Chapter 5.20
MASSAGE PARLORS AND ESTABLISHMENTS
Sections:
5.20.010 Legislative declaration.
5.20.030 Application—Contents.
5.20.040 Plans and specifications—Requirements.
5.20.060 Persons prohibited from obtaining license.
5.20.070 Locations for which applications will not be considered.
5.20.080 Application rounds for refusal.
5.20.090 Application hearing—Public notice, posting and publication.
5.20.100 Application review—Findings—Decision.
5.20.120 Licenses—Transferability.
5.20.130 Licenses—Expiration—Renewal.
5.20.140 License—Display required.
5.20.150 Identity card required.
5.20.170 Knowledge of city and state regulations presumed.
5.20.180 Suspension and revocation of license.
5.20.010 Legislative declaration.
The City Council declares that the operation of massage parlors or establishments in this city affects the public health, safety and welfare, and that city regulation of such operation is in the public interest. (Prior code § 9’/a-1)
5.20.020 Definitions.
As used in this chapter unless the context otherwise requires:
“License” means a grant to a licensee to operate a massage parlor.
“Licensed premises” means the premises specified in an approved application for a license under this chapter which are owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage.
“Location” means a particular parcel of land that may be identified by an address or by other descriptive means.
“Massage” means a method of treating the body for remedial or hygienic purposes including, but not limited to, rubbing, stroking, kneading or tapping with the hand or an instrument or both, which is performed by a person who is not a massage therapist/bodywork practitioner as defined in this section.
“Massage parlor or establishment” means an establishment providing massage, but it does not include training rooms of public and private schools accredited by the State Board of Education or approved by the State Board for Community Colleges and Occupational Education, training rooms of recognized professional or amateur athletic teams, licensed health care facilities, and massage therapy/bodywork facilities as defined in this section.
“Massage therapist/bodywork practitioner” means a person, at least eighteen (18) years of age, who administers massage therapy/bodywork for compensation, and who has successfully passed the national certification examination for therapeutic massage and bodywork or who has graduated with at least five hundred (500) hours of training in massage therapy/bodywork from a massage, massage therapy, or bodywork 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. For the purposes of this chapter, a massage, massage therapy, or bodywork school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools. Some examples of massage therapists/bodywork practitioners are persons who practice the following modalities: Swedish massage, sports massage, shiatsu, myomassology, polarity therapy, Rolfers, Trager, neuromuscular therapy, Hellerwork, reflexology, and/or on-site massage.
“Massage therapy/bodywork” means the application of various techniques to the muscular structure and soft tissues of the human body. Application of massage therapy and bodywork techniques may include, but is not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and those techniques based on manipulation or application of pressure to the muscular structure or soft tissues of the human body. This may also include non-forceful passive or active movement and/or application of techniques intended to affect the energetic systems of the body. The use of oils, lotions, powders, or other lubricants may also be included.
“Massage therapy/bodywork facility” means a facility which is operated for the purpose of massage therapy/bodywork performed by a massage therapist/bodywork practitioner.
“Operator” means any person twenty-one (21) years of age or older owning or operating a massage parlor or establishment. In the event of a corporation owner or partnership, “operator” means the manager or person in charge of the premises.
“Person” means a natural person, partnership, association, company, corporation, organization, or managing agent, servant, officer, or employee of any of them.
“Premises” means 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. 1997-20 § 1; prior code § 9’/a-2)
5.20.025 Exemptions.
The following classes of persons are exempted from this chapter:
A. Physicians, osteopaths, physical therapists, chiropodists, podiatrists or chiropractors registered in the state;
B. The following classes of persons, provided that each is duly licensed and/or registered with any applicable and appropriate board or professional licensing agency required under the laws of the State of Colorado, and provided that each such board or agency provides a letter or other documentation stating that massage therapy is not outside the area of training, experience or competence of the exempted person, and further provided that massage therapy is shown to be a service rendered in the legitimate and recognized practice of the discipline, therapy or treatment exempted hereby:
1. Psychologists;
2. Clinical social workers;
3. Marriage and family therapists;
4. Professional counselors.
C. Registered nurses and licensed practical nurses performing those 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/barbers;
E. Trainers of any amateur, semiprofessional or professional athlete or athletic team; and
F. Massage therapists/bodywork practitioners as defined by Section 5.20.020 of this chapter. (Ord. 1997-20 § 2)
5.20.030 Application—Contents.
Application for a license under the provisions of this chapter shall be made to the city on forms prepared and furnished by the City Manager. Each form shall include, but shall not be limited to:
A. The name and address of the applicant;
B. If the applicant is a partnership, the names and addresses of all partners;
C. If the applicant is a corporation, association, joint venture or other organization, the names and addresses of the president, vice president, secretary and managing person or persons;
D. The name and address of any person or persons who have or will have the following authority over a person or persons who do or will administer massage for the applicant:
1. The authority to hire, or
2. The authority to terminate employment, or
3. The authority to schedule work hours, or
4. The authority to compute wages, or
5. The authority to sign pay checks or otherwise pay wages;
E. The applicant shall have a continuing duty to amend the application so as to keep the information required under subsections A through D of this section current throughout the duration of the license. The applicant shall notify the City Manager of any such changes within five (5) business days of their occurrence. This shall be considered a condition upon which any license granted under this chapter is granted. It shall be considered a material condition and each applicant shall be so advised on the forms prepared and furnished by the City Manager. Violation of this continuing duty shall subject the license to revocation, suspension or denial;
F. A copy of the relevant deed if the premises are owned by the applicant;
G. A copy of the lease or rental agreement if the premises are leased or rented;
H. A copy of each management agreement between the manager of the premises and the applicant;
1. The two (2) previous addresses immediately prior to the present address of applicant and/or manager, and the dates of residence at each;
J. Business, occupation or employment history of the applicant for seven (7) years preceding the application. If the applicant is a corporation, this shall be furnished for the president, secretary and treasurer of the corporation, and any stockholder owning more than ten (10) percent of the outstanding stock in the corporation. The same information shall be furnished for the manager of the premises. If the applicant is a partnership, this information shall be required for each general partner, each limited partner with more than one thousand dollars ($1,000.00) invested in the business, and the manager of the premises. If the applicant is a joint venture, the information required under this subsection shall be required for each member of the venture and the manager of the premises.
K. Plans and specifications for the premises to be used, which plans shall provide for the requirements listed in Section 5.20.040. (Prior code § 9’/a-4 (a) (1-10, 11 (part))
5.20.040 Plans and specifications—Requirements.
Plans and specifications for the premises to be used shall provide for:
A. Compliance with the applicable Building Code;
B. A recognizable and legible sign be posted at a main entrance identifying the establishment as a massage parlor or establishment, in accordance with the city sign code;
C. Minimum lighting shall be provided in accordance with the Uniform Building Code, and, in addition, at least an artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons;
D. Minimum ventilation shall be provided in accordance with the Uniform Building Code;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided for the storage of clean linen;
G. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons;
H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use;
I. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linen shall be permitted;
J. A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers;
K. At the time of filing the application for the issuance of a license, the applicant shall file complete plans and specifications for the interior of the building if the building to be occupied is in existence at the time. If the building is not in existence, the applicant shall, in addition to the plans and specifications for the interior, submit an architect’s drawing of the building to be constructed. (Prior code § 9’/a-4 (a) (11 (part))
5.20.050 Application—Review.
A. Upon receipt of an application for a license to operate a massage parlor, the City Council shall, at its next regular meeting, set the boundaries of the neighborhood to be considered pursuant to subsection B of this section in determining whether or not to grant the license. At such time, the applicant or any other interested party may attend and present evidence regarding said boundaries.
B. Before granting any license, the City Council shall consider, except where this chapter specifically provides otherwise, the reasonable requirements of the neighborhood, the desires of the inhabitants as evidenced by petitions, remonstrances or otherwise, and all other reasonable restrictions which are or may be placed on the neighborhood by the city.
C. Before granting any license for which application has been made, the city of Glendale, or one or more of its inspectors, shall visit and inspect the premises or property in which the applicant proposes to conduct his business and investigate the fitness to conduct such business of any person or officers and directors of any corporation applying for a license. In investigating the fitness of any applicant, licensee, or employee or agent of the licensee or applicant, the city may have access to criminal history record information furnished by criminal justice agencies subject to any restrictions imposed by such agencies. In the event the city takes into consideration information concerning the applicant’s criminal history record, the city shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant’s last criminal conviction and the consideration of his application for a license.
As used in this section, “criminal justice agency” means any federal, state, or municipal court or any governmental agency or subunit of such agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.
D. No application to have a massage parlor at a particular location by or on behalf of the same person shall be received or acted upon concerning a location for which, within two (2) years preceding, the city has refused to approve a license on the ground, in whole or in part, that the licenses already granted for the particular locality were adequate for the reasonable requirements of the neighborhood and the desires of the inhabitants at the time of such refusal. (Prior code §§ 9 1/4-3 (d, e), 9 1/4-4 (b, c))
5.20.060 Persons prohibited from obtaining license.
No license provided by this chapter shall be issued to or held by:
A. Any corporation, any of whose officers, directors, or stockholders holding over ten (10) percent of the outstanding initial capital stock thereof are not of good moral character;
B. Any partnership, association, or company, any of whose officers, or any of whose members holding more than ten (10) percent interest therein, are not of good moral character;
C. Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the city;
D. Any sheriff, deputy sheriff, police officer, prosecuting officer, or any of the city’s inspectors or employees;
E. Any person unless he is, with respect to his character, record and reputation, satisfactory to the city. (Prior code § 9 1/4-8)
5.20.070 Locations for which applications will not be considered.
No application for the issuance of any license authorized by this chapter shall be received or acted upon:
A. If, within two (2) years next preceding the date of the application, the city has denied an application at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were satisfied by the existing outlets;
B. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement or other arrangement for possession of the premises, or by virtue of the ownership thereof;
C. For a location in an area where the operation of a massage parlor as contemplated is not permitted under the applicable zoning laws of the city. (Prior code § 9 1/4-14)
5.20.080 Application—Grounds for refusal.
A. The city shall refuse a license if the premises on which the applicant proposes to conduct its business do not meet the requirements of this chapter, or if the character of the applicant or its officers, directors, managers or any employees, is such that violations of this chapter would be likely to result if a license were granted, or if, in its opinion, licenses already granted for the particular locality are adequate for the reasonable needs of the neighborhood.
B. Refusal of a renewal application may occur for the reasons stated in this section in addition to the failure of the applicant to comply with any of the requirements contained in this chapter, including, but not limited to, failure to meet conditions upon which a previous license was granted. (Prior code § 9 1/4-5)
5.20.090 Application hearing—Public notice, posting and publication.
A. Upon receipt of an application, except an application for renewal or for transfer of ownership, the city shall schedule a public hearing upon the application not less than thirty (30) days from the date of the application and shall post and publish the public notice thereof not less than ten (10) days prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation in the municipality or county in which the premises are located.
B. Notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inch in height and stating the type of license applied for, the date of the application, and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a partnership, the sign shall contain the names and addresses of all partners, and if the applicant is a corporation, association or other organization, the sign shall contain the names and addresses of the president, vice president, secretary and manager or other managing officers.
C. Notice given by publication shall contain the same information as that required for signs.
D. If the building in which the massage parlor is to be operated is in existence at the time of the application, any sign posted as required in subsections A and B of this section shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.
E. At the public hearing held pursuant to this section, any party in interest shall be allowed to present evidence and cross-examine witnesses. As used in this subsection, “party in interest” includes the applicant, a resident of the neighborhood under consideration, or the owner or manager of a business located in the neighborhood under consideration.
F. The city, in its discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination. (Prior code § 9 1/4-13)
5.20.100 Application review—Findings—Decision.
A. Not less than five (5) days prior to the date of the hearing, the city shall make known its findings, based upon its investigation, in writing, to the applicant and other interested parties. The City Council has authority to refuse to issue any license for good cause, subject to judicial review.
B. Before entering any decision approving or denying the application, the City Council shall consider, except where this chapter specifically provides otherwise, the facts and evidence produced as a result of its investigation, including the reasonable requirements of the neighborhood for the license for which application has been made, the desires of the inhabitants, the number, type and availability of other massage parlors located in or near the neighborhood under consideration, and any other pertinent matters affecting qualifications of the applicant for the conduct of the business proposed.
C. Any decision of the City Council of the city approving or denying an application shall be in writing stating the reasons therefor, and shall be made within thirty (30) days after the date of the public hearing, and a copy of such decision shall be sent by certified mail to the applicant at the address shown in the application.
D. No license shall be issued by the city after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the provisions of this chapter, and then only after inspection of the premises has been made by the city to determine that the applicant has complied with the architect’s drawing and plans and specifications submitted upon application. (Prior code § 9 1/4-15)
5.20.110 License fees.
The following license fees shall be paid to the city annually in advance:
A. For the issuance of a new license, three hundred fifty dollars ($350.00);
B. For each renewal of a license, one hundred fifty dollars ($150.00). (Prior code § 9 1/4-9)
5.20.120 Licenses—Transferability.
A. Each license issued under this chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds. A separate license shall be issued for each specific business or business entity and each geographical location.
B. No license granted under the provisions of this chapter shall be transferable as to ownership except as provided in subsection E of this section.
C. No changes of location for licensed premises shall be allowed.
D. When a license has been issued to a husband and wife or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license.
E. For any other transfer of ownership, application shall be made to the city on forms prepared and furnished by the City Manager. In determining whether to permit a transfer of ownership, the City Council shall consider only the requirements of Section 12-48.5-108, C.R.S. 1973, as amended. The city may cause a hearing on the application for transfer of ownership to be held. No such hearing shall be held by the city until the notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days and notice of the hearing has been provided the applicant at least ten (10) days prior to the hearing. (Prior code § 9 1/4-3 (f j))
5.20.130 Licenses—Expiration—Renewal.
A. All licenses granted pursuant to the provisions of this chapter shall be valid for a period of one year from the date of their issuance unless revoked or suspended pursuant to Section 12-48.5-107, C.R.S. 1973, as amended.
B. Any license granted under this chapter shall not be renewed in the event a local election is held under applicable state law and the election results in the decision against the right to operate massage parlors.
C. Application for the renewal of an existing license shall be made to the city not less than forty-five (45) days prior to the date of expiration. The city may cause a hearing on the application for renewal to be held. No such renewal hearing shall be held by the city until a notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days and notice of the hearing has been provided the applicant at least ten (10) days prior to the hearing. The city may refuse to renew any license for good cause, subject to judicial review. Each application for renewal shall be verified. (Prior code § 9 1/4-3 (a, b, c))
5.20.140 License—Display required.
The licenses provided pursuant to this chapter shall specify the date of issuance, the period which is covered, the name of the licensee, and the premises licensed. The license shall be conspicuously placed at all times in the massage parlor thereby licensed. (Prior code § 9 1/4-3 (k))
5.20.150 Identity card required.
Every applicant, licensee, or agent or employee of the applicant or licensee shall, prior to commencing work in or upon the licensed premises, obtain an identity card from the law enforcement agency within the city in a form prescribed by the city, and shall carry the identity card at all times while in or upon the licensed premises. (Prior code § 9 1/4-4 (d))
5.20.160 Unlawful acts.
It is unlawful for any person:
A. To operate a massage parlor without holding a validly issued local license;
B. To work in or upon the licensed premises of a massage parlor without obtaining and carrying a valid identity card pursuant to state law and this chapter;
C. To obtain the services provided in a massage parlor by misrepresentation of age or by any other method in any place where massage is practiced when such person is under eighteen (18) years of age, unless such person is accompanied by his parent or has a physician’s prescription for massage services;
D. To allow the sale, giving, or procuring of any massage services to any person under the age of eighteen (18) years, unless such person is accompanied by his parent or has a physician’s prescription for massage services;
E. To permit any person under the age of eighteen (18) years to be employed as an employee in a massage parlor. If any person who, in fact, is not eighteen (18) years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under this chapter unless the person employing such person knew or should have known that the proof of age was fraudulent;
F. To fail to display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter a minimum of one-half (1/2) inch in height, which shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR HAS A PHYSICIAN’S PRESCRIPTION FOR MASSAGE SERVICES.
IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR HAS A PHYSICIAN’S PRESCRIPTION FOR MASSAGE SERVICES.
FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER ARTICLE 48.5 OF TITLE 12, C.R.S. 1973, AS AMENDED.
(Prior code § 9 1/4-10)
5.20.170 Knowledge of city and state regulations presumed.
The applicant, its owners, officers, employees, agents, servants, and managers are each presumed to know the laws of the state and the ordinances of the city regulating massage parlors. (Prior code § 9 1/4-7)
5.20.180 Suspension and revocation of license.
In addition to any other penalties prescribed by this chapter, the city has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license issued by such authority for any violation by the licensee or by any of its agents, servants, or employees of the provisions of this chapter, or of any of the rules or regulations authorized pursuant to this chapter, or of any of the terms, conditions or provisions of the license issued by such authority. In addition, the city, in its discretion, may revoke or elect not to renew a license if it determines that the licensed premises have been inactive for at least three (3) months or, in the case of a license approved for a facility which has not been constructed, such facility has not been constructed and placed in operation within one year of approval of the license application, or construction of the facility has not been commenced within one year of such approval. The city has the power to administer oaths and issue subpoenas to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the city conducts. (Prior code § 9 1/4-6)
5.20.190 Enforcement.
The peace officers of the city or the duly authorized representatives of the city authorized to enforce the provisions of this chapter, while engaged in performing their duties and while acting under proper orders or regulations, shall have and exercise all the powers vested in peace officers of the state, including the power to arrest and the authority to issue summons for violations of the provisions of this chapter. (Prior code § 9 1/4-12)
5.20.200 Violation—Penalties.
A. Any person violating any of the provisions of this chapter or any of the rules and regulations authorized and adopted pursuant hereto, upon conviction thereof, shall be subject to punishment as provided in Section 1.16.010 of this code. The court trying such offense may decree that any license theretofore issued under the provisions of this chapter or of any law relating to the operation of massage parlors where such offense was committed be suspended or revoked and may decree that no license for the operation of a massage parlor shall thereafter be issued to any such person for a period not to exceed five (5) years.
B. The penalties provided in this section shall not be affected by the penalties provided in any other section of this chapter but shall be construed to be an addition to any other penalties. (Ord. 1995-17 § 6; prior code § 9 1/4-11)