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
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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.
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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
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