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HomeMy WebLinkAbout1975 Ordinance No. 005• . . • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING BY AUTJiORITY ORDINANCE NO. .S-, SERIES OF 1975 A ORDINANCE REPEALING CHAPTER 7, ARTICLE 1, TITLE IX, E TITLED "HEALTH THERAPY ESTABLISHMENTS", OF THE 1969 E.M.C., AND REENACTING SAME WITH AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLE WOOD, COLORADO, as follows: Section 1. That Article 1, Chapter 7, Title IX of the 1969 E.M .C. 1s hereby repealed and reenacted as follows: 9-7-1 DEFINITIONS As used in this article the following words and terms shall have the following meanings: (a) "Health therapy" embraces the art of body massage or body manipulation, or the massage or manipulation of any part of the body, either by hand or mechanical means; oil or lotion rubs; medical or corrective exer- cises or gymnastics; electrical or mechanical therapy, or the use of slenderizing, reducing, building up, or rhythmic or vibrating tables or apparatu s , hot packs, cabinet, shower, sitz or simila r baths, or ultraviolet or infrared lamps. (b) "Health therapy establi;hment" is any shop, gymnasium, establishment or place of business, including Russian, Turkish or Swedish rooms, wherein all or any one or more of the subjects enumerated in the preceding paragraph (a) are practiced or administered for a fee or gratuity. (c) "Massage" means pressure on, friction against, stroking and kneading of the body by manual means, or by a mechanical aevice used manually, with or without appliances such as vibrators, infrared heat, sunlamps and external baths, for the purpose of obtaining or maintaining good health or good physical condition. -1- • • • . . 9-7-2 9-7-3 9-7-4 (d) "Practice of massage" means the performance of massage with or without compensation. HEALTH THERAPY ESTABLISHMENTS TO COMPLY It shall be unlawful for any person, FIRM, OR CORPORATION, to operate, manage or conduct a health therapy establishment without first having eemplied SECURED A LICENSE TO OPERATE SUCH ESTAB- LISHMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE. MASSAGE LICENSE No person shall engage in the practice of massage without first having secured a masseurs' or masseuse's license pursuant to the provisions of this article, except an apprentice working under the direct supervision of a person holding such license. REQUIREMENTS FOR MASSAGE LICENSE No person shall be licensed to practice massage or other services within the definition of massage unless he meets the following requirements: (a) Ase and Education. Any applicant for a massage license shall be at least 21 years of age and shall furnish evidence of graduation from an accredited school of massage offering a course of at least 1,000 clock hours, plus an additional 600 clinical hours in a health therapy estab- lishment; or shall show verified evidence of having served an apprenticeship of two years under the direct supervision of a licensed masseur or masseuse in a health therapy establishment, such apprenticeship to have included a minimum of 500 clock hours didactic training in anatomy, physiology, ethics and professional relathipship, plus 3,500 clinical hours of practical experience; or shall fur- nish by properly attested and executed affidavit satisfactory proof that the applicant has served an apprenticeship of at least 3,500 hours under the direct superyision of a licensed masseur or masseuse in a licensed health therapy establishment . -2 - • • • (b) Application for Licensini. The application for licensing shall be filed with the License Officer together with an application fee of $50.00 lieense-fee-ef-$2.88-and shall con- tain the following information: the name, age, permanent home address, local address, and physical description of the applicant; name and address of the applicant's employer; name and address of former places of employ- ment; names and addresses of at least two responsible persons who will attest to the good character and reputation of the applicant; a statement as to 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 convinction for fraud, deceit or misrepresentation entered against him and if so, the full details thereof . (c) Character of Applicant. No license shall be issued if the applicant is found to have (d) been guilty in any court of this or any other state or municipality of any offense involving prostitution, soliciting, procuring, pandering, pornography, meretricious display, assigna- tion, unlawful cohabitation, lewd acts, indecent acts, or any other offense involving moral turpitude within ten (10) years next prior to the application for the license. BACKGROUND INVESTIGATION AND FACILITIES INSPECTION. THE POLICE DEPARTMENT SHALL SECURE A COMPLETE BACKGROUND INVESTIGATION OF THE APPLICANT, AND ALL OF SAID APPLICANT'S EMPLOYEES, AND SHALL SUBMIT THE SAME TO THE CITY LICENSE OFFICER. THE BUILDING DIVISION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT SHALL INSPECT THE FACILITY PROPOSED TO BE LICENSED FOR COMPLIANCE WITH THE CITY BUILDING AND PLUMBING CODES, AS WELL AS THE SANITARY REQUIREMENTS CONTAINED HEREIN . -3- . . • • • 9-7-5 9-7-6 9-7-7 EMPLOYEES OF HEALTH THERAPY ESTABLISHMENTS No person shall be employed by a health therapy establishment unless such person shall have attained the age of 18 years and shall not have been f ound gui lt y in any court of this or any other state or municipality of any offense involving prostitution, soliciting, procuring, pandering, pornography, meretricious display, assignation, unlawful cohabitation, lewd acts, indecent acts, or any other offense involving moral turpitude within the ten (10) years next prior to such employment. ESTABLISHMENT TO SUBMIT NAMES OF EMPLOYEES Any person operating or managing a health therapy establishment 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 Section 9-7-5, then said establishment shall immediately upon being notified by the Chief of Police terminate the employment of said person or persons. No health therapy establishment shall employ any per- son as a masseur or masseuse unless said person has first obtained a license pursuant to Section 9-7-3. SANITARY REQUIREMENTS It shall be unlawful for any person to operate, conduct, or manage any health therapy establishment in any place which does not meet the following sanitary and health standards: (a) All surfaces of floors, walls, ceilings and equipment must be smooth and easily cleaned; (b) All tables, lounges and chairs used in the treatment of patrons must be covered with a fresh, sanitary, disposable liner or cover, or with a cloth sheet or cover which has not previously been used for a different patron since laundering; -4- • 9-7-8 • • (c) Towels, robes, bandages, pads, or other articles which come into contact with any part of the patron's body must be laundered, or cleaned and ste ril jzed after each use, and before being again used for a different patr n; (d) All articles listed in paragraph (c) must be stored prior to use in a sanitary, dustproof bin, basket or receptacle; (e) Each treatment room must be equipped with con- venient hand washing facilities with hot and cold running water; (f) Operators, apprentice operators, and instructors must at all times be free from communicable disease and infections. EXEMPTIONS The following classes of persons and establi sh ments are exempted from the requirements of this Article: (a) Persons licensed by the laws of this state to practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction. (b) Hospitals and all persons employed by in- stitutions and establishments licensed by the State of Colorado as hospitals while performing their usual duties within the hospital or institution so licensed. (c) Registered or licensed nurses performing these services in their usual nursing duties. (d) Beauticians and barbers duly licensed under the laws of the State of Colorado, insofar as their usual and ordinary vocation and profession, as defined by the laws of the state, are concerned. (e) Public and parochial school~ and persons employed by them while instructing or training students regularly enrolled in such schools with school facilities. -5- 9-7-9 9-7-1 0 9 -7-11 9 -7 -12 HOURS OF OPERATION DULY LICENSED HEALTH THERAPY ESTABLISHMENTS SHALL NOT BE OPEN FOR BUSINESS SOONER THAN 7:00 O'CLOCK A.M., OR REMAIN OPEN FOR BUSINESS PAST 10:30 O'CLOCK P.M. ON ANY DAY OF OPERATION. ANNUAL INSPECTION THE CITY LICENSE OFFICER SHALL, NO SOONER THAN ONCE ANNUALLY, CAUSE A PHYSICAL INSPECTION OF THE LICENSED PREMISES TO INSURE COMPLIANCE OF THE PROVISIONS OF THIS ARTICLE. LICENSE NOT TRANSFERABLE NO LICENSE ISSUED HEREUNDER MAY BE TRANSFERRED FROM ONE PERSON TO ANOTHER, ONE FIRM TO ANOTHER, OR ONE CORP RATION TO ANOTHER, OR TRANSFERRED FROM ONE PLACE TO ANOTHER, WITHOUT THE EXPRESS WRITTEN CON- SENT OF THE LICENSE OFFICER, AND NO SUCH TRANSFER SHALL BE AUTHORIZED IN DEROGATION OF THE PROVISIONS OF THIS ARTICLE. GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE THE LICENSE OFFICER SHALL UPON SEVEN (7) DAYS WRITTEN NOTICE TO A LICENSEE, STATING THE CON- TEMPLATED ACTION, AND IN GENERAL THE GROUNDS THEREFOR, AND UPON A REASONABLE OPPORTUNITY TO BE HEARD, REVOKE OR SUSPEND ANY LICENSE ISSUED BY THE CITY OF ENGLEWOOD IF IT IS FOUND THAT: (a) THE LICENSEE HAS FAILED TO PAY THE ANNUAL LICENSE FEE. (b) LICENSEE, EITHER KNOWINGLY OR WITHOUT THE EXERCISE OF DUE CARE TO PREVENT THE SAME, HAS VIOLATED OR HAS PERMITTED THE VIOLATION OF ANY TERMS OF THIS ORDINANCE, OR ANY OF THE PROVISIONS PERTAINING TO HIS LICENSE. (c) ANY FACT OR CONDITION WHICH, IF IT HAD EXISTED OR HAD BEEN KNOWN TO EXIST AT THE TIME OF THE APPLICATION FOR SUCH LICENSE, WOULD HAVE WARRANTED THE LICENSE OFFICER IN REFUSING ORIGINALLY TO ISSUE SUCH LICENSE. -6- .. • 9-7-13 • • (d) THE LICENSEE HAS MADE ANY FALSE REP- RE ENTATION OR STATEMENT TO THE LICENSE OFFICER FOR THE PURPOSE OF OBTAINING OR INDUCING ANY ACTION BY THE LICENSE OFFICER IN PROCURING OR MAINTAINING A VALID LICENSE. (e) THE LICENSEE IS INCOMPETENT OR PHYSICALLY UNABLE TO CARRY ON THE MANAGEMENT OF A HEALTH SERVICES ESTABLISHMENT OR THE PRACTICE OF MASSAGE. (f) THE LIC~NSEE HAS MISREPRESENTED TO ANY PATRON ANY SERV1GFS RENDERED. (g) THE LICENSEE IS OPERATING SAID ESTABLISHMENT IN A MANNER SUCH AS TO CONSTITUTE A NUISANCE. PROHIBITIONS (a) NO INSTRUMENT OR DEVICE DESIGNED OR USED FOR DIRECT A_PPLICATION TO THE SKIN, SHAL"L BE APPLIED DIRECTLY TO THE SKIN UNLESS SANITIZED; TH PART OF .THE BODY BEING TREATED SHALL BE COVERED WITH A CLEAN TOWEL, OR ELSE THE INSTRU- MENT SHALL BE COVERED IN A SIMILAR MANNER. (b) 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) NO LICENSED PERSON SHALL TREAT ANY INDIVIDUAL AFFLICTED WITH ANY SKIN ERUPTION OR OTHER DISEASE, UNLESS SUCH PERSON SHALL HAVE FUR- NISHED A WRITTEN CERTIFICATE FROM A PHYSICIAN 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 A PROFESSION REQUIRING THE USE OF RADIATION EQUIPMENT. NO HEALTH THERAPY ESTABLISHMENT MAY CONTAIN AN X-RAY, FLUOROSCOPE, OR SIMILAR EQUIPMENT, UNLESS THIS EQUIPMENT IS OPERATED ONLY BY PERSONS PROPERLY LICENSED TO PRACTICE A PROFESSION -7- • • • • 9-7-14 9-7-15 9-7-16 REQUIRING THE USE OF SUCH EQUIPMENT. (e) NO LICENSEE SHALL ADMINISTER OXYGEN. NO LICENSEE SHALL ENGAGE IN ANY ACTIVITY \HI CH FALLS WITHIN THE REALM OF MEDICAL PRAC TICE OR NURSING CARE. DISEASE CONTROL NO HEALTH THERAPY OPERATOR SHALL EMPLOY OR PERMIT ANY PER SON TO WORK WHO IS INFECTED WITH ANY DISEASE IN A COMMUNICABLE FORM, OR WHO HAS OPEN LESI ONS OR SORES. MISCELLANEOUS NO MASSAGES SHALL BE ADMINISTERED TO ANY PATRON OR CLIENT OF SAID HEALTH THERAPY ESTAB LISHMENT IN PRIVATE AREAS OF SAID ESTABLISHMENT, NOR SHALL ANY ROOM USED IN THE CONDUCT OF HEALTH THERAPY BE USED FOR DOMESTIC PURPOSES . FEES THE FOLLOWING SCHE DULE OF FEES SHALL APPLY: (a) INITIA L APPLICATION FEE FOR A HEALTH THERAPY ESTABLISHMENT ........ $50.00 (b) INITIAL APPLICATION FEE FOR ANY INDIVIDUAL LICENSEE ............... $25.00 (c) HEALTH THERAPY ESTABLISHMENT .......... $50.00/year (d) MASSEURS AN D MASSEUSES ................ $25.00/year (e) ALL OTHER EMPLOYEES ................... $10.00/year Intro duced, read in full and passed on first rea ding on the 20 th day of January, 1975. Published as a Bill for an Ordinance on the 23rd day of Ja nu ary, 1975 . -8- • • • • Read by title and passed on final reading on the 3rd day of February, 1975. Published by title as Ordinance No. S" Series of 1975, on the 6t h day of February, 1975. ATTEST: ~~1'klG ~ ex offici o Ci~Clerk -Treasurer , I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and pub - lished by title as Ordinance No. ~ , Series of 1975 . ex officio City Clerk-Treasurer -9-