
NOT TO SCALE
Data Source: City of Wheat Ridge
Map created by Lauren Mikulak, Planner 1, 942011
A
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A. Sexually- Oriented Businesses
E. Massage Parlors
D. Churches
F. Schools
B. Childcare Facilities
C. Medical Marijuana Centers
Proposed Separations
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is zoned industrially, including the following zone districts:
Industial (1)
Planned Industrial Development (PID)
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1 A)
Residential -One B (R -18)
Residential -One C (R -1 C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 1000 -foot circular buffer around all residential zone districts.
NOT TO SCl E
Data Sown:a; City of NR,eal Ridga
Map mateC by Lauran Mlkulak, Plannar 1, 514=1 N1
OIS MFR NOTICE TNa h a pctMal,apomnzLm of pooprap,e mM Emapm inb,maNn. ROG ep n Ina a¢wtty. mlud4ry aM In r a Wa Inbnnalbn la mlgy m@ro ,t mapw My. TM Gry a N f Rid'. N Jo .n Carry.
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upa+wln mnm«aum or To naNMS, awmpWnt eM maJh try a GaaaMC IMepxgenl caam. TN asst a we MfwnaEan awl IMam,ry atl NW Iron U+o Gry a WTOaI iWpe Iron aery sA m 4a01NOa. Eamopos, wwita. aM ausea of oeion Nal
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G. Industrial Zone Districts
City of
Wheat f�idge
H. Residential Zone Districts I. Residential Zone Districts with 1000 -ft Buffer
j _.. d L
Proposed Separations
Massage Parlors
Map J shows the area of Wheat Ridge that is zoned industrially in purple. This area is overlaid with 1000 -foot circular buffers
around all residential zone districts and all existing sexually- oriented businesses, childcare facilities, medical marijuana centers,
churches, massage parlors, and schools.
Maps K and L show the industrially -zoned land that remains after applying the proposed separation buffers. The gross area of
remaining land is approximately 128 acres. The dark purple represents the Industrial (1) zone district, and the light purple
represents the Planned Industrial Development (PID) zone district. Of the remaining land, the majority is zoned PID.
NOT TO SCALE
Data Source: City of Wheal Ridge
Map created by Lauren Mikulak, Planner I, 5102011 N
OISGW MER NOTICE iNa is a ptlMY mpmmnmL4n of gaograp'tit une Oartpya(lYC Inmm,alvM. ReSanry urn W amuxy, mWdcry aM oWImN d W a InMmalm m vJay rvpwWCla mapsvd4ty. Tiq Gry d NTmt (Wae. N Jungaon Cewry,
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apm wiN wa000ruUOa of ma awy,oaa. aawRprbna. aaa mvae oy a murtwa Intlaaoaaoa(awaw. Tno uw. of uvs Intmnaem cnan Iroomrvry aro Iwo treo vw Gryd wnml wage rmn vay xa an uabJNm. oanxdea, mvnum, am rausaa d mvm mal
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K. Remaining Industrially -zoned Area Planned Industrial Development (PID)
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W heat LAND USE APPLICATION FORM
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Case No. ZOA1104 Date Received i, 5/5/2011 i Related Cases f Case Planner
Johnstone -
Case Description Amend code concerning massage parlors
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Name F6 ty of Wheat Ridge Name - r Phone
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Proposed Separations
Massage Parlors & Other Land Uses
Maps A -F show 1000 -foot circular buffers around
existing sexually- oriented businesses, childcare
facilities, medical marijuana centers, churches,
massage parlors, and schools, respectively.
The circular buffers are measured radially from
the property boundaries.
NOT TO SCALE
Oaia Source: City of Wheal Ridge
Map Gated by Lauren Mikulek, Planner I, 5142011 N
OISCW MOO NOTICE i 4 4 a vkJO,bl ,op,ovan n of pO rmhK wd dmi mhW Whm n.
Re4mce WTI. aw+o ,n4obTY mW n.O ry of. N(amvbm 6 eddy reoea am,Pm,00ry.
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emepae, NxauXS. aM .u.a d nCJan Ml of usWt Pa o mnaWau,. w ee4en. Inimr tim
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D. Churches
F. Schools
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B. Childcare Facilities
A. Sexually- Oriented Businesses
C. Medical Marijuana Centers
Proposed Separations
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is zoned industrially, including the following zone districts:
Industial (1)
Planned Industrial Development (PID)
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1A)
Residential -One B (R -16)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 1000 -foot circular buffer around all residential zone districts.
NOT TO SCALE
Data Source: City of Wheat Ridge
Nap created by Lauren M. d.k. Plannor 1.6 ,12011 N
o;sanw.ER rronce mlE Ix a ycw.vw mpnumiaan of o<wraalxc ine u�mwraona n:«miwn. aeain� Lim x acwriEy. �eeoe..n 1
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upon wn oxmu«aran o mi meme :. i..:,ny .aroresonaW iawlxalw�xnem: awice.mev «of mis IMOmvum Lnnu aw�mny vw roame emavmea we9c emninr ina rI,:mm. mmwe.ta..vr as n�rss ar acron ew:
iixon of i mniwoina orn. r� on mtvmoron r=.,d=d nnnw,.
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G. Industrial Zone Districts
Industrial (I)
Planned Industrial Development (PID) -
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H. Residential Zone Districts I. Residential Zone Districts with 1000 -ft Buffer
Proposed Separations
Massage Parlors & Permitted Locations
Map J shows the area of Wheat Ridge that is zoned Industrial (1) in purple. This area is overlaid with 1000 -foot circular buffers
around all residential zone districts and all existing sexually- oriented businesses, childcare facilities, medical marijuana centers,
churches, massage parlors, and schools.
Maps K and L show the industrially -zoned land that remains after applying the proposed separation buffers. The gross area of
the remaining land is approximately 26 acres.
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NOT TO SCALE
Data Source: City of Meat Ridge
Map created by Lauren Mikutak. Planner I. 519.0011 N ' 1.._.
OISQNI.!ER NOi10E TFn n a ycmnk repexnlavm IX gwgvptic rN CrnW,aptiv nlmtu40n. RNa,rce,gm IM aaurary. r Iw[AitY vM wttroNY IX W - (omwm I: sdtly 2yuesb(e yan'LtaY. M GttY «NTeal Rrlpe.ln Jet!ttm Coumy.
C«waEO -a rostie>t a„Sdvsis d W S!a4 olCdxvM- Fasromp[N KK ih acre mien mryulerved M!OmuDm. iF «mnekn I[ 'v1aGb b astisl m Me Ofyity perch eroaad onsm mtY. iTO wmpMixW N >nutim p ovMM shwW Doyle mod
J. Separation Buffers & Industrial Zoning
resvh vs a cnce�mce of Fic reWnrn m kilomw;pn ywAeE Mrart
K. Remaining Industrially -zoned Area
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Data Source: City of Meat Ridge
Map created by Lauren Mikutak. Planner I. 519.0011 N ' 1.._.
OISQNI.!ER NOi10E TFn n a ycmnk repexnlavm IX gwgvptic rN CrnW,aptiv nlmtu40n. RNa,rce,gm IM aaurary. r Iw[AitY vM wttroNY IX W - (omwm I: sdtly 2yuesb(e yan'LtaY. M GttY «NTeal Rrlpe.ln Jet!ttm Coumy.
C«waEO -a rostie>t a„Sdvsis d W S!a4 olCdxvM- Fasromp[N KK ih acre mien mryulerved M!OmuDm. iF «mnekn I[ 'v1aGb b astisl m Me Ofyity perch eroaad onsm mtY. iTO wmpMixW N >nutim p ovMM shwW Doyle mod
J. Separation Buffers & Industrial Zoning
resvh vs a cnce�mce of Fic reWnrn m kilomw;pn ywAeE Mrart
K. Remaining Industrially -zoned Area
NI l_) R p .4
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KLIEG0.�i m_M3�-t E�STEi?
R EhiA tJ C1 LLFs
MEMORANDUM
TO: Mayor and Council
FROM: Gerald Dahl, City Attorney
DATE: April 26, 2011
RE: Regulation of Massage
The purpose of this memorandum is to summarize for the Council the current manner in
which the City regulates massage parlors, massage therapy centers and the individual
practice of massage therapy, to recommend certain changes, and to request Council
direction for future regulation. I have been assisted in the preparation of this
memorandum by Chief Dan Brennan, Sales Tax Supervisor Kathy Franklin, Lt. Dave
Pickett, and Community Development Director Ken Johnstone.
The City presently has three (3) sets of regulations governing these topics, most
recently amended in 2006:
Massage Services: Code Sections 11 -230 through 11 -240
These Code sections regulate massage therapy centers and massage therapists
employed by these centers, who have specific training (500 hours of training in
massage therapy). A massage therapy center license or a massage therapy license is
required in addition to a City business license.
Persons operating massage therapy centers and massage therapists are considered
general retail services, and are not subject to any particular distance or spacing
requirements under the City's zoning code. These uses are shown as permitted uses in
all of the City's commercial districts as well as the City's industrial districts.
Massage Therapy Practice: Code Sections 16 -240 through 16 -250
Article XI of Chapter 16 of the Code of Laws addresses individual massage therapists
not operating out of a massage therapy center, who have received the 500 hours of
training in massage therapy. A City business license is required. No separation or
distancing requirements are applied, and these uses may take place in any of the City's
commercial or industrial districts.
Massage Parlors: Code Sections 16 -223 through 16 -235
Massage parlors are regulated by Article X of Chapter 16. The primary distinction
between a massage parlor and a massage therapy center or massage therapist is that
the persons giving massage are not required to have the 500 hours of training, and are
therefore not providing "massage therapy," as defined in Code Section 16 -225. A City
business license is required for operation. License fees and renewals are $50 under
C.R.S. 12 -48.5 -101, there is no state "massage parlor license;" instead, it is clear that
local governments are designated as the local licensing authority for that purpose,
C.R.S. 12 -48.5 -105.
Unique to the massage parlor operation is the restriction that it may not be granted
within 750 feet of a church, day care center, school, public park, residential district or
the property line of a lot devoted to residential use. Further, no massage parlor may be
operated within 1000 feet of another massage parlor or any sexually oriented business
licensed under Chapter 3 of the Code of Laws. Presently, the Community Development
Department does not measure the spacing requirements for massage parlors, as those
appear in Chapter 16.
"Massage Parlors" are not specifically listed in the Chapter 26 zone district use chart,
Code 26 -204, although they could be considered similar to massage therapy centers. If
so, they are permitted uses in all commercial and industrial districts.
State Statutory Requirements
C.R.S. 12- 35.5 -118, enacted in 2008, rop hibits local governments from regulating the
"practice or profession of massage therapy C.R.S. 12- 48.5 -101, et sue, does give
local governments the authority to regulate massage parlors and was not amended in
2008 when 12- 35.5 -118 was adopted, so the two have to be read together, despite the
fact that there is also a (limited) definition of massage in 12 -48.5 -103.
Because of C.R.S. 12- 35.5 -118, the City should repeal all its sections on massage
except the massage parlor code, Article X of Chapter 16 and the references in Chapter
26 that allow massage therapists and massage therapy centers in certain zone districts
and as a home occupation. The Council should also decide whether to apply more
stringent requirements to those parlors, as the statute allows. C.R.S. 12 -48.5 -118. The
state's "Massage Parlor Code" at C.R.S. 12 -48.5 -101, et seer. requires that individuals
providing massage or staff who work in massage parlors must apply to the local
licensing authority [in this case, the City] for a local license. No state license is required.
The statute specifically provides that local governments may enact ordinances and
resolutions providing more stringent standards for such operations. The statute does
not permit local governments to completely prohibit the operation of massage parlors
unless approved by local voters at an election. CRS 12- 48.5 -117.
-2-
Options for Council Action
Massage parlors are more stringently regulated with respect to their distance from
churches, schools, residential uses and other massage parlors: Code 16 -234. The City
does not have a legal basis to refuse to issue massage parlor licenses under Chapter
16 Article X and the parallel state statute, C.R.S. 12 -48.5 -101, on the basis that the
persons operating these centers have not received 500 hours of instruction; that is
simply not required by statute or the City's Code as at present.
In order to bring the City into compliance with the state statute:
• The Council should repeal Code Sections 11 -230 through 11 -240, and 16 -240
through 16 -250, all of which deal with "legitimate" massage therapy practice, and
which is now fully regulated only by state statute. These massage operation
uses will still be required to obtain the standard City business license.
• Because massage parlors are permitted by state statue, the City must begin
processing massage parlor applications under the present Article X of Chapter
16, which does not require 500 hours of instruction. The distance and spacing
requirements of Chapter 16 will continue to apply.
• Council should determine what agency or department within the City should
serve as the "local licensing authority" for massage parlor licenses, as required
by the state statute, C.R.S. 12- 48.5 -101 et seq. Under the statute, this is the City
Council, unless the Council designates another body or department. We
recommend an administrative staff, as was chosen for medical marijuana
licenses.
• Include under Section 16 -226, Definitions, a reference to C.R.S. 12- 48.5- 105(4)
requiring licensing of individuals involved in massage therapy, i.e. "Every
applicant, licensee, or agent or employee of said applicant or licensee shall, prior
to commencing work in or upon the licensed premises, obtain an identity card
from the law enforcement agency within the licensing jurisdiction in a form
prescribed by the local licensing authority and shall carry said identity card at all
times in or upon the licensed premises."
• The definitions in Section 16 -226 should be expanded to include definitions for
Conspicuous Place, and Massage since we are removing the definition of
massage therapy.
The Council should also consider the following options with respect to massage ap rlors
• Since the state statute allows local governments to impose more stringent
requirements upon massage parlors than contained in the statute, amend
Chapter 11, Article X to impose additional restrictions, which could include
one or more of the following:
-3-
o Require standard clothing for all employees [similar to language in the
Code sections on sexually- oriented uses, requiring that defined
portions of the body be fully and opaquely covered]
o Require a direct line of sight from a (staffed) manager's station to all
locations where massage is given.
o Provide for a right of entry to authorized City officials during regular
business hours for the purpose of monitoring compliance with the
Code and state statutory standards applicable to massage parlors.
Amend the zoning code to specifically address massage parlors as permitted
uses in specified zone districts. Consider restricting massage parlors only to
certain zone districts, as is currently done for sexually- oriented businesses
(industrial zone districts only).
Encourage the submission of a petition under CRS 12- 48.5 -117 submitting a
question to the registered electors prohibiting the operation of massage
parlors within the City. A citizen petition is required to do this; the statute
does not permit prohibition merely by action of the City Council.
me
Page 1 of 4
Kenneth Johnstone
From: Kathy Franklin
Sent: Monday, April 18, 20114:00 PM
To: Daniel Brennan; Dave Pickett; Mark Cooney; Kenneth Johnstone; Kathy Field; Danielle Trujillo
Cc: Heather Geyer
Subject: RE: Massage Parlor Licensing in the Interim
Attachments: Massage Parlor Employee ID Kit.pdf; Massage Parlor Business License 0411.pdf
Dan,
Here are the updated parlor license and employee ID forms. The parlor license is to be completed by the
owner(s). Each owner of 5% or more (per the statute) must complete the supplements to submit with the
original application. Each owner must also be ID'd. It's a $50 charge per parlor per year, not per owner.
Each employee must complete the employee ID kit, paying only the fees PD may need to collect. Each
employee supplement will go on file with the parlor with which it's associated if approved or denied. IDs
will be mailed upon successful licensing of the parlor or vetting of the employee (subsequent to a
communication from PD).
Does anyone object to the following process for a parlor?
1. Tax receives the application, ensures it is complete and makes a clear copy of official IDs or driver
licenses as applicable. These become part of the supplement.
2. The application packet is routed to Comm Dev for Z and B approvals.
a. Approval or denial is signed on the application.
b. A denial is communicated to the applicant as normal.
c. The application is then routed to PD for back - grounding and a note is emailed to Tax.
3. PD conducts a financial and criminal back - ground as permitted by statute.
a. If passed, IDs are printed, the application is initialed and returned to Tax.
b. If any owner is denied, it's indicated on the application which is returned to Tax.
4. Tax issues the license and associated IDs or communicates about back - ground based denials.
5. Denied applications will be scanned and retained on a secure server for three years. (J drive,
Sales Tax file).
6. Approved applications will be set up in the tax software and documents will be scanned and
attached. The tax software resides on a secure server.
How about for an employee?
1. Tax receives the employee ID kit, ensures it is complete and takes a clear copy of both sides of an
official ID or driver license. These become part of the supplement/kit.
2. The kit is logged then sent with the employee to PD for the photo and back - ground.
3. PD returns the approved or denied kit to Tax with an ID if appropriate.
4. Tax calls the parlor and mails the ID if appropriate.
5. Tax scans the employee kit and attaches it to the parlor's account. The kit will be accessible for
cross- referencing by PD via its access to ADG.
Questions? Ideas? Frustrations?
More now than ever, we need electronic processing!
Thanks!
Kathy Franklin
Sales Tax Supervisor
City of Wheat Ridge
Office Phone /Fax: 303 - 235 -2825
4/19/2011
Page 2 of 4
"SAVE A TREE. DON'T PRINT THIS E -MAIL UNLESS IT'S REALLY NECESSARY."
City of
W heat I�dge
A[ 3,14ENiSrR. \'CIV€ Sr'RVlcrs
From: Daniel Brennan
Sent: Friday, April 15, 2011 12:11 PM
To: Gerald Dahl; Kathy Franklin; Dave Pickett
Cc: Heather Geyer; Mark Cooney
Subject: RE: Massage Parlor Licensing in the Interim
Since 2006, there have been several meetings regarding our new massage ordinance and then
the adoption of a new State Statute regarding massage therapists and massage therapy
centers. In discussing Kathy and Mr. Dahl's emails today with my staff, they recall that in 2009
the police department was told we were no longer in the business of conducting backgrounds,
licensing or producing identification cards related to massage businesses. I am not sure how
this occurred yet; however, there was no distinction made between massage therapy centers,
massage therapists or massage parlors. As a result, the police department discontinued
backgrounds and issuing cards for massage parlors.
After looking at Kathy's questions, Mr. Dahl's response and some research, it appears that the
department should still be conducting backgrounds, premise checks and issuing ID cards for
those individuals who are not state certified as massage therapists and offer other services that
are excluded from the Practice Act.
For the short term, I need to do some research and planning with my staff on how we will
accomplish this piece. State Statutes already cover what a law enforcement agency can do, so
I see no need to add any additional language on this to the ordinance. If I am missing
something, let me know Mr. Dahl.
Kathy, can you please send me what you require from a licensee, i.e. applications, etc.
Thanks,
Daniel G. Brennan
Chief of Police
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303 - 235 -2913
City of
Wheattidge
PO
€ CF DFI'ART,MI:NT
CONFIDENTIALITY NO'17C1 : This e-mail contains business - confidential information. It is intended only for the use of the
individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution,
electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us
immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which
your computer is connected. 'Thank you.
From: Gerald Dahl [mailto:GDahl @mdkrlaw.com]
Sent: Friday, April 15, 2011 12:01 AM
To: Kathy Franklin; Dave Pickett
Cc: Daniel Brennan; Heather Geyer
4/19/2011
Page 3 of 4
Subject: RE: Massage Parlor Licensing in the Interim
Regarding Kathy's questions:
• While we are waiting to go to Council on this, the PD can still have the process to issue ID cards.
Remember that the statute continues to apply to the extent the City ordinance does not, and
these cards are required by 12- 48.5 - 105(4). The PD can charge a reasonable fee to cover its
costs.
Regarding the memo for Council, I will shortly send out a revision that addresses all of the various
suggestions you have each sent me individually. We are still scheduled for Council study session on May
2. One issue I will add to the memo is who should be the "local licensing authority ?" The statute allows
that to be the City Council or any other authority or body designated by them. We have four options for
Council to choose from:
• Council designates itself
• Council designates the Liquor Authority
• Council designates a newly appointed authority
• Council designates a staff individual — either someone in PD or Admin.
Thoughts?
Gerald E. Dahl
gdahl@mdkrlaw.com
Direct: 303 - 493 -6686
Murray Dahl Kuechenmeister 8v Renaud LLP
1530 16th Street, Suite 200
Denver, CO 80202
Phone: 303 - 493 -6670
Fax: 303 - 477 -0965
www.mdkrlaw.com
This electronic mail transmission and any accompanying documents contain
information belonging to the sender which may be confidential and legally
privileged. If you are not the intended recipient of this e -mail, you are hereby
notified that any dissemination, distribution or copying of this e -mail, and any
attachments thereto, is strictly prohibited. If you have received this e -mail in
error, please notify me immediately by telephone or e -mail and destroy the
original message without making a copy. Thank you.
From: Kathy Franklin [ mailto :kfranklin @ci.wheatridge.co.us]
Sent: Wednesday, April 13, 20114:39 PM
To: Dave Pickett
Cc: Gerald Dahl
Subject: Massage Parlor Licensing in the Interim
4/19/2011
Page 4 of 4
Dave,
C.R.S. 12 -48.5- 105(4) calls for an ID card to be issued to all massage parlor employees by the local
authority. I recall that PD had a setup to issue ID cards when the City was issuing them for massage
therapy services. IF any massage parlor applicants come in during the interim of getting some code
language or a ban by voters, would PD still be able to do that? Jerry, can PD charge a fee for this to
cover costs?
Thanks!
Kathy Franklin
Sales Tax Supervisor
City of Wheat Ridge
7500 W. 29 Ave.
Wheat Ridge, CO 80033 -8001
Office Phone /Fax: 303 - 235 -2825
www.ci.wheatrid2e.co.us
"SAVE A TREE. DON'T PRINT THIS E -MAIL UNLESS IT'S REALLY NECESSARY."
City of
Wheat Rjdoe
A DMINISTRATIvE SERVICES
4/19/2011
City of Wheat Ridge
Business Licensing Checldist
Massage Parlor New License Instructions
This is for the parlor and its owners. Each employee must complete the ID Kit.
1 Before signing a lease, call Zoning to find out if the business activity is allowed at the location in which
you're planning to operate. (303) 235 -2846
2 Also call the Building Division to ask about the need for permits for any signs or changes you may want
or be required to make to the building. (303) 235 -2855
3 =Obtain the Business License Application package and business -type specific forms, by visiting
a www.ci.wheatridge.co.us /Departments /Administrative Services/Tax and Licensing
or
b 7500 W. 29th Avenue, Wheat Ridge
c or by calling (303) 235 -2820
4 =Complete the application in full. Instructions are included in the application package.
5 =Complete the initial use tax form if the business is located in Wheat Ridge.
6 =If a sole proprietor or single member LLC, complete the Lawful Presence Affidavit. If you wish to mail
the application and affidavit, provide a copy of one of the required forms of ID listed on the affidavit
and have the affidavit notarized. The affidavit is required under House Bill 06-1023. If you are unable
to comply with the ID requirement, information on how to obtain a waiver is in the business licensing
package. No application requiring one will be processed without the affidavit.
7 Complete the massage- parlor supplement and financial release forms in full and attach all required documentation.
8 =Submit all required forms and fees. After September 30th, the business licensing fee is reduced by half but you must
renew by Jan. 31st. The massage parlor license fee is listed on the supplement and is an addition to the Business Licel
fee; it is not sutject to the late -year application discount.
9 =Visit the Police Department for an ID photo for each employee. An additional fee may apply. Any IDs requested at this
this timewill be issued by mail when the massage parlor license is approved and issued.
WHAT PAGES DO I NEED?
Optional pages are help pages you may find easier to print for use, but are not to be submitted.
Corporation
Single Member LLC, Sole Proprietor
Home Business
Massage Parlor
Page No.
Description
In City
Delivery Only
In City
Delivery Only
In City
In City
1
This page
optional
optional
optional
optional
optional
optional
2 -3
Application
X
X
X
X
X
X
4
Categories
optional
optional
optional
optional
5
Initial use tax report
X
I
X
X
X
6
Lawful Presence
X
X
X
sole proprietor
7 -8
Waiver Lawful Presence
if no ID
if no ID
if no ID
if no ID
9 -10
Massage parlor supplemental
i
X
Total pages needed to turn in
3
2
4
4
;4
Optional pages are help pages you may find easier to print for use, but are not to be submitted.
❑lyor
Wheat) idge Business License Application
7500 W. 29th Ave., Wheat Ridge, CO 80033 -8001
Phone(303)235 -2820 Fax(303)234 -5924
0411
Application Fee. $ -
Licensing Fee $ 20.00
Please print neatly or type. Complete all applicable sections. A LICENSE MAY BE DELAYED IF THE APPLICATION IS IMPROPERLY
COMPLETED.
1. Business Name:
OFFICE USE ONLY:
2. Location in Wheat Ridge:
Types S and MP
Commercial Bldg.
Industrial Bldg.
Other
LICENSE NUMBER T
ONff//051F8U1 /NFJJEdNFFD V COAIALFTFA -C
a) Private Residence Y N if yes, will the following occur: b) Retail sales ❑
c) Office Use o d Storage of Goods ❑ if so, why:
e) Mfg of Goods o Explain 2e:
f) Employees: Self o Family Members ❑ Others ❑
Location of Business: House ❑ Garage ❑ Other o
location code
AREAL
GEO�L
ZONEDy
3. Number of Locations in Wheat Ridge: (e ach location must license separately)
4. Mailing Address:
APPROVED BY -L
5. Business Phone: ( ) -
Emergency Phone: ( ) -
E -mail:
Fax: ( ) -
Website s :
DATE4
6. Nature of Business:
7a. Date Business Started in Wheat Ridge:
7b. Date Business Occupied Address in 2:
8. Business type code from page 3: SERIflTeEyp�Oc�md gAeEfreID P ORelp VP&clu@ Proeass.
NOTES:
9. Number of Employees IN WHEAT RIDGE, including self if applicable (Mandatory):
10. Type of Ownership: Sole /individual ❑ Partnership ❑ Corporation ❑
Association /club ❑
Olher:
11. Owner/Corporate Name:
Owner/Corporate Address:
Responsible Party for Tax owner, officer, general partner):
12. Tax Reporting Status (see Code Sec. 22 -40c): Monthly o Quarterly ❑ Annual ❑
I declare under penalty of perjury that the statements made on this application are made in good faith pursuant to the Wheat Ridge Code of Laws
and regulations, and to the best of my knowledge and belief are true, correct and complete.
AUTHORIZED SIGNATURE: Date:
Printed Name: Title:
A valid Certificate of Occupancy is required prior to occupying any space or stmdure. approved Business License does not constitute a Certificate of Occupanc
The Building Division should be contacted to verify or obtain a valid Certificate of Occupancy for the space or structure to be occupied by this business. Failureto
satisfy occupancy requirements and conditions will result in suspension of the Business License and closure of the business location until remedied and approved
by the City. PAGE TWO MUST BE COMPLETED
THIS IS PACE 2. IT MUST 8E COMPLETED.
PRIVACY STATEMENT: THIS PAGE IS NOT PUBLIC INFORMATION AND IS NOT SUBJECT TO PUBLIC INFORMATION DISCLOSURE.
13. List Names and Addresses of Owners, Partners or Officers:
Full Name Street Address ( no P.O. Box) Date of Birth % Ownership Held
14. Have any of the owners, officers or partners ever been convicted of a felony?
Yes ❑ No ❑ if yes, please explain below:
15. Ownership of Building and Equipment (for approval purposes):
How You Acquired... If leased, name & address of landord or lessor:
Building Purchase ❑ n/a
Lease to Purchase ❑
Lease (rent) ❑
Equipment Purchase ❑ n/a
Lease to Purchase ❑
Lease (rent) ❑
NOTES:
RREMINDERM
3usinesses Located in Wheat Ridge: Zoning has requested that you be as specific as possible describing the nature of your business on page
. Examples: major auto repair, minor auto repair, type of product manufactured, products (in general) that you are selling, type of service you
ierform and so forth. Extra space is provided above and guidelines on the next page. Thanks for helping us speed t h e app pr ocess.
Use this page to answer question 8 on page 1 of the application
AGRICULTURE
11501 AGRICULTURAL CROPS
LIQUOR
44530 LIQUOR STORES
AGRICULTURE
11502 AGRICULTURAL ANIMALS
LIQUOR
72240 LIQUOR ESTABLISHMENT NO ENTERTAINMENT
AGRICULTURE
11503 AGRICULTURAL SUPPLIES /FEED /EQUIPMENT
LIQUOR
72241 LIQUOR ESTABLISHMENT ENT/DANCING /COMEDY
ANIMAL
54190 VETERINARY CLINIC OR HOSPITAL
LIQUOR
72242 RENTAL HALL WITH LIQUOR LICENSE
ANIMAL
54191 PET SERVICES /ANIMAL WELFARE
LODGING
72111 HOTELS/MOTELS
ANIMAL
54192 PET STORES
LODGING
72112 CAMPGROUNDS
ARTS
54143 MEDIAL ARTIST
MANUFACTURING
31000 MANUFACTURING
ARTS
71131 MUSICIANIPERFORMING ARTIST
MANUFACTURING
31000 HEAVY MANUFACTURING
AUTO
55000 AUTO/MOTORCYCLE SALES
MANUFACTURING
32190 WOOD PRODUCTS MANUFACTURING
AUTO
55110 AUTOMOTIVE SERVICE/TIRES
MANUFACTURING
33291 METAL INDUSTRIES /MACHINE SHOPS
AUTO
55520 AUTO PARTS STORES
MISC
32310 PRINTING /PUBLISHING/DIRECT MAIL
AUTO
75000 AUTO DETAILING
MISC
32311 MAIL SERVICES
COMPUTER
54150 COMPUTER SYSTEMS /INFORMATION SYSTEMS
MISC
54140 CREATIVE/DESIGN
COMPUTER
54151 SOFTWARE SALES /DESIGN /SUPPORT
MISC
81390 BUSINESS ASSOCIATIONS/TRADE ORGANIZATION
CONSTRUCTION
15420 CONSTRUCTION GENERAL CONTRACTORS
MMJ
57000 MEDICAL MARIJUANA CLINIC
CONSTRUCTION
15421 CONSTRUCTION CARPENTRY /DRYWALL/PAINTING
MMJ
57010 MEDICAL MARIJUANA DISPENSARY
CONSTRUCTION
15422 CONSTRUCTION DOORSANINDOWS /GARAGES
MMJ
57020 MEDICAL MARIJUANA CULTIVATION
CONSTRUCTION
15423 CONSTRUCTION FLOORING/CARPET/TILE
REAL ESTATE
53121 REAL ESTATE AGENTS /BROKERS
CONSTRUCTION
15424 CONSTRUCTION KITCHENIBATH
REAL ESTATE
53139 REAL ESTATE SUPPORT SERVICES
CONSTRUCTION
15425 CONSTRUCTION MASONRY /PATIO /DECK
RESTAURANT
72232 CATERING /SPECIAL EVENTS
CONSTRUCTION
15426 CONSTRUCTION ROOFING
RESTAURANT
7221 A RESTAURANTS - ASIAN
CONSTRUCTION
15427 CONSTRUCTION SPECIALTIES OR PREFAB MFG
RESTAURANT
7221C RESTAURANTS- FAST SERVICE
CONSTRUCTION
16000 EXCAVATION
RESTAURANT
7221 F RESTAURANTS - FINE DINING
CONSTRUCTION
23321 ELECTRICIANS
RESTAURANT
7221H RESTAURANTS - HISPANIC
CONSTRUCTION
23822 HVAC /PLUMBING
RESTAURANT
72211 RESTAURANTS - ITALIAN /PIZZA
EDUCATION
61000 EDUCATION -CHILD /ADOLESCENT
RESTAURANT
7221L RESTAURANTS - COFFEE, ICE CREAM, BAKERY, T
EDUCATION
61010 EDUCATION - PERSONAL DEVELOPMENT
RETAIL
50640 APPLIANCES
EDUCATION
61020 EDUCATION- TECHNICAL TRAINING
RETAIL
81141 HOUSEHOLD GOODS /REPAIRS
EDUCATION
61090 DAY CARE
RETAIL
51120 BUSINESS PRODUCTS /EQUIPMENT /REPAIR
EXEMPT
90000 CHURCHES/RELIGIOUS ORGANIZATIONS
RETAIL
44000 RETAIL GENERAWARIETY
EXEMPT
90010 NON PROFIT NOT RELIGIOUS BASED
RETAIL
44001 THRIFT /CONSIGNMENT STORES
FINANCIAL
52229 PERSONAL FINANCE/PAYDAY LOANS
RETAIL
44002 ANTIQUE STORES
FINANCIAL
52231 MORTGAGE LENDING
RETAIL
44005 LUMBER AND HARDWARE
FINANCIAL
52421 INSURANCE ALL TYPES
RETAIL
44006 HARDWARE NO LUMBER
FINANCIAL
54119 FINANCIAULEGAL MIXED SERVICES
RETAIL
44007 ADULT ENTERTAINMENT STORE
FINANCIAL
60000 BANKS /CREDIT UNIONSIATMS
RETAIL
44008 MUSICAL INSTRUMENTS RETAIL
FINANCIAL
87210 ACCOUNTANTS /BOOKKEEPERS /FINANCIAL CONSULT
RETAIL
44617 PHARMACIES
FOOD
44511 GROCERY STOREIDELI /FOOD FOR HOME
RETAIL
44719 GAS STATIONSAN OR W /OUT CONV STORE
FOOD
44512 BUTCHER/CHARCUTERIEICARNICERIA
RETAIL
45320 GIFTS /COLLECTIBLES STORES
FOOD
44520 FOOD RETAIL SPECIALTY OR ETHNIC
RETAIL
53223 RENT /LEASE EQUIPMENT
HEALTH
44619 MEDICAL SUPPLIES /EQUIPMENT
RETAIL
56990 CLOTHINGIACCESSORIES
HEALTH
62110 HEALTH /MEDICAUOTHER MISC
RETAIL
59920 FLORISTS
HEALTH
62111 PHYSICIANS- GENERAL
RETAIL
65140 ELECTRONICS
HEALTH
62112 PHYSICIANS-SPECIALIST /HEALTH TECH
RETAIL
73890 AUDIOVISUAL SYSTEMS
HEALTH
62134 PHYSICAL THERAPY
SCIENCES
21311 NATURAL RESOURCESIEXPLORATION
HEALTH
62139 ALTERNATIVE MEDICINE NOT MMJ
SCIENCES
54170 ENGINEERING /SCIENTIFIC RSRCH /CONSULT
HEALTH
62211 HOSPITALS /MAJOR MEDICAL CENTERS
SCIENCES
54171 ECOIENVIRO /CONSERVATION
HEALTH
62221 HOSPITALS /BEHAVIORAUADDICTION RECOV
SERVICE
31521 ALTERATIONS/TAILORING
HEALTH
62310 NURSING CARE /HOSPICE/DISABLED CARE
SERVICE
54160 CONSULTING
HEALTH
62312 PHYSICAL REHAB CENTER
SERVICE
56131 STAFFING AGENCY /HUMAN RESOURCES
HEALTH
62410 SOCIAL SERVICES
SERVICE
M160 INVESTIGATIVE SERVICES
HEALTH
80210 DENTISTRY /DENTAL DEVICES
SERVICE
56162 SECURITY /FIRE SYSTEMS /SERVICE/SUPPORT
HEALTH
80930 BEHAVIORAL HEALTH /COUNSELING
SERVICE
56170 CLEANING
HEALTH
59950 OPTICAL GOODS
SERVICE
71150 PHOTOGRAPHY
HORTICULTURE
11500 LANDSCAPING /GARDENING
SERVICE
72000 MASSAGE THERAPIST OPERATING ALONE
HORTICULTURE
11504 GREENHOUSE WHOLESALE
SERVICE
72001 MASSAGE CENTER
HORTICULTURE
11505 GREENHOUSE WITH RETAIUMARKET
SERVICE
72190 ADVERTISING/MARKETINGIPROMO
LANDLORD
53130 APARTMENT HOMES
SERVICE
72990 BEAUTY SALONMARBER SHOP /SPA
LANDLORD
53131 RENTAL SINGLE FAMILY
SERVICE
81110 ATTORNEYS /LAW FIRMS
LANDLORD
53132 COMMERCIAL PROPERTY OWN /LEASE/MANAGE
SERVICE
81232 DRY CLEANINGILAUNDRY /ALTERATIONS
LEISURE
71394 FITNESS /PHYSICAL TRAINING/TEAM SPORTS
SERVICE
81290 PERSONAL SERVICES
LEISURE
71399 PERFORMING OR FINE ARTS CLASSES
SERVICE
87480 BUSINESS CONSULTANTS
LEISURE
79990 ENTERTAINMENT /LEISURE /AMUSEMENTS
TELECOM
48120 MOBILE COMM SALESISERVICE
LEISURE
44112 RV SALES /SERVICE /PARTS /ACCESS
TELECOM
48130 TELECOMM -LAND BASED
LEISURE
55510 BOAT SALES /SERVICE
TRANSPORTATION
48421 FREIGHT/MOVING/STORAGE
TRANSPORTATION
48532 LIMOUSINE SERVICE/TAXI SERVICE/SHUTTLE
00 NOT SUBMIT THIS PAGE
CITY OF WHEAT RIDGE
Sales Tax Division
W
7500 W. 29TH AVENUE heat idc
WHEAT RIDGE, CO 80033
Assistance: (303) 235 -2818 or (303) 235 -2825
INITIAL USE TAX FORM
This forth must be completed ff you're licensing a location in Wheat Ridge.
Due Date: 20 days after opening the business
Applicable City Code sections: 22-66(a) and 22-66(b)
Business name
Wheat Ridge location address
All supplies, equipment, furniture, fixtures and leasehold improvements used in business are
subject to sales tax. Credit is allowed for tax properly paid to another city (such as when you
pick something up at a store), but please be aware that if the other city's tax rate is less than
3% you must pay the difference to Wheat Ridge. A tutorial is available on the website or
in print form on request. Tax staff is also happy to answer any questions you may have.
Did you acquire this business on -site from a former owner? Yes= No=
If YES, indicate DATE OF ACQUISITION and continue
A. What was the nature of the acquisition? Bought it= Assumed debt=
If"assUmed debt" go to item G below.
B. Were items of tangible personal property such as equipment, supplies, fumishin s and fixtures,
(FFSE) included? Yes No=
If no, see the statement preceding item A.
C. Did the seller collect sales tax on those items? Yes= No=
(Please check the bill of sale or contract to be sure.)
If no, go to item E or F below.
D. If "yes" on item C, seller's name, addresses and phone number as listed on the bill of sale or contract:
If unable to provide seller
information, provide agent
information.
(Complete either item E or F.)
E. If itemized in the bill of sale, indicate the price paid for FFSE.
If seller did not collect sales tax, multiply by the use tax rate of 3.0% 0
PAY THIS AMOUNT
F. OR, if it was a package deal, indicate the book value of equipment, furnishings and equipment that will be used for
county property tax reporting purposes. If this has not been determined, use a current'used' rice to estimate the
fair market value. Which are you providing? Book = Fair market
If seller did not collect sales tax,: multiply by the use tax rate of, 3.06% 0
PAY THIS AMOUNT
G. If a debt assumption only, indicate the fair market value (cument'used' price) of the FFSE included.
Multiply by the use tax rate. of 30% - 0
PAY THIS AMOUNT
Under enal of e'u , I declare statements made in this form to be true and accurate to the best of m knowledge.
You MUST sign and Date here:+
LAWFUL PRESENCE AFFIDAVIT
(Sole proprietors and single- member LLCs ONLY need to complete
this form.)
Pursuant to State of Colorado House Bill 06 -1023, all persons eighteen years of age or older
shall provide proof that they are lawfully present in the United States prior to receipt of
certain public benefits which include any grant, contract, loan, professional license, or
commercial license provided by an agency of State or local government or by appropriated
funds of a State of local government. (Sole proprietors and single member LLCs only)
1, swear or affirm under penalty or
perjury under the laws of the State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law required me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18 -8-
503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature
Signature of
If this affidavit is not presented in person, applicant must submit a notarized copy of this
affidavit along with a copy of one of the following forms of authorized identification:
1. Colorado's driver's license or identification card
2. United States military identification or dependent's identification card
3. United States coast guard merchant mariner card
4. Native American tribal document
Notarized this Day of _
City of
Notarized.
in the State of
Notary
Date
County of
Commission Expires
LIST OF DRIVER'S LICENSE OFFICES
PROVIDING LAWFUL AFFIDAVIT WAIVER SERVICE
(Near to Wheat Ridge)
NEAREST.
NORTHGLENN
M -F., 8 a.m. - 5 p.m.
500 Malley Dr., 80233
(720) 929 -8636
OTHER METRO:
AURORA
M -F, 8 a.m. - 5 p.m.
14391 E. 4th, 80011
(303) 344 -8400
BOULDER
M -F, 8 a.m. - 5 p.m.
2850 Iris Ave., #F, 80301 (northeast end of 28th and Diagonal Plaza)
(303) 442 -3006
DENVER
M -F, 8 a.m. - 5 p.m.
1865 W. Mississippi Ave. #C, 80223
(303) 937 -9507
PARKER
M -F, 8 a.m. - 5 p.m.
17737 Cottonwood Dr., 80134
(303) 627 -0985
PLEASE BE AWARE THAT NOT ALL DRIVER'S LICENSE OFFICES
PROVIDE THIS SERVICE. THE LAKEWOOD OFFICE DOES NOT.
As of August 14, 2006
DR 4676 (07128106)
COLORADO DEPARTMENT OF REVENUE
REQUEST FOR WAIVER - RESTRICTIONS ON PUBLIC BENEFITS
APPLICANT
Current Name - Last
First
Middle
Full Maiden Name, if applicable
Birth Date
Gender
Social Security Number
Current Residence Address - Street
City
State
ZIP Code
U. S. Citizen?
Yes ❑ No ❑
If No, Lawfully Present?
I Yes ❑ No ❑
IF AN APPLICANT IS UNABLE TO PRODUCE THE DOCUMENTATION NECESSARY
TO OBTAIN A COLORADO DRIVER'S LICENSE OR IDENTIFICATION CARD,
THE APPLICANT SHALL PROVIDE ANY AVAILABLE DOCUMENTS
THAT VERIFY NAME AND PROOF OF LAWFUL PRESENCE.
REPRESENTATIVE DESIGNATION (IF APPLICABLE)
APPLICANTS LACKING SUFFICIENT MENTAL OR PHYSICAL ABILITY TO
EITHER SIGN THIS FORM OR APPEAR IN PERSON TO SUBMIT THE
FORM MAY ACT THROUGH A DESIGNATED REPRESENTATIVE.
DESIGNATED REPRESENTATIVE
Name - Last
First
Middle
Form of Identification
Identification Number
Applicant's specific reason for needing a designated representative
APPLICANT OR APPLICANT'S DESIGNATED REPRESENTATIVE MUST SIGN BELOW
Signature
Date
THIS FORM AND ALL SUPPORTING DOCUMENTATION MUST BE PRESENTED IN
PERSON AT ONE OF THE FOLLOWING DRIVER'S LICENSE OFFICES:
Alamosa
Denver (Athmar)
Aurora
Boulder
Canon City
Colorado Springs
Cortez
Craig
Delta
Durango
Ft. Collins
Ft. Morgan
Frisco
Glenwood Springs
Hot Sulphur Springs
Grand Junction
Greeley
Gunnison
La Junta
Lamar
Longmont
Meeker
Montrose
Northglenn
Parker
Pueblo
Rangely
Salida
Steamboat Springs
Sterling
Trinidad
Walsenburg
Wheat Ridge
Massage Parlor Business License Supplement
NOT PUBLIC INFORMATION
This page must be completed for each individual applicant, partner, officer, director and any person
holding more than 10% of corporate stock, and all managers of establishment. For purposes of City
of Wheat Ridge licensing "each individual applicant" means each person who will provide non-
therapeutic massage under this license.
Name (full given name)
Name at time of filing:
All nick names, aliases, etc used by applicant:
Address of applicant:
Business Address:
Phone number (s)
Date of Birth
eye color:
Social Security Number
Drivers License /State ID
Issuing State
height
weight hair
Expiration
Instruction to licensing agent: ensure a clear copy of both sides of the driver's license or state - issued
1D is attached
Fees applicable to the ap rlor in addition to the business license fee:
Initial application fee: $50.00
Renewal per year: $50.00
Individuals are not subject to an additional license fee.
City of Wheat Ridge
RELEASE OF INFORMATION AGREEMENT
Name:
Last
Address: _
Street
Home Phone:
Date of Birth:
First
City
Work Phone:
Social Security #:
TO WHOM ITMA Y CONCERN. I am an applicant for a massage parlor license with the City of Wheat Ridge. The city
needs to thoroughly investigate my financial background. Therefore, I hereby authorize any representative of the Wheat Ridge
Police Department bearing this release to obtain any information in your files pertaining to my financial records. I hereby
direct you to release such information upon request of the bearer. I do hereby authorize a review of, and full disclosure of, all
records or any part thereof concerning me, by and to, any duly authorized agent of the Wheat Ridge Police Department
whether said records are of public, private or confidential nature.
I consent to your release of any and all public and private information that you may have concerning me. Thereby, I release
you, your organization and its employees, officers and agents from liability or damages including attorney's fees and costs
which may result from furnishing the information requested, including all liability or damages pursuant to any state or federal
laws. I hereby release you, as the custodian of such records, and all other officers, employees or related personnel, both
individually and collectively, from any and all liability or damages of whatever kind, which may at any time result to me, my
heirs or family or association because of compliance with this authorization and request to release information, or any attempt
to comply with it. I agree to indemnify and hold harmless the person to whom this request is presented and his agents and
employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees arising out of or
by reason of complying with this request. I direct you to release such information upon request of the duly accredited
representative of the Wheat Ridge Police Department regardless of any agreement I may have made with you previously to the
contrary. The law enforcement organization requesting the information pursuant to this release will discontinue processing
my application if you refuse to disclose the data requested.
For, and in consideration of, the Wheat Ridge Police Department's acceptance and processing of my application for a massage
parlor license I agree to hold its officers, agents and employees harmless from any and all claims and liability associated with
my application.
I understand my rights under Title 5, United States Code, Section 552a, the Privacy Act of 1974, with regard to access and
disclosure of records, and I waive those rights with the understanding that information furnished will be used by the Wheat
Ridge Police Department. A photocopy or FAX copy of this release will be valid as an original thereof, even though the said
photocopy or FAX copy does not contain an original writing of my signature.
Signature of Applicant Date
Subscribed and sworn to before me this day of , 20
NOTARY PUBLIC
My Commission Expires: (seal)
City of
"WheatR�dge
Location of Massage Parlors
Massage Parlors & Other Land Uses
The following maps illustrate the separation
requirements established for massage parlors in
Section 16 -234 of the municipal code.
Maps A -D show 750 -foot buffers around existing
Parks, childcare facilities, schools, and churches.
These buffers are measured radially from the
property boundaries.
Maps E and F show 1,000 -foot buffers around
existing massage parlors and sexually oriented
businesses. These buffers are measured radially
from the exterior walls of the structure in which
the business is located.
NOT TO SCALE
Data Source'. City of Wbeat Ridge
Map created by Lauren Mikulak, Planner 1, 1011 M011
A
p15<WMER NOTICE Tftiv is a gCaial rrorcunWf ct 9.v„raphi<ana attnOprapC.ic m(wnutwr�
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in de
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e:01 N!s formal n t iMe i
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damages, !dvsuits, vW cauv<s OI C Nat nW as Ni a c0nsequrnm OI z «:farce On inlwma'xn
prmid<d lxrem.
A. Parks
C. Schools
E. Massage Parlors
D. Churches
F. Sexually Oriented Businesses
B. Childcare Facilities
Location of Massage Parlors
Massage Parlors & Zone Districts
Map G shows the area of Wheat Ridge that is in the Industrial (1) zone district.
Map H shows the area of Wheat Ridge that is zoned residentially, including the following zone districts:
Residential -One (R -1)
Residential -One A (R -1 A)
Residential -One B (R -1B)
Residential -One C (R -1C)
Residential -Two (R -2)
Residential -Two (R -2A)
Residential -Three (R -3)
Residential -Three A (R -3A)
Planned Residential Development (PRD)
Map I shows a 750 -foot circular buffer around all residential zone districts, per the separation requirement
established for massage parlors in Section 16 -234 of the municipal code.
NOT TO SCALE
Data Source City of Wheat Ridge
Map created by Lauren lAikulak, Planner I, 1011012011 N
DISCLAIMER NOTICE TRS is a PiCmal represanta;nn o(geoaraplic an0 demp�raphk m!wnu:wn. RN4cc<up:n :ne amraq, mliaEiLY aW Nlrony e(;M1S iKCCna *qn is sd <y rtquesteYS reapmi &:i(y. IDe Ciy of \ \T.<at ftiCpe, m Jetlerwn Cady.
CPlprad a'14; -ls bdlll.&the sla:e e(Cdwado -tas mmprtd for::• u• an (omµtenxed:rf.'. TN r!.m vans avaa.b' to assist In iCen;,7:rq 0[netalarcaa at mnuvn IY. The mmpNerved inlem+afwn uoviCed Npu :d-1, Ce rcliM
upon a, wrtpMavon a P<methMy, assumPt`tlrs, antl resW.0 Ey a puai9rcd iew<pendenl zw¢e. The uxr cl1M1S a lwma4pn Nall indemney and We aca the Citr a Meat R'dge lmm any and al Iiaalr, s, damage'. Iaxsuib, are esusn 0.[. Cat
"Za b a ccnaeGU[nce a nis rN:ance en 'mama. ua'we0 neresl.
1
1
1
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. ... ................. r .._.._.. ... ....................... ....
,
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G. Industrial (1) Zone Districts
City of
`7`I heat Kidge
t t
H. Residential Zone Districts I. Residential Zone Districts with 750 -ft Buffer
Location of Massage Parlors
Massage Parlors & Permitted Locations
Map J is a composite of the previous maps (A - 1). Again, the area of Wheat Ridge that is zoned Industrial (1) is shown in
purple. This area is overlaid with both types of buffers established in Section 16 -234: 1,000 -foot buffers around existing
massage parlors and sexually- oriented businesses and 750 -foot buffers around residential zone districts, parks, childcare
facilities, schools, and churches.
Maps K and L show the industrially -zoned land that remains after applying the separation buffers. The gross area of the
remaining land is approximately 34 acres.
NOT TO SCALE
Colo NOT Source. City of `h9feat Ridge
Map created by Lauren h11kulok, Planner I. 10110/2011 N
OISCLNdER NOTICE IDii is a piUyial rtprexnla:ron o19eMrapke aM Cemo9rapE¢ INVma;wn. Reiunce upvl me xwrary. rel:aG::,y and auBwN of Pos in!omahw :a soleh ` " a respeni:Eelry. Ttw CM U 45Teaf Ri09q In JeE<ran Ccw.y.
Colors opoln..I wNoll.. etuK Sta:e of edwaeo-nas wmp:+ea ror rs �x «na:n oemreeC P!wma:an.Tn.: Imom,atiwrsa.auaae : oav:f.n iaenEN,ngSenery areas er cr�«moMV. Tne cemw,:eezed in!om+aEon wo.aee snows wary x«nee
open xiN CpnCWra:gn G N! melEMa, as:unp:iMS. aM rew:la EY a 9aavr:M ifMepentlenl5gmte. R.e uxr o! 1n:5 in!wlnaMn iM1ail inCemn:lY atb Ede frte:. Cry of .1.1 R111:pn anY aM aA liah:lt.Ies, Cama9n, la'xsvita, a,d caese: o(ac1Wn Nat
resvn asawnaeGuen «M Eis 1e4. ce on in!wmafan p,eneN Eerein.
K. Remaining Industrially -zoned Land
1
aoq
W heat Midge
J. Separation Buffers & Industrial Zoning
M
y
J
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1 m
Y'y
L .
I
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J. Separation Buffers & Industrial Zoning