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HomeMy WebLinkAboutOrdinance-2006-1363 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No ~ Ordinance No. 1,1;3 Series of 2006 TITLE AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"), and WHEREAS, pursuant to its home rule authority generally and Article 48 5 of Title 12 of the Colorado Revised Statutes specifically, the City possesses the authority to regulate and license the practice of massage within the City; and WHEREAS, the City has previously adopted provisions concerning massage parlors and massage therapy, codified as Articles X and XI of Chapter 16 of the Code of Laws of the City of Wheat Ridge (the "Code"), and WHEREAS, the City has also previously adopted provisions concerning the licensing of businesses within the City, codified at Chapter 11 of the Code, and WHEREAS, the City Council finds and determines that over the course of the past several years, the practice of massage has made great strides in professionalism as well as secured a legitimate place in the health care industry; and WHEREAS, the City Council therefore desires to repeal those Articles previously adopted concerning massage parlors and massage therapy and to adopt new regulations concerning massage therapy and codify the same within Chapter 11 of the Code NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Chapter 11 of the Code is hereby amended by the addition of a new Article X, to read in its entirety as follows ARTICLE X. MASSAGE SERVICES Sec. 11-230. Definitions. For purposes of this Article, the following definitions apply' Conspicuous place' In a massage therapy center or licensed premises of a massage therapist, any place within the general reception area, at eye level and not obscured by anything at any time; for individual massage therapists in a massage therapy center, a place at eye level on the outside of a treatment room door and not obscured by anything at any time, is also acceptable Licensed premises. Subject to zoning, the premises specified in an approved application for a Massage Therapy Center License, or in an approved application for a Massage Therapist License for a sole practitioner, which is owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage therapy or receive requests for the supplying of massage therapy. Subject to zoning, the licensed premise of a sole practitioner may be their home Local licensing authority' The Sales Tax Division of the Administrative Services Department is the designated local licensing authority pursuant to C R.S ~ 12-485-103(3) 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 Massage therapist: A person, 18 years or older, who has graduated from a massage therapy school accredited by the state educational board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least five hundred (500) hours of training in massage therapy For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State educational board or division charged with the responsibility of approving private occupational schools. 2 Massage therapy center- Any establishment where more than one massage therapist engages in, carries on or permits to be engaged in or carried on any of the activities under the definition of massage in this Article, or where or any person, firm, partnership, association or corporation permits to be engaged in or carried on any of the activities under the definition of massage in this Article. Nonresident massage therapist: A person who holds a valid and current license to practice massage outside the City of Wheat Ridge issued by a qualified local licensing authority as defined by C R.S 9 12- 48.5-103(3) Normal scope of practice" Actions which are 1) as applicable to state regulated professions and institutions, recognized by state regulatory authorities as usual and acceptable components of service or care, or 2) as applicable to athletic trainers, usual and commonly accepted components of service or care which are not in violation of any state or local law Off premises massage Massage therapy performed outside the licensed premises of a sole practitioner or of a massage therapy center Professional association A nationally recognized association or organization for the advancement and self-governance of the massage therapy profession, having an actively enforced code of ethics. Public special event: An event to which admission or access is open to members of the general public and which has obtained City approval in the form of a license or permit issued under this Chapter 11 Sec. 11-231. License Required. It shall be unlawful for any person to offer or perform massage in the City of Wheat Ridge for pay of any kind, received directly or indirectly, without first obtaining a Massage Therapist License, and it shall be unlawful to operate a massage therapy center in the City of Wheat Ridge without first obtaining a Massage Therapy Center License, except for the following classes of persons' (a) Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or chiropractors licensed by the State of Colorado, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction while performing within the normal scope of practice 3 (b) Hospitals and all persons employed by institutions and establishments licensed by the State of Colorado as hospitals while acting within the normal scope of practice in the premises of the hospital or institution so licensed (c) Registered nurses and licensed practical nurses performing massage services within the normal scope of practice (d) Aestheticians, cosmetologists, manicurists and barbers duly licensed under the laws of this State, acting within the normal scope of practice (e) Trainers of any recognized amateur, semi-professional, or professional athlete or athletic team acting within the normal scope of practice (f) Acupuncturists licensed by the State of Colorado performing massage therapy services within the normal scope of practice (g) Students of state accredited or state approved educational facilities located within the City or interns acquiring field hours at licensed premises within the City must be supervised and coordinated by a designated school employee with appropriate instructor qualifications Externships/internships should be based on a written training plan which specifies the students' goals, as well as the experiences and applications to be accomplished The training plan must designate an on-site supervisor who will guide and oversee the students' learning experiences and participate in the students' evaluations Externslinterns are subject to the following (1) Attire requirements are the same as for a City licensed massage therapist or massage therapy center employee (2) The student must have an official photo student 10 issued by a state accredited or state approved educational facility readily available for inspection (3) A copy of the written training plan agreement between the training provider and the state approved educational facility must be on file at both the educational facility and the training site and readily available for inspection 4 Sec. 11-232. Application for License. (a) The applicant(s) shall be subject to the following (1) Insurance Required: License holders are required to maintain the following a. Proof of professional liability insurance to engage in the practice of massage therapy with a minimum combined single limit of liability for bodily injury and property damage of one million dollars ($1,000,000 00) per occurrence and in the aggregate obtained independently or through membership in a professional association. b Failure to maintain such insurance for the duration of the license or to show such evidence on request shall be cause for immediate revocation of the license (2) Massage Therapy Center Ownership interest in a proposed or licensed Massage Therapy Center must be disclosed at the time of application or license re-qualification on a separate and confidential statement as follows for the purposes of criminal background investigation as provided for later in this subsection a. Associations and corporations: For all officers and holders of 5% or more of the stock in a corporation, provide the full legal name, physical home address and social security number b Partnerships and non-corporate firms: For all partners or owners provide the full legal name, physical home address and social security number c Update required. Any change in ownership that is required to be disclosed in the preceding phrases must be reported in writing to the City within 45 days (b) Education. (1) The applicant for a Massage Therapist License must provide complete disclosure of his or her education and experience as a massage therapist. a. To obtain a Massage Therapist License the applicant must be at least 18 years old and have graduated from a massage therapy 5 program or school accredited or approved by the State Educational Board or division charged with the responsibility of approving private occupational schools, or from a school with comparable approval or accreditation from another state, and must present original sealed transcripts indicating completion of at least five hundred (500) hours of training in massage therapy Transcripts will be kept on file for all approved applications. ii. Transcripts will be returned if an application is denied b For the purposes of this Article, a massage therapy school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools. (2) The applicant(s) for a Massage Therapy Center License are not required to meet the massage therapist educational requirements, but are subject to all other requirements (c) Criminal Background (1) The applicant(s) shall be required to submit to a police background investigation as part of the application process Sec. 11-233. Special Conditions and Restrictions of the License. In addition to the requirements of Section 11-232 of this Article, the following additional licensee requirements shall apply' (a) Good Character Required No applicant with a felony record or who has been convicted of a charge regarding moral turpitude, solicitation, fraud, dishonesty, gross negligence or incompetence is eligible to obtain a Massage Therapist License or Massage Therapy Center License (b) Display of License Every Massage Therapy Center and Massage Therapist licensee shall display a valid license in a conspicuous place within the Massage Therapy Center or other licensed premises so it may be readily seen by persons entering the premises (c) City ID Required 6 (1) Every licensed massage therapist shall carry or have readily available a City of Wheat Ridge Massage Therapist identification card at all times when offering or performing massage (2) The photo ID must be renewed each year with license renewal (3) The photo ID shall at all times be the property of the City and must be surrendered upon revocation or voluntary termination of license (d) Sanitary Requirements' All licensed premises must be maintained in a clean and sanitary manner (e) Attire (1) All persons providing massage therapy and all employees of a massage therapy center must be fully clothed at all times (2) Clothing shall be of a fully opaque, non-transparent material and shall provide complete covering from at least mid-thigh to no more than two inches below the collarbone The midriff and the arm pits may not be exposed (f) City's Right to Inspect: Excepting exigent circumstances in the course of law enforcement activities, a City representative may inspect the licensed premises upon making an appointment no less than 24 hours in advance Sec. 11-234. Expiration and Renewal of License. (a) Expiration The Massage Therapist License and the Massage Therapy Center License shall expire on December 31 of each calendar year but shall be subject to the grace period allowed all licensees ending on February 1 of the following year (1) An expired Massage Therapist License or Massage Therapy Center License shall be subject to re-qualification in the same manner as the application for license set out in Section 11-232 if the licensee intends to continue performing massage in the City (2) Re-qualification shall be subject to the same application fees as a new application (b) Renewal Notice A renewal notice shall be sent to each licensee no less than 30 days prior to the expiration of the license. 7 (c) Proof of Insurance. A copy of current proof of insurance as specified in Subsection 11-232(a)(1) is required for renewal and shall be presented at that time Sec. 11-235. More Stringent City Standards Prevail. The City recognizes the provisions of Title 12, Article 485 of the Colorado Revised Statutes as applicable within the City The standards for the licensing of massage services set forth in this Article are intended to be more stringent than the minimum standards set forth in Title 12, Article 48 5 of the Colorado Revised Statutes. In the event of any conflict between the provisions of this Chapter and the provisions of said Title 12, Article 48.5, the more stringent requirement shall apply Sec. 11-236. Fees. Fees for the applications and licenses provided for in this subsection are payable at the time of application, renewal or re-qualification as follows (a) Application fees: (1) Massage Therapist: $100 (2) Massage Therapy Center' $180 (3) Background as set by the Federal Bureau of Investigation and the Colorado Bureau of Investigation Fingerprint analysis fees are in addition to application fees and are payable directly to the analyzing agencies (Colorado Bureau of Investigation and Federal Bureau of Investigation) at the rates established by them (b) Licensing fees (1) Massage Therapist: $40, includes photo 10 (2) Massage Therapy Center: $70 (c) Replacement of lost photo 10 fee $10 (d) Refunds and pro-rations 8 (1) Application fees provided for in this subsection are not subject to refund or pro-ration (2) Prepaid licensing fees shall be refunded upon denial of an application for a new or re-qualified license (3) Initial licensing fees are to be reduced by half if application occurs after September 30 Sec. 11-237. Massage Services Licenses Additional to All Other Licenses. Licenses provided for in this subsection are in addition to any and all other licenses required by the City and are contingent upon those licenses also remaining active and in good standing Sec. 11-238. Revocation of License. (a) Any violation of the provisions of this Article shall be cause for revocation of any license issued under this Article. (b) Any falsification of information in the application or criminal background investigation authorization document shall be cause for revocation of any license issued under this Article (c) Revocation of the City sales and use tax license shall be cause for revocation of any license issued under this Article (d) The violation of any provision of Title 12, Article 48 5, C R.S shall be cause for revocation of any license issued under this Article (e) Any revocation proceeding pursuant to this Section 11-238 shall meet the minimum procedural requirements of C R.S ~ 12-485-107, as existing or hereafter amended Sec. 11-239. Public Roster. (a) For the purpose of professional self-policing, a roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request and free of charge to all licensees under this Article 9 (b) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be available upon request but at a nominal fee of $5 to the general public. (c) A roster of the names of all licensees and of the addresses of all licensed premises under this Article shall be posted on the official website of the City and updated no fewer than four times a year. Sec. 11-240. Public Special Events; Nonresident Massage Therapists Permitted. (a) Notwithstanding any other provision of this Article, a Nonresident Massage Therapist may offer and perform chair massage at a Public Special Event in the City of Wheat Ridge without first obtaining a City Massage Therapist License as provided by this Section (1) A Nonresident Massage Therapist may submit a written request to offer and perform massage at a Public Special Event to the Local Licensing Authority no later than thirty (30) days prior to the event. The written request must be accompanied by a copy of the therapist's massage license issued by another jurisdiction and proof of insurance meeting the requirements of Section 11-232(a)(1). (2) The Local Licensing Authority shall process a complete written request and provide written notice of approval or denial no later than ten (10) days prior to the Public Special Event. The Authority shall deny a request upon a finding that: The massage license issued by another jurisdiction is counterfeit, under suspension or otherwise invalid, II The minimum insurance requirements are not met; or III. The written request or any of its accompanying documentation contains false information. (b) Any Nonresident Massage Therapist authorized to perform chair massage at a Public Special Event pursuant to this Section must carry with him or her a copy of the City's written approval and make the same available for inspection upon reasonable request at all times he or she is offering or performing massage at such event. 10 (c) Authorization to offer and perform massage under this Section is specifically limited to chair massage Table massage is prohibited at all Public Special Events. (d) It shall be unlawful for any person to offer or perform chair massage at a Public Special Event without first obtaining a Massage Therapist License from the City or written authorization as a Nonresident Massage Therapist pursuant to this Section Sees. 11-241 -11-249. Reserved. Section 2 Article IX of Chapter 11 of the Code is hereby amended by the addition of Sections 11-227 through 11-229, designated as "Reserved" Section 3. Chapter 16 of the Code is hereby amended by repealing Articles X and XI, inclusive, in their entirety Section 4. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5 Severability; Conflictinq 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 6 Effective Date This Ordinance shall take effect January 1, 2007 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 12th day of June , 2006, 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 June 26 , 2006, at 7 00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of R to n , this nTh day of Tnn" , 2006 11 SIGNED by the Mayor on this ATTEST ~ \(~) r \ c (ill Il c,. ( \_ \ur:l. u--_ ''------" amela Anderson, City Clerk .-J First Publication June 15, 2006 Second Publication June 29. 2006 Wheat Ridge Transcript: Effective Date TiI.l'lHY 1, 2007 27th day of June ;1; i ~ .11, {I '\ IJ) j i. lvl .~.\:,~: Jerry D/Tulfj, Mayor I ,2006 12