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HomeMy WebLinkAbout08006AN ORDINANCE REPEALING CHAPTER 15 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO THE LICENSING AND REGULATION OF MASSAGE THERAPISTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Chapter 15 of Title IX of the Pueblo Municipal Code is hereby repealed in its entirety. [CHAPTER 15 Massage Therapists Sec. 9-15-1. Definitions. As used in Sections 9 -15 -1 through 9 -15 -9, the following definitions apply: (1) 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: a. Any of the terms, conditions or provisions of this Chapter which are specifically applicable to massage therapists; b. Any of the terms, conditions or provisions of this Title which are applicable generally to all licensees under this Title; c. Any rules and regulations promulgated pursuant to this Title which are applicable generally to all licensees under this Title; d. Any special terms or conditions that were placed on initial issuance or renewal of the license; e. Any special terms or conditions that were placed on the licensee in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or f. Any provisions of local ordinances or state law applicable to the practice of massage. (2) Licensee shall mean a City massage therapist license as approved and issued by the City License Officer. (3) 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. (4) 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 (500) hours of training in massage therapy. For the purposes of this Subsection (4), 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. Sec. 9 -15 -2. Licensing authority. The City License Officer shall be the local licensing authority in the City for the licensing of massage therapists. Sec. 9 -15 -3. 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 without holding a valid massage therapist license issued by the City License Officer. Sec. 9-14-4. Exemptions. The following persons are exempt from the licensing requirement of Section 9- 15 -3: (1) Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists duly licensed by the State to practice their respective professions or persons actually employed by such professionals while working under the direct supervision of such professionals. (2) Barbers and beauticians who are duly licensed under the laws of the State or City, except that this exemption shall only apply to massaging of the neck, face, scalp and hair of the customers for cosmetic or beautifying purposes. (3) Employees of state - licensed health care facilities who may perform massage as part of their assigned job duties. (4) 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. (5) Athletic trainers of recognized professional or amateur athletic teams. Sec. 9 -15 -5. Application for license. All applications and fees for massage therapist licenses shall be filed with the City License Officer. The application shall contain but not be limited to the following: (1) All business addresses and all telephone numbers where the massage therapy is to be practiced, along with a statement whether the applicant will be practicing massage therapy on an outcall basis. (2) Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two (2) previous addresses immediately prior to the present address of the applicant. (3) Social Security number, driver's license number, if any, and date of birth. (4) The applicant's weight, height, color of hair and eyes, and sex. (5) Written evidence that the applicant is at least eighteen (18) years of age. (6) 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. (7) The name and address of the recognized school attended, the dates attended and a copy of a transcript and a diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than five hundred (500) hours of instruction in the field of massage, plus satisfactory proof of accreditation of such school. (8) The massage or similar business history and experience of the applicant for a period of five (5) years prior to the date of application, including but not limited to whether or not such person, in previously operating in the City or another city or state under a 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. (9) Such other information and identification of the applicant deemed necessary by the City License Officer in order to discover the truth of the matters hereinbefore required to be set forth in the application. (10) 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. (11) 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. (12) Each new application and each renewal application for a massage therapist license shall be accompanied by an annual nonrefundable license fee of one hundred dollars ($100.00) per year. Sec. 9 -15 -6. Issuance of massage therapist license. The City License Officer shall issue a massage therapist license after approval. No such license shall be approved for, issued to or held by: (1) Any person who is not of good character and reputation. (2) Any person who has not tendered the required license fee to the City License Officer. (3) Any person who has not completed all sections on the required application form fully, fairly and accurately. (4) 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 a 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 Subsection (4), a massage therapy school may include an equivalency program approved by the state educational board of division charged with the responsibility of approving private occupational schools. Sec. 9 -15 -7. Approval or denial of application. The City License Officer shall act to approve or deny an application for a massage therapist license within thirty (30) days after the date of filing said application. Sec. 9 -15 -8. Denial, revocation or suspension of license. (a) The City License Officer may deny an application for initial issuance or renewal of a massage therapist license, or revoke or suspend such a license if already issued, for good cause. (b) Notice of such application shall include the reasons therefor and shall be sent by certified mail to the applicant or licensee at the latest address filed with the City Licensing Officer. Service of said notice shall be complete upon mailing. Sec. 9 -15 -9. Change of application. Each massage therapist licensee shall notify the City License Officer of any change in the information required under this Chapter within ten (10) days after such change occurs.] SECTION 2. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: April 27, 2009 A77TSTDD SY: C)TY CLERK BY: Judy Weaver } Councilperson APPR D' } �, PRESIDENTaf City Council PASSED AND APPROVED: Mav 11. 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 21 DATE: April 27, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE REPEALING CHAPTER 15 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO THE LICENSING AND REGULATION OF MASSAGE THERAPISTS ISSUE Should City Council pass and approve the proposed Ordinance? RECOMMENDATION City Council should pass and approve the proposed Ordinance. BACKGROUND Pursuant to passage of Senate Bill 08 -219, the Massage Therapy Practice Act, the State of Colorado has preempted local regulation of massage therapists. Specifically, the City is prohibited from enforcing any 'ordinance that regulates the practice or performance of massage therapy." §12- 35.5 -118, C.R.S. As such, the City may no longer enforce Chapter 15 of Title IX, and same should be repealed. FINANCIAL IMPACT Insignificant. The license fee was established to collect costs incurred in processing the license application.