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HomeMy WebLinkAbout1991 Ordinance No. 046BY AUTHORITY ORDINANCE NO. t/{., SERIES OF 1991 COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER VAN DYKE AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE OF 1985 TO ESTABLISH STRINGENT REQUIRE- MENTS FOR THE OPERATION OF MASSAGE THERAPY CLINICS AND THE REGULATION OF THE PROFESSION IN ENGLEWOOD. WHEREAS, it is necessary to regulate massage therapy; and WHEREAS, it is necessary to estaHish regulations to protect the citizens of Englewood; and WHEREAS, massage t-herapists are health care professionals who treat a wide variety ofpetie11 •~. including infants, pregnant women , the elderly and hospice patients W\,11 soft tissue manipulation for the treatment of injury, sports-related muscular discomfort end stress reduction, end require regulation; and WHEREAS, the existing code does not provide for sufficient regulation of the operation of massage therapy clinics and treatment by message therapists; NOW, THEREFORE, BE IT ORlJAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COL ORADO, AS FOLLOWS : That Title 5, Cha pter 5 is h ereby amended to r ead as follows : SECTIO N: 5.5. 1: 5.5. 2: 5.5 . 3: 5.5. 4: 5.5. 5: 5.5. 6: 5.5. 7: 5.5 . 8: 5.5. 9: 5-5-10: CHAPTERS MASSAGEPARWRTHERAPYCODE Implementation of State Massage Parlor Code Definitions Massage -Pflfl<H' THERAPY Lice n se Required Massage -Pafl&P THERAPY Employee Permi t Requ ired Massage Pe-,,Jop THERAPY License Ap plication Requirem ents for Lic ense or Permit Term a nd Renewal of Li ce nses a nd Permits License Fees Sus pen sio n an d Rev oca ti on of Lice n se an d Permit Display of Lic ense and Permit -1 · 10 e 5-5-11 : 5-5-12: 5-5-13: 5-5-14: 5-5-15: 5-5-16 : 5-5-17: 5-5-1: A. B. 5-5-2: Massage -12aflo, THERAPY Business and Oc cupation License Tax Employment Regulations Illegal Activities on Premises Prohibited Acts or Conditions Disease Control Sanitary Requirements Inspection IMPLEMENrATION OF STATE MASSAGE PARLOR CODE: The City Council hereby declares that the licensing and regulation of massage pa-t'HH'8 THERAPY 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 pa-t'HH'8 THERAPY within its jurisdiction to those provided by the Colorado General Assembly. The City Council hereby determines that enectment of this massage -p&Plep THERAPY ordinance is necessary to protect the health, safety and welfare of the people of the City. The City hereby adopts the Colorado Massage Parlor Code.1 In order to fully implement the Colorado Massage Parlor Code within the City, The City establishes additional standards for the licensing of massage Jlllfl&f'5-THERAPY CLINICS and employees thereof. (Ord. 38 Series 1981) DEFINITIONS: As used in this Chapter, the following words and terms shall have the following meanings: MASSAGE THERAPY CLINIC LICE ~E A grant to a licensee to operate a masslige -pemr ~HERAPY CLINIC . MASSAGE T: 'ERAPY CLINIC EMPLOYEE LICENSE A GRANT TO AN EMPLOYEE TO WORK FOR A MESSAGE THERAPY CLINIC . LI CE NSED PREMISES T he premises specified in an a pprove d ap plication fo r li ce nse under this Chapter which is ow ned or in the posr ~ssion of t he licensee and within which su ch licer.see is authorized to carry on the 1§~ 12-48 .5 -101 el ,se q . C R.S . 1973 . . 2. practice of massage or receive requests for the supplying of massage services. LOCAL LICENSING AUTHORITY MASSAGE The City Counci l of the City of Englewood or such designee as it shall determine by resolution. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibratinp; or stimulating of the external soft 'jMH'te TISSUE 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. MASSAGE PA&WR THERAPY CLINIC Any establishment where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities-ment.iooed under the definition of "massage " in this Section. -Message establishments shall '!let i11elude! A . Physicians, surgeons, deeters, medieal elinies er persons licensed by the laws efthe Stal>e t&-l)~;ei11e, sllpgeP)', osteopathy, ehlroproeti-lHhi-repody, their offieelHHld elmie&,&RHll-pereono werld11g ie their effiees 8ftti..el¼flies llnder their-tmpePYisien ami direetiew, B,--U'esp¼tals-and-all persons empleyed-by in6titutiens end eetablishmente lieensed by the Stete-atrho~hile perfermi11g their 1151¼8! duties-within-thc-hospitnl-or-instit-ut.ion-1;o I~ ~eg;~r-lieensed Rllrses perfarmtn1: eeFYiees-in-theH'-ll 5'iBl-emi~J ol'-in st.itu tioA-SO-licensed; Dc-----lleeutwinns-end-barbers d11ly lieensed undel'-the-leW& ef the State i11s0fer es their llBll•li nnd-oroinMy-veeetiofl-.a.nd-j}lien, es defined by-t~1c-lo ws-aJ'.-i,h~t-e,are~ . 3 . E. Message proe~ieed er instroot.ed--m-t,he ~~~~hool; eellege,-,miYer,,i-ty---or-semiflOl'YJ r', TroineP&--of-af!Y-llm &t-e lH',-6emipro~ Ol'---pr-0fosstt1fl&l--~r--aihlet.io--l.e&m;---wh-efl tr-eatiflg-i!Wet.e!r, C. Any beno ade othletie-el~ engaged in the proetiee ef renderi&g ma&Sf'ge&-t.e members sf the general p11blie fer reml!flemtieR, For the p11rposee ef this Chopt.er, if on othletie el11b deee net reeei,,,•e mere thafl I.en pereent (10%) sf its gross ineeme frem the praetiee ef rendering maseoges to its members, s11eh shell be prime foe~ that the el11b is o beno 6de-athletie elue, PREMISES A distinct and definite location which may include a building, a part of a building, a room or any other definite area contiguous thereto. (Ord. 38 Series 1981) 5-5 -3: MASSAGE PARLQR THERAPY LICENSE REQUIRED: A . No massage -pol'leF THERAPY CLINIC shall do business without having first obtained a license under this Chapter and complying with all applicable laws and ordinances. B . An applicant for a massage -pol'leF THERAPY CLINIC license shall submit an application upon the forms provided by the licensing authority in compliance with Section 5-5 -5. (Ord. 38 Series 1981) 5-5-4: MASSAG:E PARLQR THERAPY EMPLOYEE PERMIT REQUIRED: A . Any pe r so n, in cluding a li ce n see who enga ges in t h e providing of mas sage se rvices to the public, shall file an a ppli cation for a mass.age ~ THERAPY e mployee permit with the Lic e nsing Officer of the City upon the forms provided by the lice n sing a uthority. B. The a pp lication for a massage pa rlo, THERAPY e m ploye e pe rmit shall contain substantially the same informati0 n as the ..1 ppl ica tion for rr.~s sage -pafloF THERAPY CLINIC lic e n se, exc e pt for th e na mes and adri•e s s of the owners of the re a l e state and any leases or co ntra ct s co nce rning the rea l es t.a t e. (Ord. 38 Series 198 1) -4 . 5•5•5-: MASSAGE PARWR THERAPY LICENSE APPLICATION: An applicant for a massage -J}&l'i&I' THERAPY CLINIC license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate appli ca nt, or any stockholder holding more th an te n percent (10 %) of the stock of a corporate applicant, or any other pe rson who is interested directly in the ownership or operation of the business or who provides a ma saage, shall furnish the following information under oa th : A . Name and addre ss , in clu ding all aliases . B. Written proof satislact0ry to the licen sing authority t hat the individual is at least tw enty one (21) years of age. C. Name and address of spouse, if any, and such further information about said spouse as may be required by the licensi ng authority. D. All residential addresses for the past three (3) years . E. The business , occupation or employment of the applicant for three (3) years immediately preceding the date of the application . F . The applicant's height, weight, color of eyes and hair. G. The massage 1)!lfl6t' THERAPY CLINIC or similar business license history of t he applicant; whether such person, in previously operating in this or any other city or state un der license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subject to such action of suspension or revocation . H. All criminal or City ordinance violation convictions, forfeiture of bond and pleadings of nolo comend ere on all charges , except minor traffic violations. I. Fingerprints and photograph of the a ppli ca nt. J. Th e exact nature of the massage-J}&l'lo , THERAPY to be conducted an d the proposed pl3ce of business and faci lities th ereto. K. The names and ad dre sses of all persons holding any beneficial interest in the rea l estate upon whic h such ma ssage -parlor THERAP Y is lo be operated, includ ing but not limi ted to, contract purchasers or sell ers, beneficia ri es of land trust or lessees su bl etting to applican t. -5 . L . If the premises are lea s~d or being purchased under cn ntract, a copy vf s uch lease or contract shall acco mpany the application. M. A statement by the a ppli can t that i,e or she has r ea d and is familiar with the provi sio n s of thi s Chapter and is in compliance with them . N. Such other a nd fu r ther information as determined necessary to carry out th~ provi si ons of this Chapter. (Ord. 38 Series .\981) 5-5-6: REQUIREM ENTS FOR LICENSE OR PERMIT: Every applicant for massage '_HfttlP THERAPY lic ense or massage p~ THERAPY employee permit shall me e t the following the following requireme nts: A . Applicant must have attained the age of twenty one (21) years. B. Applicant must be of good moral character an<I record . C . Applicant must not have been co nvicted of a r.y felony or misdemeanor involving moral t urpitude (other than minor traffic violations) within the pa st five (5; years unless applicant is in fa ct a person of good moral character a t the time of tha application. D. Applicant must nr,t have hacl a license which regulates a lcoholic liquor or massage establishment revoked or s uspended by a governing authority within the past five (5) years . E. Applicant shall h11ve graduated from an accredited schoo l of massage offering ·1 cou rse of at least one thousand (1,000) clock hours, plus AN additio!\AL six hundred (60 0) clinical hours in a m assage f)&floF THERAPY CLINIC or similar establi shment~ ~ed evldenee ef llavleg serYed-an-awreetleeshlp-ef twe (2) years under direct supervlsi_ "-OHl ➔ieeese-mall5CWY»' mfl56Cl¼SC--m--ll-fflassage--pa,46Htt"--filfflilGf'--esiahlishment;-saell apprefl¼ieeship-io-ha,;e ieeluded-a-minimum-of.fiYe-hun~ elee!.-heuffl-6idaetie traieieg in-anal~"YJ-physielogy,etmes-and pr-efessienal-reletiern;l,ips.pluttWe-theusand~l-inieal-heurs--0 !}f'Betiea~rienee. F. The operation, a s propose d by th e app li cant, if pe rmitted , com pli es with all applicable laws . (Ord. 38 Series 198 1) 5-5-7: TERMS AND RENEW AL OF LICENSE S AND PERMITS : A . Every ma ssage -pn-Fl er THERAPY CL INI C li cense and every ma ssage pa rl or THERAPY employee perm it sh all termin a te at -6 - I expiration of one ye ar from the dole of its issuance unless sooner revoked . 8 . Every massage 1H1-r~or THERAPY CLINIC licensee and every massage -pat'1or THERAPY employee pe rmillee shall make application for renewal of their license or permit, as the case may be , a t least forty fiv e (45) days be fore ex piration. In any case in which the licensee or permittee has m a de a timely and sufficient application for renewal, the existing license shall not expire until such application has been acted upon by lhe licensing authority. (Ord. 38 Series 1981) C. APPROPRIATE HEARING MAY BE CALLED BY THE CITY COUNCIL TO ENFORCE AND I IPLEMENT THE PROVISIONS OF THIS CODE . 5-5-8: LICENSE FEES: The following fees shall be paid to the City: A. APPLICATION FEES: Initial application fee for massage 1'ftl'WF THERAPY license $3mOO 100.00 Initial application fee fo r massage ~ THERAPY employee permit $100.00 B. ANNUAL LICENSING FEES: Annual fee for massage -p&l'l&l' THERAPY license AND ONE EMPLOYF.E 150.00 Annual fee for massag~ pai'l6t'-ell~ THERAPIST permit 50 .00 AU ether employees 26 .00 (Ord. 38 Series 1981) C. BOND REQUIRED: WITH THE APPLICATION, THE APPLICANT SHALL POST A $2,500 .00 CASH BOND. THE CASH BOND SHALL BE HELD FOR ONE YEAR, AND IF ALL PROVISIONS OF THE MASSAGE THERAPY CODE ARE COMPLIED WITH, THEN THE CA SH BOND SHALL BE RETURNED. IF NOT COMPLIED WITH, AS DETERMINED BY THE LICENSING AUTHORITY, TI-IE LICENSE SHALL AUTOMATICALLY TERMINATE THE BOND HELD. THE CASH BOND SHALL BE RETURNED WITH INTEREST AT A REA SONABLE RATE NOT TO EXCEED THE RATE PAID FOR PASSBOOK SAVI NGS BY E NGLEWOOD BANKS . -7 - 5-5-9: SUSPENSION AND REVOCATION OF LICENSE AND PERMrf: A. Any license or permit issued for a m assage -pal'ttlP THERAPY CLINIC or m assage poFloP THERAPY employee may be revok ed or suspended by the lic e n sing auth ority upon a finding that tho licen see or pennitt.ee h as vio lated any one of the following: 1. Th at the ma ssage -paFleP THERAPY CLINIC or a massage pa-Flo" THERAPY employ ee has op erated in a m a nner such as to constitut.e a nuisance. Authority is given to the li censing authority to determine the question of what activity nstitutcs a nuisance in the ope r a tion of a massage -paFlo.. THERAPY CLINIC . 2. An offense consisting of a felony ur mi sdemeanor involving moral turpitude has been committed by the massage -peFIOf THERAPY CLINIC li ce n see or massage panol'-empleyee THERAPIST WHILE THE EMPLOYEE IS WITHIN THE SCOPE OF HIS E MPLOYMENT. 3. That a massage -pa-Flo" THERAPY licen see or massage~ THERAPY employee has knowingly furnished false or mi sleading information or withheld r elevant information on any application for any li ce nse or permit required by this Ch a pte r or knowi ngly caused or suffered another to furnish or withhold such informa tion on his or her beha lf. 4. That a massage -paFIOF THERAPY lic en see or massage-pa1-l,,~ THERA PY empl oyee h as, either knowingly or without t he exercise of du e care to prevent the same, violated or h &a permitted the violation of a ny terms of this Cha pter or State law concerning massage -paF!oF THERAPY. B. A massage -pa-FleP THERAPY CL INIC licensee shall b e responsible for the a cts of employe es, age nts and servan ts WHILE IN THE SCOPE OF THEIR EMPLOYMENT. C. 1. SUSPENSION. Lice n si ng authority , before revok ing or suspending any license , s hall give massage 1)fil4eF THERAPY CLINIC licensee or ma s sage -p&FIOF THERAPY employee at least seve n (7 ) days ' written noti ce of the cha rges aga in st him or her a nd the oppo rtunity for a public heari ng before the licen sin g authority, at whi ch tim e the li censee or permitt.ee m ay present evidence bearin g upon th e questi on . (Ord . 38 Se ri es 198 1) . 8- 2. TEMPORARY -SUMMARY SUSPENS ION . {a) WHERE THE LICENSING AUTHORITY HAS REASONAB LE GROUNDS TO nELIEVE AND FINDS THAT A LICE NSEE HAS BEEN GUILTY OF A DELIBERATE AND WILLFUL VIOLATION OF ANY APl'LICABLE LAW, ORDINANCE, OR REGULATION OR THAT THE PUBLIC HEALTH, SAFETY OR WELFARE IMPERATIVELY REQUIRES EMERGENCY ACTION AND INCORPORATES SUCH FINDINGS IN ITS ORDER, IT MAY TEMPORARILY OR SUMMARILY SUSPEND THE LICENSE PENDING PROCEEDINGS FOR SUSPENSION OR REVOC' i\TION WHICH SHALL BE PROMPTLY INSTITUTED AND DETERMINE D. (b) THE TEhll'ORARY SUSPENSION OF A LICENSE WITHOUT NOTICE PENDING ANY PROSECUTION OR PUBLISH HEARING SHALL BE FOR A PERIOD NOT TO EXCEED FIFTEEN (15) DAYS . 5-5-10 : ,.,SPUY OF LICENSE OR PERMIT: A . Every licensee shall display a valid license in a conspicuous pl ace within the massage~ THERAPY establishment so that the same may be readily see n by persons entering the premises. B. All person r equired under this Ch a pter to obtain a massage-pai'ttlf' THERAPY LICENSE emj)¼eyee-peFIDK,--p tm11a nt te this Chaptet>; must disrlay on request, during the hours of operation of said business, a n identification card provided by t he Ci ty containing the legal name and date of birth of the employee and a dress of the em ployee along with other information sufficient to identify the em ployee . (Ord . 38 Se ries 1981 ) 5-5-11: 1,JESSAGE--PARl,OR-BYSIJ\~GN- blGENSE--T-AXi A-. --..!I'h~f,y-Gotmcil-her~oy---fioos,ind--d e te , ,,,ines--1.hat--the-nat..re-Of--t-he busi+1ess-of-<ipe!'ll l-ing---i1--mess-age--p a rloF--Within-the--C-it,y----lim-il.s---is--sueh oo---te---pfCSefli--speeial;,roblems--with-;·el at.ions--to--heelth,wel-lare-and safet,y--0f--the-eili'lefl~1e--Gil,y,thus--requir-ing--the-ele ssifieet,ion-of sueh--busin ess,i;;-a-sepor-e!e--oee uJ}el-ion--{lnd-for--t,he--imposi4,ioo-oHHI r-e-esonable,----propei',llflifonn--e nd-nondisenmineter~onel lieenso--tG1<--so-o&-t,o--prs id o--fo,'--O --proµ<,r--e nd-ju sklist-Fibution--o('..the--'aJ< bur-0 en-within-l~1e--Git'r, -9 - ~here--is--!,ereby---levied--aoo--assessed-an-oecupational-li cense--ta>H>f twent,y-five--o-hun<l r-ed--dollor-s-{$a;6()0,00-)-upon-a--bu s iness-oH1pemting a-massoge--pol'!al'-in---th e-G ity,-Eaeh-loeation-sholl-be--eonsider-ed--a sepaFaUl--business-fo!'--the-pu"l)Osea-of-imposin g----t,he-oeeu-pationol lieense-t.&!E, G-,------Any--massoge-pafloH'N!Uir-ed--te-be--lieensed-by-l,hi5-Choptei,-sholl remit4he-heremabove--amou111r-befor-e-eommeneing-bu ,:,.~a!r.--Sueh lieense--shall be ,•alid-fo,..,...ri,,:'sd-ef-ene-yea!Lf-r-om-l-he-d~l¾of ~ D. E. The oeelip&~l---1-ieense-truHmposed-by--t-hffi..Ghai-l'-Shall----be-paid---t,e the DiFeetor ~- All massage pOFIOFO shal'. i,nt.-the-trui-r-eeeipt :,.,, ~,mspie~ ~ge-pal'lorc-(@~-Seaes---1-lt!' '.-} 5-5-1211 : EMPLOYMENI' REGULATIONS: A . Employees W !', .,"1t Permits. i ' J hall be the responsibility of the licens ee of a r,assage i'llfl&P THERAPY ESTABLISHMENT or the em ployer of Bnj perso ns purporting to engage in the providing of massage services to the public in connection with a massage-pBf'let, THERAPY establishment to ensure that ALL s11eh person MASSAGE THERAPISTS WORKJNG IN THE ESTABLISHMENT shall first have obtained a valid massage i'llflo-r-THERAPY employee permit pursuant to this Chapter. B. Age Limitations, Offenders. No person shall be employed by AS a massage ~ THERAPIST unless such person shall have attained the age of tw e nty one (21) years a nd shall not have been found guilty in any court of this or any other state or municipality of any offense involving prostitution, so liciting, procuring, pandering, pornography, meretricious di s play, assignation, unlawful cohabitation, lewc! acts, indecent ac ts or any other offe n se involving moral turpitude within five (5) yea r s n e xt prior lo such e mployment. C. MASS AGE THERAPY CLINIC .Parlor to Submit Names of Employees. An y person ope rating or m a n aging a massage .p!H'l&l' THERAPY CLINIC shall s ubmit the names of a ll person s c.nployed or to be employed by sa id establishment to the-GhieHlf'..Poliee DIRE CTOR OF SAFETY SERVICES. !fit is determined by the Ghi ef of-Po li ce DIRECTOR C F SAFETY SERVICES that any of sa id em pl oyees do n ot meet the requireme nts se t forth in t hi s Ch apter, then said establi hment shall, immedi a tely , upo n being n otified by the GhieH1f'...Poli "" DIRE C'T OR OF SAFETY SERVICES, termin ate the empl0)7nent of said pv son or person s. No massage parlor -1 0- I THERAPY CLINIC shall employ any person to administer a massage unless said person has fir st obtained a permit purs uant to Section 5-5-4. (O rd . 38 Series 198 I) 5-5 -!a l2: II.LEGAL ACTMTIES ON PREMISES: No licensee or any officer, associate, member , re prese ntative, age nt or "mployee of su ch li ce nsee sha ll engage in any activity or co ndu ct or permit any other person to enga ge in any activity or co nduct in or about the license d premises which is prohibited by ordinance of the City OR ANY OTHER CITY or law of the State of Co lorado or t he United States. (Ord. 38 Series 1981) 5-5 -1413: PROHIBITED ACTS OR CONDffIONS: A . No instrument or devi ce designed or us ed for direct a pplication 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 instrum ent s hall be covered in a si milar ma nner. B. No sponge, stick, alum or other article liable to convey infection, shall be used to make a~~lication direc tly to an abrasion of the skin or to any cut or wound. C . No licensee shall treat;iny-irulwidual-amieted-wtth any skin eruption or ,,thcr disease unless such person shall have furnished a written r.e,t;fi r.ate 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 lic e;,see may operate an X-ray, fluoros co pe or similar e quipment, or a radioactive material, for any purpose unl ess already licensed by the State of Co lorado to practice s uch a profession requiring the use of radiation equipment. No m assage ,pa,'l-0, THERAPY may contain an X -rP.y. fluoros cope, or similar equipment unless this equipment is op ~rs.1,~d only by persons proverly licen sed to practice a profession requiring use of suc h equi pm ent. E. No li censee s ha ll ad minister oxygen. No li censee sha ll engage in a ny ac ti vity which fa ll s within the rea lm of-medieal-pFOetiee THE P RAC T ICE OF MEDIC INE or n ursing ca re UNLESS SUPERVISED BY A LICENSED HEALTH CARE PROVIDER. (Ord . 38 Series 19 8 1) 5-5-1614 : DISEASE CONTROL: No massage -parlor THERAPY operator sh all employ or permit any person to work who is infected with any disease in a communicable fo rm or who has open lesion s or sores. (O rd . 38 Se,ies 1981) -11 - 5-5-1615 : SANITARY REQUIREMENTS: It shall be unlawful for any massage pll-f'lo, THERAPY CLINIC or employee to fail to meet lhe following sa ni tary health standards: A . All s urfaces of fl oors, walls, cei lin gs and equipment musl be smoolh and painted or cn 'l slruct ed wilh surface material lhat is eas ily cleaned . B. All tahles.-louRg<>!>rl!h&i~m-rooni&;-Jl lffiOHOI,~~ devi c,, -lfri hrL.,. EQUIPMENT which may comij iu contact with any i•••'rn·. s'.· 'l be co ver ed wilh a fresh, sanitary di s posal liner or cover, o: .. ;, '1 ., cloth ~h eel or cove r which has not be e n previo usly t•s e d for ., .;:1 !',!r e·1t patron since laundering. C. All towel s , robes , bandages, pads or ~lher articles which come into contact wi t h any part of a patron's body must be laundered, cleaned and sterilized after each use and be fore being u s d again for a different palron . D. ~tie A C abeve-mustree-ilte~ ~iR eP reeept.eele,-ALL USED LINEN SHALL BE STORED IN AN APPROPRIATE CONTAINER AFTER USE THEREOF. E. Eaeh treatmeRt ream shell be eq1tipped with iRdi¥iduel hBMWft5hing-lay~ki-PuRning -..•at.er. F. Eeeh establtshmentrsha~es-where patrons ef ~eom mo<la-te4-separotely, G . All est.eblishments-sha~ar-ate--shewe-r-faeilities fer patr-oos ef eaeh seJ1 . HE . All employees and pe rsons rendering any massage s hall wear clean; waiihabl~t>ms CLOTHI NG. ~blishment-sh all-hB-Y <Hln-op prevcd-fi-r.st,.-a id--kit-awilable-fe, - J--c---.Al-1--u sed-J.inen-shell-be-s!ered--iR--Bfl-OPJ'lrevetto RtoineF--Bt\e,,-use ther~8-SeFies-l-9&H 5-5-1-716: INSPECTION: The C ily shall , fr om lime lo lime ond-alr-leestr twire-o-y~P; make an in s pec ti on of each massage -perlo• THEh.\ 'Y ESTABLISHMENT OR LI NI C granted a li ce n se und er lhe provi si of thi s Chapter for the p urposes of d etermini ng lhal lhc provisi0,., of this Chapt e r arc complied with . It shall be unlawful for any -1 2- I licP.nsee lo fail to allow such inspec tion officer access lo the premises or lo hinder s uch officer in a ny mann e r . (Ord. 38 Seri es 1981) 5: \7 EXEMPTIONS: THIS SECTION SHALL NOT APPLY TO THE FOLLOWING OPERATIONS. A. P HYSICIANS , SURGEONS, DOCTORS, MEDICAL CLINICS OR PERSONS LI CE NSED BY THE LAWS OF THE 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 LMPLOYED BY INSTITUTION AND ESTABLISHMENTS LICENSED BY THE STATE AS HOSPITALS WHILE PERFORMING THEIR USUAL DUTIES WITHIN THE HOSPITAL OR INSTITUTION SO LICENSED; C . REGISTERED OR LICENSED NURSES PERFORMING SERVICES IN THEIR USUAL DUTIES WITHIN THE HOSPITAL OR INSTITUTION SO LICENSED; D. BEAUTICIANS AND BARBERS DULY LICENSED UNDER THE LAWS OF THE STATE INSOFAR AS THEIR USUAL AND ORDINARY VOCATION AND PROFESSION, AS DEFINED BY THE LAWS OF THE STATE, ARE CONCERNED; E . MASSAGE 'PRACTICED OR INSTRUCTED IN THE ATHLETIC DEPARTMENT OF ANY STATE ACCREDITED SCHOOL, COLLEGE, UNIVERSITY OR SEMINARY; F. ANY BONA FIDE ATHLETIC CLUB WHICH IS NOT ENGAGED IN THE PRACTICE OF RENDERING MASSAGES TO MEMBERS OF THE GENERAL PUBLIC FOR REMUNERATION. FOR THE PURPOSES OF THIS CHAPTER, IF ANY ATHLETIC CLUB DOES NOT RECEIVE MORE THAN TEN PERCENT (10 %) OF ITS GROSS INCOME FROM 'I HE PRACTICE OF RENDERING MASSAGES TO ITS MEMBERS, SUCH SHALL BE PRIMA FACIE EVIDENCE THA T THE C LUB IS A BONA F IDE ATHLETIC CLU B. Int r oduce d , re a d in full, a mended and passed as amended on fir st reading on the !s t day of J uly, 199 1. Publish ed as a Bill fo r a n Ordin a n ce on the 4th day of July, 1991. Read by t,tl e a nd passed on final reading on th e 15th day of July, 19 9 1. -1 3 - Published by title as Ordinance No ._•/(,:, , Series of 199 1, on the 18th day of July, 1991. J ~ ,,,.,_L_,_{i, 7 Susan Van Dyk e, M~por A'ITEST: 1//tt<e,,-~<-~ {,(HA - Patricia H. Crow , City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Co!Mado, hereby certify that the above and foregoing is a true copy of t he i)rdinance passed on final reading and pu !.,H '.1a d by title as Ordinance N ... ..!L../a_, series of 1991. ~(~dl!L«, Patricia H . Crow -1 4 - I