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HomeMy WebLinkAbout1997 Ordinance No. 011ORDINANCE NO ./! SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE REPEALING TITLE 5, CHAPTER 5, AND ENACTING A NEW TITLE 5, CHAPTER 5; AMENDING TITLE 7, CHAPTER 6D, BY ADDING A NEW SECTION 14; AMENDING TITLE 7 , CHAPTER 6E, BY ADDING A NEW SECTION 9; AND REMOVING MASSAGE THERAPY FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No. 25, series of 1996 ; and WHEREAS , the moratorium or temporary suspension included massage therapy licenses; and WHEREAS , the City of Englewood wishes to adopt requirements for a massage therapist license which recognize the health and safety issues related to this profession; and WHEREAS , the City Council hereby declares that the licensing and regulation of massage 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; and WHEREAS , it is the intention of the City Council to adopt supplementary standards for massage therapy within its jurisdiction to those provided by the Colorado General Assembly; and WHEREAS, the City Council hereby determines that enactment of this massage therapy ordinance is necessary to protect the health, safety and welfare of the people of the City; and WHEREAS , the City of Englewood wishes to focus on the professional qualifications of applicants; and WHEREAS , the City of Englewood wishes to exclude certain medically supervise d professionals from the requirements of this title ; and WHEREAS , the City of Englewood will require applicants to prove they have the necessary training accredited by the State of Colorado ; another state or through an approved equivalency program; and WHEREAS , the City of Englewood will require applicants to prove they have professional liability insurance to prote ct the public ; and -1- 10 b iv WHEREAS, persons exempted from these licensing requirements are subject to state statues and other requirements of their profession; and WHEREAS , the City of Englewood requires licensed massage therapists to display a valid license or have an identification card available for inspection so users of these services can identify and verify that massage therapy providers are licensed; and WHEREAS , the massage therapist and massage clinics must have the necessary insurance for their clients protection; and WHEREAS , certain prohibitions have been moved to Title 7, as they are more properly classified as criminal violations; and WHEREAS , the City of Englewood prohibits certain acts to protect the public; and WHEREAS , the City of Englewood has incorporated more stringent standards in the licensing of massage therapists than the State of Colorado; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado repe als Title 5 , Chapter 5 , and enacts a new Title 5, Chapter 5, entitled Massage Therapy which shall read as follows : CHAPTER5 MASSAGE THERAPY SECTION: 5-5-1: Definitions 5-5-2: License Required 5-5-3: Application for License 5-5-4 : Special Conditions and Restrictions of the License 5 -5 -1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOWING DEFINITIONS APPLY: MASSAGE: ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR STROKING, KNEADING , RUBBING , TAPPING, POUNDING, VIBRATING OR STIMULATING OF THE EXTERNAL SOFT 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, -2- MASSAGE THERAPIST: LICENSED PREMISES MASSAGE THERAPY CLINIC: OFF PREMISES MASSAGE : OINTMENTS OR OTHER SIMILAR PREPARATIONS USED IN THIS PRACTICE. A PERSON WHO HAS GRADUATED FROM A MASSAGE THERAPY SCHOOL ACCREDITED BY THE STATE EDUCATIONAL BOARD OR DIVISION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS , OR FROM A SCHOOL WITH COMPARABLE APPROVAL OR ACCREDITATION FROM ANOTHER STATE WITH TRANSCRIPTS INDICATING COMPLETION OF AT LEAST FIVE HUNDRED (500) HOURS OF TRAINING IN MASSAGE THERAPY. FOR THE PURPOSES OF THIS CHAPTER, A MASSAGE THERAPY SCHOOL MAY INCLUDE AN EQUIV ALEN CY PROGRAM APPROVED BY THE STATE EDUCATIONAL BOARD OR DIVISION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS . THE PREMISES SPECIFIED IN AN APPROVED APPLICATION FOR A LICENSE UNDER THIS CHAPTER WHICH IS OWNED OR IN THE POSSESSION OF THE LICENSEE AND WITHIN WHICH SUCH LICENSEE IS AUTHORIZED TO CARRY ON THE PRACTICE OF MASSAGE THERAPY OR RECEIVE REQUESTS FOR THE SUPPLYING OF MASSAGE THERAPY. ANY ESTABLISHMENT WHERE ANY PERSON, FIRM , PARTNERSHIP , ASSOCIATION OR CORPORATION ENGAGES IN, CARRIES ON OR PERMITS TO BE ENGAGED IN OR CARRIED ON ANY OF THE ACTIVITIES UNDER THE DEFINITION OF "MASSAGE" IN THIS CHAPTER . MASSAGE THERAPY PERFORMED OUTSIDE THE LICENSED PREMISES . -3- 5-5-2: LICENSE REQUIRED : IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PERFORM A MASSAGE AND IT SHALL BE UNLAWFUL TO OPERATE A MASSAGE THERAPY CLINIC IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE FOR SUCH ACTIVITY EXCEPT FOR THE FOLLOWING CLASSES OF PERSONS: A . PHYSICIANS , OSTEOPATHS , PHYSICAL THERAPISTS , CHIROPODISTS , PODIATRISTS, OR CHIROPRACTORS LICENSED IN THIS STATE , 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 INSTITUTIONS AND ESTABLISHMENTS LICENSED BY THE STATE AS HOSPITALS WHILE PERFORMING THEIR USUAL DUTIES WITHIN THE HOSPITAL OR INSTITUTION SO LICENSED . C . REGISTERED NURSES AND LICENSED PRACTICAL NURSES PERFORMING MASSAGE SERVICES IN THE COURSE OF THEIR USUAL NURSING DUTIES . D . COSMETOLOGISTS AND BARBERS DULY LICENSED UNDER THE LAWS OF THIS STATE, ACTING IN THE COURSE OF THEIR USUAL DUTIES AS COSMETOLOGISTS AND BARBERS . E . TRAINERS OF ANY RECOGNIZED AMATEUR , SEMI- PROFESSIONAL, OR PROFESSIONAL ATHLETE OR ATHLETIC TEAM . 5-5-3: APPLICATION FOR LICENSE : A. THE APPLICATION FOR A MASSAGE THERAPIST LICENSE OR MASSAGE THERAPY CLINIC SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B . IN ADDITION THE APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING: 1. INSURANCE REQUIRED : LICENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: i. COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100 ,000.00 ) PER OCCURRENCE AND AGGREGATE . iii . FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE C. LICENSES GRANTED UNDER THIS CHAPTER ARE NOT TRANSFERABLE. -4- -.. D. EDUCATION. 1. THE APPLICANT MUST PROVIDE COMPLETE DISCLOSURE OF HIS OR HER EDUCATION AND EXPERIENCE AS A MASSAGE THERAPIST . 2. TO OBTAIN A MASSAGE THERAPIST LICENSE THE APPLICANT MUST HA VE GRADUATED FROM A MASSAGE THERAPY SCHOOL ACCREDITED BY THE STATE EDUCATIONAL BOARD OR DIVISION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS, OR FROM A SCHOOL WITH COMP ARABLE APPROVAL OR ACCREDITATION FROM ANOTHER STATE WITH TRANSCRIPTS INDICATING COMPLETION OF AT LEAST FIVE HUNDRED (500) HOURS OF TRAINING IN MASSAGE THERAPY. FOR THE PURPOSES OF THIS CHAPTER, A MASSAGE THERAPY SCHOOL MAY INCLUDE AN EQUIVALENCY PROGRAM APPROVED BY THE STATE EDUCATIONAL BOARD OR DIVISION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS. E. CRIMINAL BACKGROUND: 1. THE APPLICANT SHALL BE REQUIRED TO SUBMIT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS. 2 . NO PERSON WITH A FELONY RECORD OR WHO HAS BEEN CONVICTED OF A MORAL TURPITUDE CHARGE SHALL BE ALLOWED TO OBTAIN A MASSAGE THERAPIST OR MASSAGE THERAPY CLINIC LICENSE . 5-5-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE: IN ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING ADDITIONAL LICENSEE REQUIREMENTS ARE REQUIRED : A . EVERY LICENSEE SHALL DISPLAY AV ALID LICENSE IN A CONSPICUOUS PLACE WITHIN THE MASSAGE THERAPY CLINIC SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES. B. SANITARY REQUIREMENTS : IT SHALL BE UNLAWFUL FOR ANY MASSAGE THERAPY CLINIC OR EMPLOYEE TO FAIL TO MAINTAIN THE CLINIC OR PREMISES IN A CLEAN AND SANITARY MANNER. Section 2. More stringent City standards prevail : The City has incorporated title 12, article 48.5 of the Colorado revised statutes. The standards for massage therapy licensing set forth in this Chapter are intended to be more stringent than the minimum standards set forth in Title 12 , Article 48 .5 of the Colorado Revised Statutes. The provisions of this Chapter shall therefore supersede any conflicting statutory provisions in Title 12, Article 48.5 C .R.S .. -5- Section 3. License Fee : License fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 of this Code. Section 4. The City Council of the City of Englewood, Colorado, hereby approves amending Title 7, Section 6D, by enacting a new Subsection 14, entitled Massage - Prohibited Acts, of the Englewood Municipal Code which shall read as follows : 7-6D-14: MASSAGE -PROHIBITED ACTS: IT IS UNLAWFUL FOR ANY MASSAGE THERAPIST TO PROVIDE A MASSAGE TO A PATRON WHOSE GENITALS ARE EXPOSED OR FOR THIS ACT TO TAKE PLACE IN A MASSAGE THERAPY CLINIC. THIS PROHIBITION DOES NOT EXTEND TO A CHILD UNDER THE AGE OF TWENTY-FOUR (24) MONTHS WHOSE PARENTS ARE PRESENT . Section 5. The City Council of the City of Englewood, Colorado, hereby approves amending Title 7, Section 6E, by enacting a new Subsection 9, entitled Prohibited Massage On Minors, of the Englewood Municipal Code which shall read as follows: 7-6E-9: PROHIBITED MASSAGE ON MINORS: PERFORMANCE OF THE FOLLOWING ACTS ARE PROHIBITED: A. IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) TO OBTAIN THE SERVICES PROVIDED BY A MASSAGE THERAPIST UNLESS THAT PERSON IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN , HAS A PHYSICIAN 'S PRESCRIPTION FOR MASSAGE THERAPY, OR HAS A LETTER FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE MASSAGE THERAPY. B . IT IS UNLAWFUL FOR ANY MASSAGE THERAPIST TO PROVIDE MASSAGE THERAPY TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) UNLESS THAT PERSON IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN , HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE THERAPY, OR HAS A LETTER FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE MASSAGE THERAPY. Section 6. The Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No . 25, series of 1996 and now removes the following licenses from the moratorium: Massage Therapist License Massage Therapy Clinic License. -6- -·~ _, ~· • Section 7. Safety Clauses. The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rat ional relation t.o the proper legislative object sought to be obtained. Section 8 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof t.o any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 9. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 10 . Effect of repeal or modification . The repe al or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper acti ons, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 11 . Penalty. The Penalty Provision of E.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of January, 1997 . Published as a Bill for an Ordinance on the 23rd day of January, 1997. Read by title and passed on final reading on the 3rd day of February, 1997 . Published by title as Ordinance No. If, Series of 1997, on the 6th day of January, 1997 . ayor -7- I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. fl~ If .f:j Loucrishia A. Ellis -8- • •