HomeMy WebLinkAboutOrdinance-1970-0066 - Regulation and Licensing of Health Service EstablishmentsIntroduced by Alderman Jack Bramble
ORDINANCE NO. 66
Series of 1970
TITLE: AN ORDINANCE LICENSING AND'REGIJLATING HEALTH SERVICE-
ESTABLISHMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Authority. Pursuant to Chapter 139-32-1 (12)
of the Colorado Revised Statutes of 1963, as amended, Cities shall
have the authority and power to make all regulations which may be
necessary or expedient for the promotion of health or the suppression
of disease.
Section 2. Purpose. The purpose of thisOrdinance is for
the promotion of public health, safety and welfare and the suppression
of disease.
Section 3. Health Service Establishments.
Definitions:
1. "Massage" means pressure on, friction against, stroking
and kneading the body by manual means or a mechanical device used
manually, with or without appliances such as vibrators, infrared heat,
sun lamps and external baths for the purpose of maintaining good health
and good physical condition.
2. "Health Service_ Establishment" means a place of business
where massage is given or where baths, gymnastics or_other physical
activities as defined within the definition of "massage" as used in
this Ordinance are practiced.
3. "Practice of Massage" means the performance of massage
with or without compensation.
4. "Approved". The term "approved" as applied to the
terms, techniques, processes, equipment, and qualifications of personnel
shall mean compliance with the requirements of this Ordinance.
5. "Health Establishment Operator." Any person, firm or
corporation that has made application for licensing of a Health Service
Establishment under theterms of this Ordinance.
6. "Apprentice" means a person who is at least 18 years. .
of age, employed in a Health Service Establishment and working under
a licensed masseur or masseuse for the specific purpose of learning
the method and practice of massage.
Section 4. Inspection Services Required. It shall be un-
lawful forany person, firm, or corporation to conduct a health service
establishment except as provided in and authorized by this Ordinance.
Section 5. Application for Inspection Services. The ap-
plication for inspection services required by this Ordinance shall
contain:
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1. The name and address of the person, firm or-corporation
desiring such inspection services.
2. The residence of such applicant, or of each of the
individual members of such firm, or of each of the directing officers
of such corporation.
Section 6. Requirements for Personal Licensing.. No person
shall be licensed-to practice massage or conduct a health establish-
ment for giving massage, or other services within th_e definition
of "massage" unless he meets the following requirements.
(a) Age and Education. Who is at least twenty-one (21) _
years of age, who has graduated from a School of Massage, or who
can show verified evidence of having served an apprenticeship of
two (2) years, under the direct supervision of a licensed operator
in a licensed health service establishment, such apprenticeship to
have included a minimum of 500 clock hours didactic training in
anatomy, physiology, ethics, and professional relationship, plus
3,500 clinical hours of practical experience.
(b) The application for licensing shall contain the fol-
lowing information: The name, age, permanent home address, local
address and physicaldescription of the applicant; name and address
of_applicant's employer and a statement as to the length-of time
for which such license is-rsquested;-name and address of former
places of employment; names and addresses of at least two responsible
persons who will attest to the good character and reputation of the
applicant; a statement as th whether or not the applicant has been
convicted of,a felony, misdemeanor, or ordinance violation (other -
than traffic violations), the nature of the offense, the penalty
or punishment imposed, and the date and place where such offense
occurred; a statement as to whether or not such person has ever
had a judgment or conviction for-fraud, deceit, or misrepresentation
entered against him, and if so, the full details thereof.
(c) Character, Appearance, and Habits. Every licensee
hereunder shall be of good moral character. No licensee, masseur,-
masseuse, apprentice, or other employee shall have been convicted
of any crime involving moral turpitude within 10 years next prior
to licensing or ordinance. violation involving moral turpitude within
10 years next prior-to licensing hereunder.
(d) other Requirements. Each licensee hereunder shall
be required to.wear upon his person in a conspicuous manner an
identification badge containing and exhibiting the following infor-
mation thereon: (1) photograph of individual; (2) nama and
address of business establishment; (3) date of licensure; (4)
type of license.
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(a) No licensee hereunder shall be permitted to change
his principal place of employment without first having made appli-
cation for such change and-e new identifioation,.bedge issued by
the Mayor.
Section 9. Application and Licensing of Apprentices and
Other Employees.
1. All apprentices hereunder within a health service
establishment shall be required to comply with all applicable per-
sonal requirements of Section 6 (b), (c) and (d) hereinabove.
2. No apprentice shall be permitted to perform any form
of massage upon any person when a licensed masseur or messeuse.is
not present in the establishment.
3. No apprentice shall be permitted to serve or he
licensed as an apprentice, beyond a three-consecutive-year period
and in any event, not to exceed a total period of five years.
4. No other employee shall be permitted to perform any
personal service upon any person whomsoever unless duly licensed
as a masseur or masseuse or licensed- as an apprentice.
Section 8. Physical Requirements. All applicants and
licensees as masseurs, amsseuse or apprentices hereunder shall
present proof indicating freedom from communicable disease, and
shall submitto an annual chest x-ray or other examination which
will demonstrate his freedom from tuberculosis in a communicable
form.
Section9. Applications far Licenses Filedwith Mayor.
Applicants for all licenses hereunder shall file their applications
with the Mayor. The Mayor shall submit the application in duplicate
to the Cith Council who shall make examination as to the fitness
and qualifications of all applicants and establishments for licensing
hereunder...
1. Conduct of Health Service Business or Practice of Massage
Without License is Prohibited.
(a) No person shall conduct a massage business or engage
in the practice of massage without a masseur's, masseuse's qr
apprentice's license issued under this Ordinance.
(b) No health establishment operator shall permit any
person to practice massage without having first obtained, a license
hereunder.
2. Exemptions: The following classes „of-persons are ex-
empted from this Ordinance.
(a) Physicians, osteopaths, physical therapists, chiro-
podists, podiatrists, or chiropractors registered in the State of
Colorado are excluded.
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(b) Nurses. Registered nurses and licensed practical
nurses performing these services in their usual-nursing duties.
(c) Beauticians and Barbers. Beauticians and barbers
duly licensed under the laws.of..this.State, insofar as their 'usual
and ordinary vocation and profession is concerned, as defined by
the laws of this.State-. .
(d) Trainers.of.any amateur, semi-professional or pro-
fessional athlete or athletic team.
(e) Massage practiced at the athletic department of any
State accredited achool,college-, university, or seminary..
3. Establishment Exceptions. Hospitals, clinics, nursing
and convalescent homes, and other similarly licensed institutions
where massage and baths may be given are excluded from the.definition
of a Health Service Establishment.
Section 10. Accord or Denial of Inspection Services.
1. If the Mayor or his authorized representative shall
find after investigation that all conditions and-specific require-
ments relating to-a particular health service establishment for
which inspection services are sought have been met,_in accordance
with the terms of this Ordinance, the Mayor shall thereupon accord
inspection services to the applicant, evidencing such accord by
an appropriate certificate.
2. If the Mayor or his authorized representative,shall
not so find, he shall thereupon issue an order to the applicant
denying such inspectional services.
3. Upon the request he shall furnish the applicant a
copy of his order and the reason supporting the denial.
Section It. Contents of Certificate Evidencing Accord of
Inspection Services.- Every certificate evidencing accord _of inspec-
tion services shall show upon its face:
1. The name of the person; firm, or corporation to whom
such inspection services are accorded;
2. The nature and scope of operations of the establishment,
to which inspection. services, _have been accorded-;.
3. The dates during which such inspection services are to
be accorded, including the date of expiration;
4. The street address, if any, where such health service
establishment is to be located.
Section 12. Transference of _Privilege of Inspection Ser-
vices. No certificate evidencing accord of inspection services or
the license issued hereunder may be transferred from one person to
another, one firm to another, or one corporation to another, or
transferred from one place to another without the written approval
of the Mayor; no such certificate or license may be. transferred in
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derogation_of_the terms of the rules and regulations_pertaining
to the particular kind of health service establishment; no car
tificate or.license may he transferred if the terms of the rules
and regulations pertaining to the particular kind of_ health__ser-_
vice establishment prohibit the same.
Section 13. Expiration of Accord of Inspection Services.
The accord of-all inspection services shall expire with the cal-
endar year in which the_same _are, issued, and all inspection
services shall be accorded an the calendar, year basisronly., An
inspection shall be required prior to reissuance of;any'license.
Section 14. Revocation of Accord. of Inspection Services;_
Notice and Hearing. The Mayor, shall, upon-seven days written
notice to the person; firm, or corporation to whom the privilege
of insepction services has been,ac_cgrded, stating a contemplated
action and in general the grounds-therefor, and upon a reasonable,
opportunity to be heard, revoke the privilege of the accord- of
inspection services if.he finds that:
1. The person, firm, or corporation to whom _inspection
services have been accorded, has failed to file required reports
or furnish such information as may be reasonably required byithe
Mayor under the authority vested in him by the terme,of this Ordi-
nance, relating to the specific kind of massage establishment; or that
2. The person, firm, or corporation to whom inspection
services have been accorded, either knowingly or without the ex-
ercise of due care to prevent the same, has violated any of the
provisions of this Ordinance or of the rules and.regulations relating _
to the kind of health service establishment for which inspection
services have been accorded; or, that
3. Any fact or condition exists- which if it. had existed
or had been known to exist at the time of application for inspection
services; would have warranted the Mayor to,refuse originally to
accord such inspection services.
4. It shall be unlawful for any person, firm, or corpor-
ation to conduct or cause to be conducted any health service es-
tablishment for which the privilege of inspection serviceshas been
revoked.
Section 15. Emergency Suspension of Inspection Services.
If the Mayor finds that probable cause exists for the revocation
of the privilege of inspection services for conducting a particular
health service establishment and that the health and safety of those
who receive treatment is menaced, he may enter an order for the im-
mediate suspension of operations of such health service establish-
ment, pending further investigation, for a period of not to exceed
ten (10) days.
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1. Grounds for Suspension-or Revocation-of License.
The Mayor shall, uponseven (7)- days written notice to a licensee
stating the contemplated action and in general, the grounds therefor,
and upon reasonable opportunity to be heard, revoke or suspend any
license issued by the City of Wheat Ridge, if he finds that:
(a) The licensee-has failed to pay the annual license
fee; or that
(b) The licensee has either failed to file the required
reports or furnish such information as may be reasonably required
by the Mayor under the authority vested in-him by the terms of the
Ordinance; or that
(c) The licensee, either knowingly or without the exercise-
of due care.to prevent the same, has violated or has_permitted tha
violation of any terms of this,ordinance or any of the provisions
pertaining to his licenses or any regulation or order lawfully made
under and within the authority of the terms of the privisions re-
lating to the license; or that
(d) Any fact or condition exists which, if it had existed
or had been known to exist at the time of the application for such
license, would have warranted the Mayor in refusing originally to
issue such license:
(e) The licensee has made any false representation or
statement to the Mayor or his authorized representative for the
purpose of obtaining or inducing any action by the City of Wheat
Ridge.
(f) The licensee is incompetent or physically unable to
carry on the management of his health.service establishment or the
practice of_massage.
(g) The licensee is habitually intemperate in the use
of alcoholic liquor or is addicted,to the use of habit forming drugs.
(h) The licensee has misrepresented to any patron any-
services rendered.
(i) The licensee is operating said establishment in a
manner such as toConstitute a-niusance. - -
Section 16. Unlawful to Practice Massage Upon Persons
of the Opposite Sex. It shall be unlawful for any licensee here- -
under to practice or administer,mas_sage as defined herein upon a
person of the opposite sex, unless said licensee shall be in poss-
ession of a written authorization or prescription signed by a phy-
sician or an osteopath registered in the State of Colorado which
shall state the date of issue, the name of the licensee, the person- -
upon whom such massage shall be. administered and the duration, of
the period, not to exceed ninety (90) days, for which the licensee
may practice or administer massage upon the person designated.
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Section 17. Basic Sanitary Provision: Rules and Regula-
tions to Amplify and Augment. The following basic requirements.
shall apply to all-health service establishments: -
1. Floors. Floors- shell be of such construction as_tQ
be easily cleaned, equipped with proper drainage when necessary,
and shall be kept clean and in good repair.
2. Walls-and Ceilings. Walls and ceilings shall be kept
clean and in good-repair. All walls and ceilings of massage and
bath areas shall have smooth, washable, light-colored surfaces and-
shall be maintained in a clean and sanitary condition..
3. Lighting and Ventilation. All ~eas_shall be well ,
lighted and well ventilated.
4. Toilet Facilities, Dressing Roomsand Locker Rooms.
Lavatory andtoilet facilities shall be provided. Where patrons
of both sexes are accommodated, separate toilet facilities and room
separation shall be provided.
5. Shower Facilities. All establishments-giving cabinet
vapor and steam baths shall be equippedwith adequate shower fac-
ilities.
6. Water Supply.
(a) The water supply shall be adequate and of a safe,
sanitary quality.
(b) Drinking fountains of an approved type or individual
paper cups shall be provided for the convenience of employees and
patrons.
7. Lavatory Facilities. Adequate and convenient hand-
washing facilities-, including hot and cold running water, soap, and
towels shall be provided in the working areas.
8. Equipment.
(a) There shall be adequate facilities for the cleaning
and sterilizing of all equipment.
(b) All equipment, instruments, robes, towels, sheets,=
blankets, pillow cases wearing apparel and all other materials
which may come into direct contact with the body shall be kept clean
and sanitized prior to use on each individual patron.
9. Disposal Of Wastes. Refuse shall be stored in an "
approved container and shall be disposed of in a sanitary manner.
10. Linens. All single service materials and clean linen
shall be stored in shelves, compartments or cabinets used for th-at
purpose only and sha11 be segregated as to types (pillows, sheets,
towels, etc.)
(a) All single service materials and clean linen such
as sheets, towels, gowns, pillow cases and all other linens used in
tbe.practice of massage, shall be furnished for the use of each
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individual patron.
(b) All soiled linens shall be placed immediately in a
covered receptacle.
11. Personnel.
(a) Masseurs and masseuses shall wear clean, washable
uniforms.
(b) Masseurs and masseuses shall wash their hands with
soap and hot water frequently and after each visit to the toilet
and immediately before serving a person.
12. Safety._ An approved first aid kit shall be provided
in the establishment:
13. Prohibitions. _
(a) Direct Application of instrument--to Skin Prohibited.
No instrument or device designed or used for direct application to
the skin shall be applied directly to.the skin.unless sanitized;
the part of the body being treated shall be covered with a clean
towel, or else the instrument shall be covered in a similar manner. -
(b) Treatments of Wounds Prohibited. No sponge, stick,
alum, or other article liable to convey infection shall be used to
make application directly to an abrasion of the skin or to any
cut or wound.
(c) Treatment of persons with Skin Disease Prohibited.
No licensed person shall treat any individual afflicted with any
skin eruption or other disease, unless such person shall have fur-
nisheda written certificatefrom a physician directing such treat-
ment and a statement to the effect that the eruption or disease is
not of a contagious or transmissible character.
(d) Use of X-ray Prohibited. No licensee may operate
an x-ray, fluoroscope, or similar equipment or radioactive material
for any purpose unless already licensed by the State of Colorado
to practice a profession requiring the use of radiation equipment.
No health service establishment may contain an x-ray, fluoroscope,
or similar equipment unless _this _equipment is operated only by
persons properly licensed to practice a profession requiring the
use of such equipment.
(e) No licensee shall administer oxygen. No licensee-
shall engage in any_activity-which falls within the realm of medical
practice-Or nursing care.
14. Disease Control. No health service operator shall
employ or permit any person to work who is affected with any disease
in a communicable form or who has open lesions or sores.
15. Miscellaneous. No room used in the conduct of health
service business- shall be used-for domestic purposes.
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Section 18. Enforcement of Sanitation Requirements;
Right tc-Entry; Nuisance. _A
1. Repair or Cleaning Order. The Mayor may order any
person, firm, or corporation-to whom inspection services are
accorded to effect such cleaning or repair operations as are necessary
to place such health.service_establ shment in cpnformity with-the
requirements of this section and pertinent rules and regulations
issued hereunder.
(a) If the order involves a cleaning or repair operation
which requires expenditures. of considerable _time _or money, such
order shall be made in writing and-delivered personally or by
registered mail to the said person, firm or-corporation and shall - -
specify a reasonable period within which compliance shall be
achieved. -
(b) While cleaning and repair operations pursuant to an
order under terms of this Ordinance are being undertaken, the area
or areas of.the health service -establishmentaffected by such _order-
shall not be utilized inconnection with thecperations of such es-
tablishment.
(c) It shall be unlawful to refuse to comply with any
order lawfully issued in pursuance of this Ordinance.
2. Right of Entry. For 'purposes of ascertaining violations
of this Ordinance and conducting routine inspections, the right of
entry into the premises of _any _health service establishment during
hours said establishment, is conducting business arLd at. other- times
during which- activity is in evidence is,hereby =granted to the Mayor
or his authorized representative, all ❑f_-whom are.empowered to conduct
a reasonable inspection or investigation.
(a) It shall be unlawful to hinder, prevent, or refuse to
permit any lawful inspection or investigation authorized under__ths,-
terms of this Ordinance.
3. Nuisance Abatement. In the event that any order-lawfully
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issued in pursuance of this Ordinance hereof is not complied within
such reasonable timeas is specified, the particular instance of
violation of this Ordinsnceis and shall be declared to, be a-nuisance-
4. Separate Offenses. Each day's continuance of a violation
hereunder shall be deemed a separate offense.
5. Plans and Specifications. It shall be necessary to
submit to the City of Wheat_ Ridge, detailed plans and specifications
whenever it is proposed to erect ❑r remodel any, health service es-
tablishment. Before construction work commences such plans and
specifications shall be approved by the City Council in respect to
the following:
(a) Location and layout of all equipment and facilities;
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(b) Layout and arrangement of all areas in which opera-
tions are conducted; and
(c) Materials to be used in construction of working areas
and in utensils and equipment.
Section 19. Penalty. In addition t❑ the revocation or
suspension of the privilege of inspection servicesas provided.in_
this Ordinance, any person, firm, or corporation who shall violate
any provisions of this Ordinance or any rule.or-regulation promulgated
under authority of this Ordinance shall be,guilty- of_a misdemeanor - -
and subject to a penalty of Three Hundred Dollars ($300.00) and/or
Ninety (90-) dada in jail.
Section 20. Fees. The following schedule of fees shall.
apply:
1. Initial application fee for health service
establishment. $15.00
2. Initial application fee for any individual $ 5.00
licensee.
3. Health service establishment. $50.00 per
year.
4. Masseurs and Masseuses. $25.00 per
year. -
5. Apprentices $10.00 per
year.
6. All other employees - - $ 5.00 per
year.
Section 21. Severability. If any provisions of this Or-
dinance or its application to any person or circumstances is held in-
valid, such invalidity shall not affect. ether provisions or applications
of the Ordinance. The City Council hereby declares that in these-
regards the provisions of these sections are severable.
Section 22. Emergency Clause. The provisions of this Or-
dinance are necessary to the immediate preservation of the public
health and safety of the citizens of the City of Wheat Ridge for the
following reasons:
1. No Ordinance has been previously passed relating to
health service establishments within the City of Wheat Ridge, because _
the City having.just completed incorporation on August 20, 1969, has
not heretofore adopted any ordinance controlling health service.astab-
lishments within the municipality.
2. The health service establishment ordinance is necessary
to allow police officers of the City of Wheat Ridge to preserve the
public health and safety of.the.-citizens of.the City of Wheat.Ridge;
Colorado.
Section 23. Effective Data. This-Ordinance shall-take
effect and be in force five (5) days after publication fallowing final
passage, providing it shall have been passed by an affirmative-vote of,
three-fourths (3/4) of the members of the City Council; otherwise,
said Ordinance shall take_e_ffect thirty (30) days aftar publication
following final passage.
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INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND
POSTED on first reading by a vote of 6 to 0 this 5th _
day of November , A. D. 1979.
READ, ADOPTED, AND ORDERED PUBLISHED AN5 POSTED ❑n second
and final reading by a vote of 6 to - ❑ this 24th day
of November A. D. 1970.
1 ~ _
A t E. Anderson
Mayor
ATTEST:
Louise F. Turner
City Clerk _
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CERTIFICATE OF POSTING
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance Nb-- 66 . Laas duly posted by us
following first reading on the 13th day of -November
1970, at-the-following locations within the City of Wheat
Ridge:
Wheat.Ridge Post Office
Wheat Ridge Branch Library
Westridge-Sanitation District Office...
Columbia Heights School
Prospect Valley Fire Department
Wheat Ridge City Office
Wheat Ridge Council Meeting Room
We, Louise F. Turner and Helen Elise McMillen hereby
certify that Ordinance No. -66 was dulyposted by us_
following second reading on the 4th day of December
1970, at the above locations within the City of Wheat Ridge.
ise F. Turner
City Clerk
He en Elise cMillen "G
Deputy Citk Clerk
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