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HomeMy WebLinkAbout1981 Ordinance No. 038or~ • ... " ' /~~ BY AUTHORITY ORDINANCE NO. Jf SERIES OF 1981 COUNCIL BILL NO. 41 ---INTRODUCED BY COUNCIL MEMB2R NEAL ------- AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OP THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, the City Council of the City of Englewood has reviewed the Colorado Massage Parlor Code1 and WHEREAS, the City Council of the City of Englewood determines that the licensing and regulation of massage parlors within its jurisdiction are matters of local and municipal concern in addition • to being a matter of statewide concern; and WHEREAS, the City Council of the City of Englewood finds that the Colorado Massage Parlor Code does not provide sufficient regulation for the health, safety and welfare of the public; and • WHEREAS, the current Health Therapy Establishment Ordinance is in need of revision to adequately protect the health, safety and welfare of the public; and WHEREAS, the herein proposed Massage Parlor Code is intended to replace and supersede the Health Therapy Establishment Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1 through and including 16 of Chapter 7, Title IX, of the official Code of Englewood, (EMC '69, as amended) are hereby amended, adding new Sections 17 through 19, to read as follows: ,.• • • • ARTICLE I. MASSAGE PARLOR CODE. 9-7-1: IMPLEMENTATION OF STATE MASSAGE PARL~R CODE. (a) The City Council hereby declares that the licensing and regulation of massage parlors within its jurisdiction are matters of local and municipal concern in addition to being matters of statewide concern as declared by the Colorado General Assembly. It is the intention of the City Council to adopt supplementary standards for massage parlors within its jurisdiction to those provided by the Colurado General Assembly. The City Council hereby determines that enactment of this massage parlor ordinance is necessary to protect the health, safety, and welfare of the people of the City. (b) The City of Englewood hereby adopts the Colorado Massage Parlor Code. In order to fully implement the Colorado Massage Parlor Code within the City of Englewood, the City establishes additional standards for the licensing of massage parlors and employees thereof. 9-7-2: DEFINITIONS As used in this Article, the following words and terms shall have the following meanings: (a) (b) (c) (d) (e) License means a grant to a licensee to operate a massage parlor. Licensed premises means the premises specified in an approved application for a license under this Article which is owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage or receive requests for the supplying of massage services. Local licensing authority is designated to be the City Council of the City of Englewood or such designee as they shall determine by resolution. Massa~e. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating· of the external soft parts 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. Massaie earlor. Any establishment where any person, firm, association or corporation engages in, carries on, or permits -2- ~· . . • • • to be engaged in or carried on any of the activities mentioned in Subsection 9-7-2(d) of this Section. Massage establish- ments shall not include: (1) Physicians, surgeons, doctors, medical clinics or persons licensed by the laws of the state to practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and all persons working in their off ices and clinics under their supervision and direction. : (2) Hospitals and all persons employed by institu- tions and establishments licensed by the state as hospitals while performing their usual duties within the hospital or institution so licensed; (3) Registered or licensed nuraes performing services in their usual nursing duties; (4) Beauticians and barbers duly licensed under the laws of the state, insofar as their usual and ordinary vocation and profession, as defined by the l•ws of the state, are concerned; (5) Massage practiced or inatructed in the athletic department of any state accredited school, college, university or seminary; (6) Trainers of any amateur, semiprofessional or professional athlete or athletic team, when treating athletes; (7) Any bona fide athletic club which is not engaged in the practice of rendering massages to members of the general public for remunera- tion. For the purposes of this Article, if an athletic club does not receive more than ten percent of its gross income from the practice of rendering massages to its members, such shall be prima facie evidence that the club is a bona fide athletic club. (f) Premises means a distinct and definite J.ocation which may include a building, a part of a building, a room, or any other definite area contiguous thereto. _3_ ... • • • 9-7-3: (a) (b) 9-7-4: (a) (b) MASSAGE PARLOR LICENSE REQUIRED No massage parlor shall do business without having first obtained a license under this Article and complying with all applicable laws and ordinances. An applicant for a massage parlor license shall submit an application upon the forms provided by the Licensing Authority in compliance with 9-7-S. MASSAGE PARLOR EMPLOYEE PERMIT REQUIRED Any person, including a licensee who engages in the provid- ing of massage services to the public, shall file an application for a massage parlor employee permit with the licensing officer of the City upon the forms provided by the Licensing Authority. The application for a massage parlor employee permit shall contain -substantially the same information as the applica- tion for massage parlor licen•e, except for the names and addresses of the owners of the real estate and any leases or contracts concerning the real estate. 9-7-5: MASSAGE PARLOR LICENSE APPLICATION (a) An applicant for a massage parlor license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant, or any stockholder holding more than ten (10) percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business or who provides a ma••a9e, shall furnish the follow- ing information under oath: (1) (2) (3) (4) (5) (6) Name and address, including all aliases. Written proof satisfactory to the Licensing Authority that the individual is at least twenty-one (21) years of age. ' Name and address of spouae, if any, and such further information about said spou•e as may be required by the Licensing Authority. All residential addres•es for the past three (3) years. The business, occupation or employment of the applicant for three (3) years inaediately preceding the date of the application. The applicant's height, wei9ht, color of eyes and hair. -4 - ... • • • (7) The massage parlor or similar business license history of the applicant: whether such person, in previously operating in this or any other city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupa- tion subject to such action of suspension or revocation. (8) All criminal or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations. (9) Fingerprints and photograph of the applicant. (10) The exact nature of the maasaqe parlor to be conducted and the proposed place of business and facili t ies thereto. (11) The names and addresses of all persons holding any beneficial interest in the real estate upon which such mas·sage parlor is to be operated, including but not limited · to, contract purchaaers or sellers, bene- ficiaries of land trust or lessees subletting to applicant. (12) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application. (13) A statement by the applicant that he or she has read and is familiar with the provisions of this Article and is in compliance with them. (14) Such other and further information as determined necessary to carry out the provisions of this Article. 9-7-6: REQUIREMENTS FOR LICENSE OR PERMIT Every applicant for massage parlor license or massage parlor employee permit shall meet the followi~9 requirements: (a) Applicant must have attained the age of twenty-one (21) years. ' (b) Applicant must be of 9o0d moral character and record. (c) Applicant must not have been convicted of any felony or misdemeanor involving moral turpitude (other than minor traffic violations) within the past five years unless applicant is in fact a person of good moral character at the time of the application. · (d) Applicant must not have had a license which regulates alcoholic liquor or massage eatabliahment revoked or suspended by a governing authority with the past five years. (e) Applicant shall have graduated from an accredited school of massage offering a course of at least one thousand (l,000) clock hours, plus additional six hundred (600) _5_ • • • {f) c l inical hours in a massage parlor or similar establish- ment; or shall show verified evidence of having served an apprenticeship of two (21 years under the direct supervision of a licensed masseur or masseuse in a massage parlor or similar establishment, such apprentice- ship to have included a minimum of five hundred (500) clock hours didactic training in anatomy, physiology, ethics and professional relationships, plus two thousand (2,000) clinical hours of practical experience. The operation, as proposed by the. applicant, if permitted, complies with all applicable lawa. Every massage parlor licenae and every maaaage parlor employee permit shall terminate at expiration of one (1) year from date of its iaauance unl••• sooner revoked. Every massage parlor licenaee and every maaaage parlor employee permittee shall make application for renewal of their license or permit, aa the ca•• may be, at least forty- five (45) days before expiration. In any case in which the licensee or permittee ha• made a timely and sufficient application for renewal, the exiatinq license shall not expire until such application ha• been acted upon by the Licensing Authority • 9-7-7: SUSPENSION AND REVOCATION OF MASSAGE PARLOR LICENSE AND MASSAGE PARLOR BMPLOYBB PBRMIT (.a) Any license or permit issued for a massage parlor or massage parlor employee may be revoked or suspended by the Licensing Authority upon a finding that the licensee or permittee has violated any one of the following: (1) That the massage parlor or a massage parlor employee has operated in a manner such as to constitute a nuisance. Authority is given to the Licensing Authority to determine the question of what activity constitutes a nuisance in the oepration of a massage parlor. (2) An offense consisting of a felony or misdemeanor involving moral turpitude has been committed by the massage parlor licensee or massage parlor employee. (3) That a massage parlor licensee or massage parlor employee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Article or knowingly caused or suffered another to furnish or withhold such information on his or her behalf. (4) That a massage parlor licensee or massage parlor employee has, either knowingly or without the exercise of due care to prevent the same, violated or has per- mitted the violation of any terms of this Article or state law concerning masaage parlors. -6 ·- • (b) A massage parlor licensee shall be responsible for the • • acts of employees, agents and servants. (c) Licensing Authority, before revoking or suspending any license, shall give massage parlor licensee or massage parlor employee at least seven (7) days' written notice of the charges against him or her and the opportunity for a public hearing before the Licenain9 Authority, at which time the licensee or permittee may present evidence bear- ing upon the question. 9-7-8: DISPLAY OF LICENSE AND PBRMIT (a) Every licensee shall display a valid license in a conspicuous place within the maaaage parlor ••tablishment so that the same ma~ be readily aeen by peraona entering the premises. (b) All persons required under thi• Article to obtain a massage parlor employee permit, purauant to this Article, must dis- play .on request,during the houra of operation of said ·business, ··an identification card provided by the City of Englewood containing the legal name and date of birth of the employee and address of the employee along with other information sufficient to identify the employee. 9-7-9: EMPLOYMENT OF EMPLOYEES WITHOUT PERMITS It shall be the responsibility of th• licensee of a massage parlor or the employer of any persona purporting to engage in the providing of massage services to the public in connection with a massage parlor establishment to ensure that each such person shall first have obtained a valid massage parlor employee permit pursuant to this Article. 9-7-10.: ILLEGAL ACTIVITIES ON PREMISES No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any ac.tivity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premi••• which is prohibited by ordinance of the City of Englewood or law of the State of Colorado or the United States. ·1- '-. • • • 9-7-11: EMPLOYEES OF MASSAGE PARLORS No person shall be employed by a massage parlor unless such person shall have attained the age of twenty-one (.21) years and shall not have been found guilty in any court of this or any other state or municipality of any offense involving prostitution, soliciting, procuring, pandering,·pornography, meretricious dis- play, assignation, unlawful cohabitation, lewd acts, indecent acts, or any other offense involving moral turpitude within the five (5) years next prior to such employment. 9-7-12: PARLOR TO SUBMIT NAMES OF ·EMP.LQYEES Any person operating or managing a massage parlor shall submit the names of all persons employed or to be employed by said establishment to the Chief of Police. If it is determined by the Chief of Police that any of said employees do not meet the requirements set forth in this Article, then said establish- ment shall, immediately, upon being notified by the Chief of Police, terminate the employment of said person or persons. No massage parlor shall. employ any person to administer a massage unless said person has first obtained a license pursuant to S9-7-4.- 9-7-13: (a) PROHIBITIONS No instrument or device designed or used for direct application to the akin shall be applied directly to the skin unless sanitized1 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) No sponge, stick, alum or other article liable to convey infect~on, shall be used to make application directly to an abrasion of th• akin or to any cut or WOWld. (c) No licensed person shall treat any individual afflicted with any skin eruption or other disease unless such person shall have furnished a written certificate from a physi'cian directing such treatment and a statement to the effect that the eruption or disease is not of a contagious or transmissible character. (d) No licensee may operate an X-ray, fluoroscope or similar equipment, or a radioactive material, for any purpose unless already licensed by the State of Colorado to practice such a profession requiring the use of radia- tion equipment. No massage parlor may contain an X-ray, fluroscope, or similar equipment unless this equipment .is operated only by persona properly licensed . to practice a profession requiring use of such equip- ment. (e) No licensee shall administer oxygen. No licensee shall engage in any activity which falls within the realm of medical practlce or nursing care. -8- .. • • • 9-7-14: DISEASE CONTROL No massage parlor operator shall employ or permit any person to work who is infected with any diseaae in a communicable form or who has open lesions or sores. 9-7-15: SANITARY REQUIRBMBHTS It shall be unlawful for any massage parlor or employee to fail to meet the following sanitary health standards: (a) All surfaces of floors, wall•, ceilings· and equipment must be smooth and painted or conatructed with surface material that is easily cleaned. (b) All tables, lounges, chair•, ateam rooms, steam cabinets or other devices or f ixturea which may come in contact with any patron shall be covered with a fresh, sanitary diapoaable liner or cover, or with a cloth sheet or cover which ha• not been previoualy used for a different patron since laundering. (c) All towels, robea, bandagea, pads or other articles which come into contact with any part of a patron's body must be laundered, cleaned and aterilized after each use and before being used again for a differ,nt patron. (d) All articles listed in Section 9-7-lS(c) above must be stored prior to use in a sanitary, dustproof bin · or receptacle. (e) (f) (g) (h) (i) (j) 9-7-16: Each treatment room shall be equipped with individual handwashing lavatories provided with hot and cold running water. Each establishment shall provide toilet facilities where patrons of both aexea are acconmodated separately. Shower facilities: all eatabliahments shall have separate shower facilities for patrons of each sex. All employees and persons rendering any massage shall wear clean, washable uniforms. First Aid Kit: ~very establishment shall have an approved first aid kit available for use. All used linen shall be stored in an approved container after use thereof. FEES The following fees shall be paid to the City: I (a) Initial application fee for ·ma••age parlor license $350 (b) Initial application fee for aa••age parlor (c) (d) (e) employee permit Annual fee for massage parlor license Annual fee for massage parlor employee permit All other employees _9_ $100 $150 $50 $25 . . . . • • • Council that this ordinance would have been adopted and such unconstitutional or invalid provision, clause, sentence, para- graph, section, or part thereof not then been included. Introduced, read in full and passed on first reading on the 20th day of April, 1981. Published as a Bill for an Ordinance on the 22nd day of April, 1981. Read by title and passed on final reading on the 4th day of May, 1981. Published by title as Ordinance No.~ , Series of 1981, on the 6th day of May, 1981. ~o~~ Attest: ex I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance~.·.o. passed on final reading and published by title as Ordinance No~q _, Series of 1981. -Ce<JG~-~~ -11- ~·· • • • 9-7-17: MASSAGE PARLOR BUSINESS AND OCCUPATION · LICENSE TAX (a) The City Council of the City of Englewood hereby finds and determines that the nature of the business of operating a massage parlor within the city limits of the city is such as to present special problems with relation to health, welfare and safety of the citizens of the city, thus requiring the classification of such business as a separate occupation and for .the imposition of a reasonable, pcroper, uniform and nondiscriminatory occupational license tax so as to provide for a proper and just distribution of the tax burden within the city. (b) There is hereby levied and aaaeaaed an occupational licen~e tax of twenty-five hundred dollars ($2500) upon a business of operating a maaaage parlor in the city. Each location shall be considered a separate business for the purposes of imposinq the occupational license tax. (c) Any massage parlor required to be licensed by this article shall remit the hereinabove amount before the commencing of business. Such licenae shall be valid for a period of one year from the date of payment • (d) The occupational license tax imposed by this article shall be paid t9 the Director of Finance. (e) All massage parlors shall post the tax receipt in a conspicuous place within auch maasage parlor. 9-7-18: INSPECTION The City shall, from time to time and at least twice a year, make an inspection of each massaqe parlor qranted a license under the pr~visions of this Article for the purposes of determining that the provisions of this Article are complied with. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. 9-7-19: SEVE~BILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency or circumstance, is for any reaaon held to be unconstitu- tional or invalid or ineffective by any court of competent juris- diction, such decision shall not affect the validity or effective- ness of the remaininq portio~s of thi• ordinance or any part thereof. It is hereby declared to be the le9ialative intent of the City -10-