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