HomeMy WebLinkAboutOrdinance-2007-1390
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 11-2007
Ordinance No. 1_1qn
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT
RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS
AND MISCELLANEOUS BUSINESS REGULATIONS,
SPECIFICALLY CODE SECTION 11-231 CONCERNING THE
LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR
THE PROVISIONAL LICENSING OF MASSAGE THERAPISTS
WHEREAS, Wheat Ridge Code of Laws requires that all massage
therapists must be licensed by the City prior to offering or performing massage in
the City for pay of any kind; and
WHEREAS, the application process for a massage therapist license
requires a criminal background investigation; and
WHEREAS, the required criminal background investigation can take as
long as three months to complete, which places massage therapy centers in the
City at a disadvantage in competing for qualified massage therapists; and
WHEREAS, the City Council desires to amend Article X of Chapter 11 of
the Code of Laws to provide for the provisional licensing of massage therapists;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Existing Section 11-231 of the Code of Laws is re-Iettered as
subsection (a) and titled "License required; exceptions" and the section is
further amended by the addition of a new subsection (b) to read in its entirety as
follows:
(B) PROVISIONAL LICENSE: THE CITY MAY ISSUE A PROVISIONAL
MASSAGE THERAPY LICENSE TO ALL APPLICANTS WHO SUBMIT A
COMPLETED MASSAGE THERAPIST LICENSE APPLICATION AND ALL
SUPPORTING DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232
OF THIS ARTICLE.
(1) ISSUANCE OF THE PROVISIONAL LICENSE SHALL BE BASED
UPON A REVIEW OF THE CITY'S POLICE DEPARTMENT RECORDS, AS
WELL AS THE RECORDS OF THE LAW ENFORCEMENT AGENCIES FOR
THE APPLICANT'S RESIDENCE AND ALL JURISDICTIONS IN WHICH THE
APPLICANT HAS PRACTICED MASSAGE WITHIN THE PAST 5 YEARS.
SUCH REVIEW SHALL BE CONDUCTED TO DETERMINE THE APPLICANT'S
COMPLIANCE WITH THE REQUIREMENTS OF SECTION 11-233(1) OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT SUCH REVIEW SHALL NOT
SUBSTITUTE FOR NOR NEGATE ANY FINDINGS OF THE FULL CRIMINAL
BACKGROUND INVESTIGATION PROVIDED FOR IN SUBSECTION 11-
232(C)(1) AS PART OF THE APPLICATION PROCESS.
(2) THE PROVISIONAL LICENSE SHALL BE VALID UNTIL THE
PROVISIONAL LICENSEE'S APPLICATION FOR A PERMANENT LICENSE IS
APPROVED OR DENIED BY THE CITY.
a. APPROVAL OR DENIAL OF A MASSAGE THERAPIST LICENSE
APPLICATION MUST OCCUR NO LATER THAN 180 DAYS AFTER THE
CITY'S RECEIPT OF THE APPLICATION AND ALL SUPPORTING
DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232 OF THIS
ARTICLE. THE CITY MAY EXTEND THE PROVISIONAL LICENSE
PERIOD FOR UP TO AN ADDITIONAL 90 DAYS IF APPROVAL OR
DENIAL OF THE APPLICATION IS DELAYED BEYOND THE 180 DAYS
OR THE APPLICATION IS LOST, MISPLACED OR DESTROYED WHILE
IN THE CITY'S POSSESSION.
b. THE PROVISIONAL LICENSE IS SUBJECT TO ALL OTHER
REQUIREMENTS AND CONDITIONS OF THIS ARTICLE.
Section 2. Safetv 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 3. Severabilitv. 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.
Section 4. Effective Date. This Ordinance shall take effect immediately
upon adoption on second reading, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 11th day of June, 2007, 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 25, 2007, at 7:00 o'clock p.m., 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 8 to 0 , this 25th day of June, 2007.
SIGNED by the Mayor on this 26th day of June
2007.
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Jerry DiTullio, Mayor J
ATTEST:
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Michael Snow, Ci~y Clerk
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