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HomeMy WebLinkAbout07072ORDINANCE NO. 7072 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO MASSAGE PARLORS AND CREATING THEREIN A NEW CHAPTER VI ON LICENSING OF MASSAGE THERAPISTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Title IX of the Code of Ordinances is amended by the addition of a new Chapter 15 Sections 9 -15 -1 and 9 -15 -2 to read as follows: TITLE IX Licenses and Permits CHAPTER 15 -- Massage Therapists 9 -15 -1: DEFINITIONS As used in sections 9 -15 -1 through 9 -15 -9, the following definitions shall apply: (a) "Good cause ", for the purpose of denying initial issuance or renewal of a massage therapist license, or of suspending or revoking such a license, shall mean that the licensee or applicant has violated, does not meet, or has failed to comply with: 1) any of the terms, conditions, or provisions of this Chapter which are specifically applicable to massage therapists; or 2) any of the terms, conditions or provisions of this Title which are applicable generally to all licensees under this Title; or 3) any rules and regulations promulgated pursuant to this Title which are applicable generally to all licensees under this Title; or 4) any special terms or conditions that were placed on initial issuance or renewal of the license; or 5) any special terms or conditions that were placed on the license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or 6) Any provision of local ordinances or state law applicable to the practice of massage. "License" shall mean a City of Pueblo massage therapist license as approved and issued by the City License Officer. (c) "Massage" shall mean 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. "Massage therapist" shall mean 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 hours of training in massage therapy. For the purposes of this subsection (d), 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. 9 -15 -2: LICENSING AUTHORITY The City License Officer shall be the local licensing authority in the City of Pueblo for the licensing of massage therapists. SECTION 2. Section 53 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -3 and amended to read as follows: [11 -3 -53] 9 -15 -3: fMASSAGIST'Sl MASSAGE THERAPIST LICENSE It shall be unlawful and a violation of this Code for any person to practice massage for a fee in a licensed massage parlor or elsewhere within the City of Pueblo without holding [unless he or she has] a valid massage therapist license issued [to him or her] by the [Liquor and Beer Licensing Board] City License Officer. SECTION 3. Section 54 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -4 and amended to read as follows: [11 -3 -54] 9 -15 -4: EXEMPTIONS The following persons [while engaged in the personal performance of the duties of their respective professions, may practice massage within the City without having a massagist's license] are exempt from the licensing requirement of section 9 -15 -3: (a) Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists duly licensed by the State of Colorado to practice their respective professions or persons actually employed by such professionals while working under the direct supervision of such professionals. (b) Barbers and beauticians who are duly licensed under the laws of the State of Colorado or City of Pueblo, except this exemption shall only apply to massaging of the neck, face, scalp and hair of the customer for cosmetic or beautifying purposes. (c) Employees [who are massaging in] of state licensed health care facilities who may perform massage as part of their assigned mob duties. (d) Athletic trainers of public and private schools accredited by the State Board of Education or approved by the division charged with the responsibility of approving private occupational schools [the State Board for Community Colleges and Occupational Education]. (e) Athletic trainers of recognized professional or amateur athletic teams. [(f) A massage therapist who performs massage therapy in an office or facility which is operated for the purpose of massage therapy. "Massage therapist" means 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 hours of training in massage therapy. For the purposes of this subsection (f), 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.] SECTION 4. Section 55 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -5 and amended to read as follows: [11 -3 -55] 9 -15 -5: APPLICATION FOR LICENSE 6 UlApplication] applications and fees for [a massagist's] massage therapist licenses shall be [made to] filed with the [City Clerk accompanied by the annual nonrefundable massagist's license fee of seventy -five dollars ($75.00) per year] City License Officer The application shall contain but not be limited to the following: (a) [The] All business address and all telephone numbers where the massage therapy is to be practiced along with a statement whether the applicant will also be practicing massage therapy on an outcall basis. (b) Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant. (c) Social Security number, driver's license number, if any, and date of birth. (d) Applicant's weight, height, color of hair and eyes, and sex. (e) Written evidence that the applicant is at least eighteen (18) years of age. (f) A complete statement of all convictions of the applicant for any felony or misdemeanor offense or any violation of a local ordinance, except misdemeanor traffic violations. [(g) Fingerprints of the applicant taken by the Pueblo Police Department. (h) Two front -face portrait photographs taken within thirty (30) days of the date of application and at least two (2) inches by two (2) inches in size.] [(i)] & The name and address of the recognized school attended, the dates attended and a copy of [the] a transcript and a diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than [seventy (70)] five hundred (500) hours of instruction in the field of massage plus satisfactory proof of accreditation of such school [0)] (h) The massage or similar business history and experience of the applicant for a period of [ten] five years prior to the date of application, including but not limited to whether or not such person in previously operating in the City of Pueblo or another City or State under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation. [(k) The names, current addresses and written statements of at least five (5) bonafide permanent residents other than relatives, of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City of Pueblo, then the County of Pueblo, then the State of Colorado and lastly from the rest of the United States. (1) A medical certificate signed by a physician, licensed to practice in the State of Colorado, within seven (7) days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this Subsection shall be provided at the applicant's expense.] [(m)] (1) Such other information[,] and identification [and physical examination] of the [person] applicant deemed necessary by the [Liquor and Beer Licensing Board] City License Officer in order to discover the truth of the matters hereinbefore required to be set forth in the application. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. r , � LkJ Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. [{p+M Each new application and each renewal application for a massage therapist license, shall be accompanied by [the] an annual nonrefundable license fee of $[75] 100 per year. SECTION 6. Section 56 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -6 and amended to read as follows: [11 -3 -56] 9 -15 -6 : ISSUANCE OF MASSAGE THERAPIST [MASSAGIST'S] LICENSE The City [Clerk] License Officer shall issue a [massagist's] massage therapist license after approval [by the Liquor and Beer Licensing Board]. No such license shall be approved for, issued to, or held by: (a) Any person who is not of good character and reputation [satisfactory to the Liquor and Beer Licensing Board]. (b) Any person who has not tendered the required license fee to the City [Clerk] License Officer (c) Any person who has not completed all sections on the required application form fully, fairly and accurately [(d) Any person who is suffering from a communicable disease.] [(e) Any person who has not received a diploma or certificate of graduation in massage from an educational institution licensed as a school or educational institution in Colorado and approved by the Director of the City- County Health Department or from a school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession or work of massage. Such a school must require a resident course of study of not less than seventy (70) hours before a student shall be furnished a diploma or certificate of graduation following the successful completion of such course of study.] (d) Any person who has not 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 hours of training in massage therapy. For the purposes of this subsection (d), 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. SECTION 7. Section 57 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -7 and amended to read as follows: [11 -3 -57] 9 -15 -7 : APPROVAL OR DENIAL OF APPLICATION The City License Officer [Liquor and Beer Licensing Board] shall act to approve or deny an application for a [massagist's] massage therapist license within [a reasonable period of time and no event shall the Liquor and Beer Licensing Board act to approve or deny said license later than] 99 30 days [from] after the date [that] of filing said application [was accepted by the City Clerk]. [Every massagist's license issued will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked.] [Ord. No. 4474, 5 -8 -78] SECTION 8_ Section 58 of Chapter 3 of Title XI of the Code of Ordinances is hereby repealed: [Sec. 11 -3 -58. WAIVER OF REQUIREMENT] [The Liquor and Beer Licensing Board shall waive the educational requirements of Section 11- 3-56(e) of this Code, if the applicant furnishes satisfactory evidence that he attended not less than seventy (70) hours of instruction in a school within or without this State or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this Code.] SECTION 9. Section 59 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -8 and amended to read as follows: [11 -3 -59] 9 -15 -8: DENIAL, REVOCATION OR SUSPENSION OF LICENSE (a) The [Liquor and Beer Licensing Board] City License Officer may deny an application for [massagist's] initial issuance or renewal of a massage therapist license or revoke or suspend such a license if already issued[.] , for good cause. Notice of such action shall include the reasons therefore and shall be sent by certified mail to the applicant or licensee at the latest address [shown upon the application] filed with the City [Clerk] License Officer Service of said notice shall be complete upon mailing. [A massagist's license may be suspended or revoked if the massagist no longer meets the standards for the issuance of a license under Section 11 -3 -56 of this Code, or has made a false statement in his application or has violated any of the statutes of the State of Colorado relating to massage parlors.] SECTION 10. Section 60 of Chapter 3 of Title XI of the Code of Ordinances is renumbered as section 9 -15 -9 and amended to read as follows: [11 -3- 60] -15 -9 : CHANGE OF APPLICATION [The holder of a massagist's license] Each massage therapist licensee shall notify the City [Clerk] License Officer of [each] any change in [any of] the [data required upon his application] information required under this Chapter within ten days after such change occurs. SECTION 11. Any person who currently holds a City of Pueblo massagist's license in good standing shall be deemed to be qualified to practice massage therapy, may continue to operate under such license, and may renew such license, subject to the provisions of this ordinance, except that compliance with the 500 hour educational requirement shall be waived for such persons. Any person who files an application for original issuance or renewal of a massagist's license between the date of final passage of this ordinance and December 31, 2003 shall be required to pay only a pro rata share of the annual license fee, provided that such license shall expire December 31, 2003. Any person who files an application for original issuance or renewal of a massage therapist's license on or after January 1, 2004 shall be required to pay the full annual fee without proration. SECTION 12 This Ordinance shall become effective on January 1, 2004. INTRODUCED October 27. 2003 BY Al Gurule Councilperson APPROVED: President of City Council ATTEST: �1- f I 1� -- S� City rEc PASSED AND APPROVED November 10, 2003