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HomeMy WebLinkAboutOrdinance-2001-1231 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. -22..:-2001 Ordinance No. 1231 Series of 2001 TITLE AN ORDINANCE AMENDING CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS BY AMENDING ARTICLE X CONCERNING MASSAGE PARLORS AND BY THE ADDITION OF ARTICLE XI CONCERNING 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 section 1 3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, and WHEREAS, pursuant to Colorado Revised Statutes Section 31-15-401(1)(b) the City has authority to make all regulations necessary or expedient for the promotion of health or suppression of disease, WHEREAS, authority is granted to the City to supplement the minimum requirements of the Colorado Massage Parlor Code, C R.S S 12-485-101 et seq., by S 12-485-118, and WHEREAS, the City desires to regulate both massage parlors and massage therapists by establishing license requirements and procedures designed to ensure the integrity of massage and massage therapy practiced within the City BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS Section 1. Article X of Chapter 16 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows ARTICLE X. MASSAGE PARLORS Sec. 16-217 -16-222. Reserved. Sec. 16-230. Applications. Sec. 16-223. Purpose. Sec. 16-231. License Term - Renewal - Fees. Sec. 16-224 Authority. Sec. 16-232. Denial. Sec. 16-225. Applicability of State Sec. 16-233. Suspension, Revocation, Law. Cancellation; Hearing. Sec. 16-226. Definitions. Sec. 16-234. Location of Massage Parlors. Sec. 16-227. Unlawful Acts. Sec. 16-235. Exemptions. CNB\53027\36256707 Sec. 16-228. Right of Entry Sec. 16-236 - Reserved. 16-239. Sec. 16-229. License Required; Display. Secs. 16-217 - 16-222. Reserved. Sec. 16-223. Purpose. The purpose of this article is to promote the public health, safety and welfare of the citizens by regulating and licensing massage parlors Sec. 16-224. Authority. This article is adopted under the authority conferred by Colorado Revised Statutes S 31-15-401 (1 )(b) to make all regulations necessary or expedient for the promotion of health or suppression of disease and by Colorado Revised Statutes S 12-48 5-118, which authorizes local government regulation of massage parlors Sec. 16-225. Applicability of State Law. All provisions of this article shall be construed in accordance with Title 12, Article 48 5 of the Colorado Revised Statutes, otherwise known as the "Colorado Massage Parlor Code" Sec. 16-226. Definitions. For the purposes of this article, the following words and phrases shall be defined as follows License A city business license to be renewed annually Licensed premises The premises specified in a license issued under this article within which massage may be performed Massage Any method of massage that does not fit within the definition of "massage therapy," as set forth in Section 16-225 of the Wheat Ridge Code of Laws 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 Person. Any natural person, partnership, company, association, corporation, organization, or managing agent, servant, officer or employee of any of them Specified anatomical areas. The gluteal cleft, anus, male genitals, female genitals, pubic region, and female breasts below the point immediately above the top of the areolae CNB\53027\36256707 2 Sec. 16-227. Unlawful Acts. (a) It is unlawful for any person (I) To operate a massage parlor within the City without a city business license issued pursuant to Article II of Chapter 11 of the Wheat Ridge Code of Laws, (2) To be in or upon the premises of a massage parlor or to obtain the services provided in a massage parlor by misrepresentation of age or by any other method when such person is under eighteen (18) years of age, unless such person is accompanied by his or her parent or legal guardian, has a physician's prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services, (3) To allow the sale, giving, or procuring of any massage to any patron under the age of eighteen (18) years, unless such patron is accompanied by his or her parent or legal guardian, has a physician's prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services, (4) To perform or permit to be performed in a massage parlor massage to a person whose specified anatomical areas are exposed unless that person is teaching infant massage to the parents of a child under the age of twenty-four (24) months For the purposes of this subsection, specified anatomical areas shall not be deemed exposed if covered by a towel, sheet or other cloth used by massage therapists for such purpose in the normal course of practice (5) To fail to display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter a minimum of one- half (1/2) inch in height, which shall read as follows WARNING IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN'S PRESCRIPTION FOR SUCH MASSAGE SERVICES FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE WHEAT RIDGE CODE OF LAWS AND ARTICLE 485 OF TITLE 12, COLORADO REVISED STATUTES CNB\53027\36256707 3 (6) To permit any narcotics or dangerous drugs on the licensed premises; or (7) To permit any fermented malt beverages, or malt, vinous, or spirituous liquors on the licensed premises. (b) No massage parlor shall be open for business between the hours of twelve o'clock (12.00) midnight and six o'clock (6 00) A.M Sec. 16-228. Right of Entry. (a) For purposes of ascertaining violations of this article and conducting routine inspections, the right of entry into a massage parlor during the hours such establishment is conducting business and at other times during which activity is in evidence is hereby granted to the Chief of Police of the Wheat Ridge Police Department, or his or her authorized representative, all of whom are empowered to conduct a reasonable inspection or investigation (b) It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized under the terms of this article Sec. 16-229. License Required; Display. (a) A massage parlor shall prominently display its current license on the licensed premises Sec. 16-230. Applications. (a)Applications for massage parlor licenses shall be on forms prescribed by the city treasurer, filed at the offices of the city treasurer, and shall contain at a minimum (I) The name, nickname, current address, date of birth, height, weight, color of hair and eyes, social security number, and driver's license number and issuing state of each individual applicant, partner of a partnership, officer, director and holder of over ten percent (10%) of the corporate stock of the corporate applicant, and all managers thereof; (2) Proof of the applicant's right to possession of the premises, (3) Evidence from the Wheat Ridge Planning Department that the proposed establishment meets the zoning requirements of the Wheat Ridge Code of Laws, (I) In the event the licensed premises constitutes a "home occupation" as defined by Section 26-123 of the Wheat Ridge Code of Laws, proof that the premises conforms with all standards and requirements of a "home occupation" under Section 26-1101 of the Wheat Ridge Code of Laws, (2) A financial questionnaire and consent to release financial information, and (3) Each corporate applicant shall furnish evidence that it is in good standing under the statutes of the state of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the state of Colorado CNB\53027\362567 07 4 (b) The city treasurer shall not accept any application that is not complete in every detail If an omission or error is discovered by the city treasurer, the application shall be rejected and returned to the applicant without further action All fees shall be returned with the application For purposes of this article, the date the city treasurer accepts an application which is complete in every detail shall be the filing date Sec. 16-231. License Term - Renewal - Fees. (a) All licenses granted pursuant to this article shall expire and be renewed pursuant to Section 11-27 of the Wheat Ridge Code of Laws. (b) The following schedule of fees shall apply' Initial application fee for a massage parlor $ 50 00 Massage parlor, per year $ 50 00 Sec. 16-232. Denial. (a) A license application or renewal application may be denied for any of the reasons enumerated in Section 11-28 of the Wheat Ridge Code of Laws Sec. 16-233. Suspension, Revocation, Cancellation; Hearing. (a) Licenses issued pursuant to this article may be suspended, revoked and cancelled under the terms of Sections 11-31 - 11-33 of the Wheat Ridge Code of Laws. (b) When a license is suspended, revoked, cancelled, or denied, the licensee or applicant shall be given notice thereof and an opportunity to request a hearing Such notice and hearing shall be conducted in accordance with Section 11-34 of the Wheat Ridge Code of Laws (e) Nothing in this section shall prohibit the City from taking any other enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the state, or of the United States Sec. 16-234. Location of Massage Parlors. (a) It is unlawful to cause or permit the operation of a massage parlor which is in violation of the zoning requirements of the Wheat Ridge Code of Laws (b) It is unlawful to cause or permit the operation of a massage parlor within seven hundred fifty (750) feet of' (I) A church, (2) A day care center or school, as defined in Chapter 26 of the Wheat Ridge Code of Laws, (3) A public park, (4) A boundary of any residential district; or (5) The property line of a lot devoted to residential use (el It is unlawful to cause or permit the operation of a massage parlor within one thousand (1,000) feet of another massage parlor or sexually oriented business licensed under Chapter 3 of the Wheat Ridge Code of Laws (d) It is unlawful to cause or permit the operation or maintenance of more than one (1) massage parlor in the same building, structure, or portion thereof CNB\53027\362567.07 5 (e) For the purposes of subsection (c) of this section, the distance between any two (2) structures shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located The distance between a massage parlor and the uses listed in subsection (b) above shall be measured in a straight line, without regard to intervening structures or objects, from the closest point of the property line of such use to the closest exterior wall of the structure in which the massage parlor is located (1) Any massage parlor lawfully operating on the effective date of this article that is in violation of subsections (b) or (c) of this section shall be allowed to continue operating for an amortization period of six (6) months Six (6) months after this ordinance becomes effective, all massage parlors must comply with subsections (b) and (c) of this section and all other provisions of this article (g) A massage parlor lawfully operating is not rendered a nonconforming use by the subsequent location of a church, day care center or school, as defined in Chapter 26 of the Wheat Ridge Code of Laws, public park, residential district or residential lot within seven hundred fifty (750) feet of the massage parlor; however, if the massage parlor ceases operation for a period of one hundred eighty (180) days or more, regardless of any intent to resume operation, it may not recommence operation in that location (h) Any change in location of a massage parlor requires a new application under Section 16-247 of this article Sec. 16-235. Exemptions. (a) The following places where massage may occur are exempted from the requirements of this article (I) Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated to medical or nursing practices licensed under the laws of this state where massage and baths may be given; (2) Institutions of learning established for massage therapy instruction under Colorado Revised Statutes, Title 12, Article 59, (3) Training rooms of public and private schools accredited by the State Board of Education or approved by the State Board of Community Colleges and Occupational Education, and training rooms of recognized professional or amateur athletic teams, and (4) Health care facilities licensed by the State of Colorado not specified in this article Secs. 16-236 - 16-239. Reserved. Section 2. Chapter 16 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article XI to read in its entirety as follows ARTICLE XI. MASSAGE THERAPY PRACTICE Sec. 16-240. Purpose. Sec. 16-246. Applications. CNB\53027\36256707 6 Sec. 16-241. Authority. Sec. 16-247. License Term - Renewal- Fees. Sec. 16-248. Denial. Sec. 16-249. Suspension, Revocation, Cancellation; Hearing. Sec. 16-250. Exemptions. Sec. 16-242. Definitions. Sec. 16-243. Unlawful Acts. Sec. 16-244. Right of Entry; Exceptions. Sec. 16-245. License Required; Display Sec. 16-240. Purpose. The purpose of this article is to promote the public health, safety and welfare of the citizens by regulating and licensing massage therapists. Sec. 16-241. Authority. This article is passed under the authority conferred by Colorado Revised Statutes S 31-15-401(1)(b) to make all regulations necessary or expedient for the promotion of health or suppression of disease. Sec. 16-242. Definitions. For the purposes of this article, words and phrases shall have the definitions ascribed to them in Article XI of this chapter, unless otherwise specified below The following words and phrases shall be defined in this article as follows License A city business license to be renewed annually Licensed premises. The premises on which massage therapy is permitted under a license issued pursuant to this article, if specified Massage therapist. A person 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 Massage therapy Any method of treating the body for remedial or hygienic purposes or for the purposes of infant wellness, including but not limited to the use of pressure on or friction against or rubbing, stroking, kneading, pounding, tapping, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. CNB\53027\36256707 7 Person. Any natural person, partnership, company, association, corporation, organization, or managing agent, servant, officer or employee of any of them Specified anatomical areas. The gluteal cleft, anus, male genitals, female genitals, pubic region, and female breasts below the point immediately above the top of the areolae Sec. 16-243. Unlawful Acts. (a) It is unlawful for a massage therapist to perform massage therapy within the City without a city business license issued pursuant to Article" of Chapter 11 of the Wheat Ridge Code of Laws (b) It is unlawful for any person to perform massage therapy to a person whose specified anatomical areas are exposed unless that person is teaching infant massage to the parents of a child under the age of twenty-four (24) months For the purposes of this subsection, specified anatomical areas shall not be deemed exposed if covered by a towel. sheet or other cloth used by massage therapists for such purpose in the normal course of practice (c) It is unlawful for any person under eighteen (18) years of age to obtain the services provided by a massage therapist unless that person is accompanied by his or her parent or legal guardian, has a physician's prescription for massage therapy, or has a letter from his or her parent or legal guardian authorizing the massage therapy Sec. 16-244. Right of Entry; Exceptions. (a) For purposes of ascertaining violations of this article and conducting routine inspections, the right of entry into a licensed premises during the hours such establishment is conducting business and at other times during which activity is in evidence is hereby granted to the Chief of the Wheat Ridge Police Department, or his or her authorized representative, all of whom are empowered to conduct a reasonable inspection or investigation. (b) It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized under the terms of this article (e) The provisions of this section do not apply to locations in which itinerant massage therapists perform massage therapy, except where such location is a designated licensed premises under a license issued pursuant to this article Sec. 16-245. License Required; Display. (a) No person may perform massage therapy without a city business license issued pursuant to Article II of Chapter 11 of the Wheat Ridge Code of Laws (b) A massage therapist shall display his or her current license on the licensed premises designated by the license issued pursuant to this article, if specified, and shall provide a copy of such license to any patron upon request. (e) Where a license issued pursuant to this article does not designate a licensed premises because of the itinerant nature of the licensee's practice, the massage therapist licensee must have his or her license, or copies thereof, CNB\53027\362567 07 8 available for inspection upon the reasonable request of any patron or of the City at all times the licensee is performing massage therapy. Sec. 16-246. Applications. la)Applications for massage therapist licenses shall be on forms prescribed by the city treasurer, filed at the offices of the city treasurer, and shall contain at a minimum' (2) The applicant's full name, nicknames, address, date of birth, height, weight, color of hair and eyes, social security number, and driver's license number and issuing state, (3) Disclosure of the education and experience of a massage therapist applicant, including a diploma or other type of certification of graduation from a massage therapy school accredited by the state or comparable approval or accreditation from another state, and (4) In the event the licensed premises constitutes a "home occupation" as defined by Section 26-123 of the Wheat Ridge Code of Laws, proof that the premises conforms with all standards and requirements of a "home occupation" under Section 26-1101 of the Wheat Ridge Code of Laws (b) The city treasurer shall not accept any application that is not complete in every detail If an omission or error is discovered by the city treasurer, the application shall be rejected and returned to the applicant without further action All fees shall be returned with the application For purposes of this article, the date the city treasurer accepts an application which is complete in every detail shall be the filing date. Sec. 16-247. License Term - Renewal- Fees. (a) All licenses granted pursuant to this article shall expire and pursuant to Section 11-27 of the Wheat Ridge Code of Laws (b) The following schedule of fees shall apply' Initial application fee for a massage therapist. Massage therapist, per year be renewed $ 25 00 $ 25 00 Sec. 16-248. Denial. (a) A license application or renewal application may be denied for any of the reasons enumerated in Section 11-28 of the Wheat Ridge Code of Laws Sec. 16-249. Suspension, Revocation, Cancellation; Hearing. (a) Licenses issued pursuant to this article may be suspended, revoked and cancelled under the terms of Sections 11-31 - 11-33 of the Wheat Ridge Code of Laws (b) When a license is suspended, revoked, cancelled, or denied, the licensee or applicant shall be given notice thereof and an opportunity to request a hearing Such notice and hearing shall be conducted in accordance with Section 11-34 of the Wheat Ridge Code of Laws CNB\53027\36256707 9 (e) Nothing in this section shall prohibit the City from taking any other enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the state, or of the United States. Sec. 16-250. Exemptions. (a) The following classes of persons are exempted from the requirements of this article (I) Physicians, osteopaths, physical therapists, chiropodists, chiropractors or podiatrists licensed or registered to practice in this state while performing such services in the practice of their respective professions, (2) Registered nurses and licensed practical nurses who are licensed to practice in this state while performing such services in their nursing duties, and (3) Barbers and cosmetologists duly licensed under the laws of this state in the course of practice of their usual and ordinary licensed vocation and profession, as defined in Colorado Revised Statutes ~~ 12-8-101, etseq Section 3. 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 4. 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 5. Effective Date This ordinance shall take effect fifteen 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 o on this 8th day of October , 2001, 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 OCt01Hlr 11 ' 2001, at 700 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 8 to 0 ,this 22nd day of October , 2001 SIGNED by the Mayor on this 23rd day of October ,2001 CNB\53027\362567 07 10 ,,/ ! ATTEST /j -L 'I ,j ( )\LI.-/.-( Wanda Sang, City Clerk " Approved.-Ar To Form ~/;:~~ ~E Dahl, City Attorney .,. . ,. f' I , f 1 ) " " , . 11 ; , ' ..-. ,- I /J First Publication October 11, 2001 Second Publication October 25, 2001 Wheat Ridge Transcript: Effective Date. November 9. 2001 CNB\53027\362567 07 11