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HomeMy WebLinkAbout1960 Ordinance No. 008Introduced as a Bill by Councilman Martin BY AUTHORITY ORDINANCE NO. 8, SERIES OF 1960 AN ORDINANCE DEFINING HEALTH THERAPY, HEALTH THERAPY SCHOOLS, HEALTH THERAPY INSTRUCTOR, HEALTH THERAPY ESTABLISHMENTS, HEALTH THERAPY OPERATORS, APPRENTICE HEALTH THERAPY OPERATORS; PROVIDING FOR THE LICENSING OF SUCH ESTABLISHMENTS AND PERSONS; REGULATING THE OPERATION OF SUCH ESTABLISHMENTS; AND FIXING REQUIREMENTS FOR OWNERS ANU/UK MA~AuERS, HEALTH THERAPY OPERATORS AND APPRENTICE HEALTH THERAPY OPERATORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. DEFINITIONS --The following words and terms shall have the following meanings when used in this ordinance: (a) HEALTH THERAPY --"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 exercises or gymnastics; electric or mechanical therapy; slenderizing; reducing, building up, or rhythmic or vibrating tables or apparatus; bot packs; cabinet, shower, sitz, or similar baths; and the use of ultraviolet and infrared lamps. (b) HEALTH THERAPY SCHOOL --"Health therapy school" is an establish- ment wherein any or all of the subjects or methods defined in Section l (a) above are taught for a tuition fee, or for the purpose of qualifying the student or apprentice to act as a health therapy operator in a health therapy establishment. (c) HEALTH THERAPY INSTRUCTOR --"Health therapy instructor" shall be deemed to mean any person who taches, instructs, or trains any other person or persons in any of the methods, treatments, or subjects enumerated in Section l(a) above, for a fee or for the purpose of qualifyin1 them to be licensed as a health therapy operator. (d) HEALTH THERAPY ESTABLISHMENT --"Health therapy establishment" is any shop, gymnasium, establiahment, or place of business, including Russian, Turkish, or Swedish rooms, wherein all or any one or more of the subjects enumerated in Section l (a) above are practiced or administered for a fee or gratuity. (e) HEALTH THERAPY OPERATOR --"Health therapy operator" shall be deemed to be any person who practices all or any one or more of the subjects or methods enumerated in Section l (a) above, for a fee or in a heal th therapy establ.ishment. (f) HEALTH THERAPY APPRENTICE --"Health therapy apprentice" shall include any person who is receiving instruction or training in a health therapy school. Section 2. LICENSE REQUIRED -- (a) HEALTH THERAPY ESTABLISHMENTS AND HEALTH THERAPY SCHOOLS TO BE LICENSED. --It shall be unlawful for any person or persons to operate, manage or conduct a health therapy establishment or a health therapy school without first having secured a license issued pursuant to the provisions of this ordi- nance. (b) HEALTH THERAPY INSTRUCTORS TO BE LICENSED. --It shall be unlawful for any person or persons to teach, train or instruct other persons in health therapy for a fee or gratuity, or for the purpose of qualifying them to be licensed as health therapy operators without first having secured a license issued pursuant to the provisions of this ordinance. (c) HEALTH THERAPY OPERATORS AND HEALTH THERAPY APPRENTICE OPERATORS TO BE LICENSED. --It shall be unlawful for any person or persons to engage in the practice of, or to attempt to practice health therapy, or to be or act as an apprentice health therapy operator for a fee or gratuity without first having secured a license issued pursuant to the provisions of this ordinance. (d) LICENSE TO BE DISPLAYED. --It shall be unlawful for any person or persons to operate a health therapy establishment, or to operate a health therapy school, or to practice or administer health therapy, or to teach, instruct, or train other persons in health therapy, at any time when all the required licenses are not prominently displayed near the principal entrance of the establishment, or within the room wherein health therapy is being practiced, taught or administered. 271 (e) SCHEDULE OF FEES. --Prior to the iaauance of any license required under the provisions of this ordinance, the applicant must have paid to the City Clerk the license fees in accordance with tbe following schedule: For a health therapy establishment license For a health therapy school license For a bealtb ~therapy operator license . For an apprentice health therapy operator license For a health therapy instructor license $5.00 5.00 2.00 1.00 3.00 Section 3. REQUIREMENTS FOR LICENSING --Applicants for licensing under the provisions of this ordinance must present satisfactory evidence that they possess all the qualifications as listed below. Failure to comply witb any provision of this section shall be valid reason for the licensing autbority to refuse to grant the license applied for. (a) HEALTH THERAPY ESTABLISHMENT. --Applicants for a license to operate, conduct or manage a health therapy establishment shall have attained the age of 21 1ears and shall not have been found 1uilty in any court of this or any other state or municipality or any offense involving prostitution, soliciting, procuring, pandering, pornography, meretricious display, assigna- tion, unlawful cohabitation, lewd acts, indecent acts, or any offense involv- ing moral turpitude. (b) HEALTH THERAPY SCHOOL. --In addition to all the requirements listed in Section 3 (a) above, applicants for licenses to operate, conduct or manage a health therapy school shall furnish evidence that there will be employed in such schools at all times one or more persons licensed as health therapy instructors. It shall be unlawful to operate, conduct or manage a health therapy school without there being present and in active charge and supervision of all training and instructions a person currently licensed as a health therapy instructor under the provision• of this ordinance. (c) HEALTH THERAPY INSTRUCTOR. --In addition to all the requirements listed in Section 3 (a) above, applicants for a license as a health therapy instructor shall furnish evidence of graduation from an accredited school of physical therapy, evidence of graduation from an accredited institution of higher learning with a degree in physical education, or display a currently valid license granted by the State of Colorado to practice medicine, surgery, chiropractic, osteopathy, chiropody, or nurs :·ing; and shall furnish a health certificate from a licensed physician or surgeon that be bas examined the applicant within the ten days just prior to date of application, that such examination included the results of a Wasserman test, and that the applicant as found to be in good health and free from communicable disease. (d) HEALTH THERAPY OPERATOR. --In addition to all the requirements listed in Section 3 (a) above, and the health certificate required by Section 3 (c) above, applicants for a licenae as a health therapy operator shall comply with one or more 01 ~ne xollowin1 requirements: (l) Furnish evidence of graduation from an accredited school of physical therapy, or (2) Furnish evidence of graduation from an accredited school of higher learning with a degree with a principal aajor in physical education, or (3) Furnish a properly attested and executed affidavits satisfactory proof that the applicant bas had at least two years experience as an operator in a physical therapy or a health therapy establishment under the tutelage, supervision, and direction of a physical therapist or health therapist who is licensed by this or some other atate to practice physical therapy, or health therapy, or who is licensed by this or some other state to practice medicine, surgery, osteopathy, chtropractic, chtropody, or nursing. (e) HEALTH THERAPY APPRENTICE. --Applicants for a license as a health therapy apprentice shall comply with all the requirements listed in Section 3 (d) for health therapy operators except requirements pertaining to training, education, or experience. Section 4. EXEMPTIONS FROM LICENSING RBQUIRBllBNTS --The following classes of persons and establishments are exempted from the licensing require- ments of this ordinance: (a) PHYSICIANS, SURGEONS, DOCTORS, MEDICAL CLINICS, ETC. --Persons licensed by the laws of the State of Colorado 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. (b) HOSPITALS. --Hospitals and all persons e~ployed by institutions and establishments licensed by the State of Colorado as hospitals while performing their usual duties within the hospital or institution so licensed. I I I (c) NURSES. --Regtstered or licensed nurses performing these services in their usual nursing duties. (d} BEAUTICIANS AND BARBERS. --Beauticians and barbers duly licensed under the laws of the State of Colorado, inaofar aa their usual and ordinary vocation and profession, as defined by tbe law• of the state, are concerned. (e} PUBLIC AND PAROCHIAL SCHOOLS. --Public and parochial schools and persons employed by them while instructing or training students regularly enrolled in such schools with school facilitiea. Section 5. APPLICATIONS FOR LICENSES --Applications for all licenses required by this ordinance shall be filed with the City Clerk on forms pro- vided by the City. All information requeated on tbe forms shall be fully and truthfully furnished, and the application shall be subscribed and sworn to before a Notary Public or other officer empowered by the laws of the state to attest such documents. All such applications aball then be forwarded to the Chief of Police, who shall make, or cauae to be made, an investigation into the character, reputation, fitness, and criainal record, if any, of the applicant. Such investigation shall include the fingerprinting of the applicant and the submission of such prints to the Federal ai~aauof Investi- gation with a request for a record check. After the completion of the fore- going investigation, the Chief of Police shall return the application to the City Clerk and submit a report containing the results of the investigation and a statement of whether or not the applicant bas fulfilled all the require- ments for licensing. When the City Clerk finds that all the requirements have been met, be shall inform the applicant that the license may be secured upon the payment of the proper fee or fees. Section 6. RENEWAL OF LICENSES --All license• granted under the pro- visions of this ordinance shall, unless auapended or revoked as herein pro- vided, be valid for a period of one year fro• date of issue, and may be re- newed by the City Clerk immediately prior to expiration upon payment of the proper fee and presentation of the health certificate described in Section 3 (c), unless the applicant bas been convicted of a charge of having violated a lsw of the state or an ordinance of the City. Section 7. REVOCATION, SUSPENSION OR RBFUSAL TO RENEW LICENSES --The City Clerk may revoke, suspend or refuse to renew the license of any person or persons licensed under the provisions of this ordinance for any of the following reasons: (a) Incompetency or malpractice (b) Knowingly advertising in a false and deceptive manner (c) Continued operation under insanitary conditions (d) Conviction in any court of a violation of an ordinance of ~~he City of Englewood, or of violation of a law of the State of Colorado. Section 8. SANITARY REQUIREMENTS --It shall be unlawful for any person or persons to operate, conduct, or manage any health therapy establishment or any health lberapy school 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. (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 aud sterilized after each use, and before being again used for a different patron. (d) All articles listed in Section 8 (c) above must be stored prior to use in a sanitary, dustproof bin, basket or receptacle. (e) Each treatment room must be equipped with convenient handwashing facilities (lavatories) with hot and cold running water. (f) Operators, apprentice operators and instructors must at .all times be free from communicable diseases and infections. Section 9. INSPECTIONS --Employees of the Tri-County Health Department may enter all parts of health therapy establishments and health therapy schools at any convenient hour whenever such places are open for business for the pur- pose of making sanitation and health inspections or examination. Section 10. PENALTY -- (a) Wherever, in any section of this ordinance, any act is prohibited 273 or declared to be unlawful, any person or persona, 1i.1·ul 01· corporation or association who shall be convicted of a violation of any such section shall, for each offense, be fined in a sum not more than $300.00 or imprisoned not more than 90 days. (b) The City may, in its discretion, proceed against any violation or violator of this ordinance by abatement, injunction or other civil action, which remedies shall be cumulative to the penalties in Section 10 (a) above. Section 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent division and such holdings shall not effect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof irrespective of the fact that any one portion or portions be declared unconstitutional. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 18th day of April, A.D. 1960, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 2nd day of May, A.D. 1960, and ordered published in full in the Englewood Herald and Enterprise. /~)._\:~ ,..,-Jli.-yor--~-------,--,- A'M'EST: ---;.--:----, ; I, B. O. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was introduced, read, passed and ordered published as a bill in the Englewood Herald and Enterprise at a regular meeting of the City Caincil held on the 18th day of April, A.D. 1960, and that at least 7 days after above publication as a bill the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a regular meeting held on the 2nd day of May, A.D. 1960, as Ordinance No. 8, Series of 1960, of said City. ATTEST: - ,. I I