HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - FIRST READING OF ORDINANCE NO. 097, 2008, AMENDING ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: August 19, 2008
FORT COLLINS CITY COUNCIL
STAFF: Aimee Jensen
SUBJECT
First Reading of Ordinance No. 097, 2008, Amending the City Code by Repealing Sections
Relating to Massage Therapy.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This Ordinance repeals all provisions of the Code relating to the practice of massage, including
the provisions establishing the Massage Licensing Authority.
BACKGROUND
The Colorado State Legislature enacted the "Colorado Massage Parlor Code" in 1977. This gave
municipalities the authority and obligation to license persons or corporations who desire to
engage in the operation of a massage parlor. The City adopted Ordinance No. 008, 1981,
creating the Massage Licensing Authority and establishing fees and minimum requirements for
massage establishments. These duties were delegated to the Liquor Licensing Authority as the
application processes were similar.
In 1990, Senate Bill 90-37, amended the definition of massage parlors in the Colorado Massage
Parlor Code. By amending this definition of massage parlors, the Colorado General Assembly
eliminated the requirement of licensing for facilities that operate for the purpose of massage
therapy performed by a massage therapist. This bill defined a massage therapist as a person who
has graduated from an accredited massage therapy school with at least 500 hours of education.
This eliminated the licensing requirement for nearly all of the licensed massage establishments
in operation at that time in Fort Collins.
The net effect was that only one massage establishment retained its license until 1994, when the
operator graduated from the Healing Arts Institute with 1000 hours, thereby qualifying him as a
massage therapist as defined in state law and exempting him from licensure requirements. The
City has not issued a massage license since 1994.
August 19, 2008 -2- Item No. 18
In 2008, the Colorado General Assembly adopted, and the Governor signed into law, Senate Bill
08-219, effective July 1, 2008, declaring that proper and safe massage therapy is a matter of
statewide concern and prohibiting any municipality from enacting or enforcing any local
ordinance that regulates the practice or the profession of massage therapy.
This Ordinance repeals all provisions of the Code relating to the practice of massage, including
the provisions establishing the Massage Licensing Authority.
ORDINANCE NO. 097, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS BY
REPEALING SECTIONS RELATING TO MASSAGE THERAPY
WHEREAS, on January 20, 1981,the City Council enacted Chapter 16 of the City Code to
effectuate the licensing provisions of state law regulating massage therapy and to create a local
Massage Licensing Authority; and
WHEREAS,the Colorado General Assembly has recently passed legislation declaring proper
and safe massage therapy a matter of statewide concern and prohibiting any city from enacting or
enforcing any local ordinance that regulates the practice or the profession of massage therapy,
effective July 1, 2008; and
WHEREAS, the City is therefore preempted from enacting and enforcing regulations
pertaining to massage therapy; and
WHEREAS, City staff recommends repealing City Code provisions that can no longer be
enforced; and
WHEREAS, the Council agrees with such recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 2,Division 22,of the Code of the City of Fort Collins containing
a reference to the Massage Licensing Authority is hereby repealed in its entirety.
Section 2. That Chapter 16 of the City Code entitled "Massage Therapy" is hereby
repealed in its entirety.
Introduced, considered favorably on first reading, and ordered published this 19th day of
August, A.D. 2008, and to be presented for final passage on the 2nd day of September, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of September, A.D. 2008.
Mayor
ATTEST:
City Clerk