HomeMy WebLinkAboutOrdinance 2011-1504CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 32
Ordinance No. 1 504
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 "massag~" 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 (I) 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 1Oth 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
291h 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.
ATTEST:
0
~:tb'O~~ober 13, 2011
Second Publication: October 27, 2011
Wheat Ridge Transcript
Effective Date: November 11, 2011