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HomeMy WebLinkAbout008 - 01/20/1981 - CREATING A LOCAL MASSAGE PARLOR AUTHORITY OF THE CITY AND ESTABLISHING LICENSING FEES AND MINIMUM RE I ORDINANCE NO 8 , 1981 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE CREATING A LOCAL MASSAGE PARLOR AUTHORITY OF THE CITY OF FORT COLLINS AND ESTABLISHING LICENSING FEES AND MINIMUM REQUIREMENTS FOR MASSAGE PARLOR PREMISES WHEREAS, 12-48 5-101 et seq , C P S 1973, (1978 replacement volume) , also known as the "Colorado Massage Parlor Code", establishes the govern- mental body of every municipal entity as the local licensing authority for the licensing of massage parlors, and WHEREAS, Section 12-48 5-103(3) , C R S 1973, (1978 replacement volume), provides that the authority to license massage parlors can be delegated by ordinance of the City Council , and i WHEREAS, Section 12-48 5-109, C R S 1973, (1978 replacement volume), requires licensing fees to be set by the local licensing authority, and WHEREAS, Section 12-48 5-118, C R S 1973, (1978 replacement volume), allows the local municipality to enact standards for licensing NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Legislative Intent It is the intention of City Council to effectuate the licensing provisions of 12-48 5-101 et seq , C R S 1973, (1978 replace- ment volume) , the Massage Parlor Code Therefore, the licensing authority hereby created shall conduct its affairs in comformance with such code Section 2 Creation of Massage Parlor Licensing Authority, Duties and Authority, Membership, Quorum A There is hereby created a Massage Parlor Licensing Authority with the duty and authority to grant or refuse licenses for the oper- ation of massage parlors as provided by law, to conduct invest- igations as are provided by lav, and to suspend or revoke any such - - - licenses for cause in the manner provided by law B The Authority shall consist of the members of the Liquor Licensing Authority unless the City Council , by ordinance, designates another bony No person holding a massage oarlor--license shall __ serve as a member of the Authority C A quorum shall consist of a majority of the members of the Authority, and a decision of the majority of those present con- stituting a quorum shall control D Any person in interest shall have the power to appeal a decision of the Authority to the City Council, provided that such person in interest files with the City Clerk notice of appeal within ten (10) days after final action by the Authority In the event of such appeal , the City Council shall schedule a date for hearing the appeal and shall give the party making the appeal at least three (3) days advance notice of the time and place of the hearing The decision of the majority of the City Council present at a duly constituted meeting of the City Council shall be determinative of the appeal E The Massage Parlor Licensing Authority shall make a report to the City Council at least annually setting forth the number of applica- tions for licenses acted upon, the number of licenses granted, the number denied, and any other actions taken by the Authority during the past year Section 3 Powers of Authority, Duties of City Clerk The Massage Parlor Licensing Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before it and the presentation of evidence at hearings provided that all proposed rules and regulations shall be presented to and approved by the City Council before they shall go into effect Application for a license shall be made on forms prepared and furnished by the Licensing Authority The information required of an applicant shall be established by resolution of the City Council The City Clerk shall issue all licenses granted by the Massage Parlor Licensing Authority upon receipt of such license fees as are required by law, and the City Clerk of the City of Fort Collins shall serve as the secretary to the Massage Parlor Licensing Authority Applications for massage parlor licenses shall be filed with the City Clerk of the City of Fort Collins Section 4 Term of License A All massage parlor licenses granted by the Massage Parlor Licensing Authority shall be granted for a period of one (1) year from the date of their issuance unless revoked or suspended The application for renewal of an existing license shall be made to the Licensing Authority not less than forty-five (45) days - —- - -prior to expiration The Licensing Authority may cause a hearing--- to he held, but such hearing may not be heTd unt'rT notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days prior to hearing -2- B The Licensing Authority may refuse to renew any license for just cause C The Massage Parlor Licensing Authority may revoke or elect not to renew a massage parlor license if it determines that the licensed location has been inactive, without good cause, for at least six (6) months or, in the case of a massage parlor license approved for a facility which has not been constructed, such facility has not been constructed and placed in operation within one (1) year of approval of the license application or construction of the facility has not been commenced within six (6) months of such approval In the event that such licensed establishment is not placed into ope-ation within one (1) year of approval of the license application or construction of the facility is not com- menced within six (6) months of such approval, then the action of the massage parlor licensing authority granting said license shall be null and void and no affect whatsoever, and owners of said premises shall be required to reapply for a license pursuant to the provisions of this Article and any resolution of the City as if no license has been previously granted Section 5 Licensing Fee A fee of Three Hundred Fifty Dollars ($350 00) shall accompany each application for a new license and a fee of One Hundred Fifty Dollars ($150 00) shall accompany each application for renewal of a li- cense, and such fees shall not be refundable Section 6 Licensed Premises to be Open to Inspection All premises where any license hereunder is granted shall be open to inspection by any police or health officer at any time during which the place so licensed is open to the public for business Section 7 Minimum Requirements for Parlor Premises No license to operate a massage parlor or establishment shall be issued and a license previously issued may be revoked unless all inspections by the City reveal that the establishment complies with all the following requirements and all other applicable codes and ordinances of the City of Fort Collins A The premises for which the license is sought is located within a zoning district where such use is allowed by right or where such use is permitted by special review and approval thereof has been obtained or, the premises is a legal non-conforming use B A recognizable and legible sign shall be posted at a main entrance identifying the premises as a massage establishment -3- C ti C A white artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons, and such light shall be on at all times or such room or enclosure is in use D Minimum ventilation shall be provided in accordance with the codes of the City of Fort Collins E Adequate equipment for disinfecting and sterilizing instruments used in performing acts of massage shall be provided F Hot and cold running water shall be provided at all times G Closed cabinets shall be provided for the storage of clean linen H The establishment shall have separate facilities for female and male patrons These separate facilities shall each include the following as a minimum a dressing room containing a separate locker with functional lock for each patron served at one time, a tub or shower, a toilet, a washbasin and a massage room I 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, steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation Bath- tubs shall be thoroughly cleaned after each use J Clean and sanitary towels and linen shall be provided for each a patron of the establishment No common use of towels or linens shall be permitted K A minimum of one separate washbasin shall be provided in each massage establishment for the use of the 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 in the area devoted to the performing of massage services In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers L The building wherein the license is sought to be exercised shall be located more than 500 feet from any public or parochial school - '—_ —or the principal campus of any college, university, or seminary M The building wherein the license is sought to be exercised shall be located more than 500 feet from any other business operating under a massage parlor license -4- s k Section 8 Requirements for Operator and Employees A No license to operate a massage parlor or establishment shall be issued, and a license previously issued may be revoked, unless all persons who are to adminster massages and all persons who are to supervise the administering of massages are qualified by 1 Being a graduate of a school approved by the Colorado State Board of Community Colleges and Occupational Education wherein the method, profession and work of massage is taught as an occupation, or 2 Being a graduate of a school in any other state which has been approved by such state to teach massage as an occupation, so long as the state requirements for approval of such school are substantially similar to those in the state of Colorado B All persons on the premises who are engaging in the work of performing massages must be examined by a medical doctor within thirty (30) days immeaiately prior to the beginning of work and found free of any contagious or communicable disease There- after, a quarterly examination shall be required for each person who remains employed in such capacity The licensee shall be responsible for ensuring compliance with this provision Section 9 Identification Card The identification card required by the Colorado Massage Parlor Code shall be furnished by the Authority The card shall include a photograph of the applicant, licensee, agent or employee, shall indicate whether such person is qualified to administer massages and shall be signed by the Chief of Police of the City of Fort Collins A fee of Ten Dollars ($10 00) shall be paid for each cars to defray the expenses of providing such identity cards and photographs A separate identity card shall be required for each person for each place of employment, which shall be stated on the card Unless otherwise revoked or suspenaed, each identity card shall be valid for one (1) year from date of issuance Section 10 Change in Officers, Directors or Partners or Stock- holders Any change in officers, directors, partners or stock- holders shall be reported in writing within ten (10) days to the Licensing Authority If there are any new officers, directors, partners, or stock- holders, all information required upon initial application for a massage parlor license, as applicable, is required to be furnished to the Licensing - - -- - -- Authority, The Massage Parlor Licens-ing Authority may revoke any license when a change in officers, directors, partners, or stockholders is contrary to the provisions of 1973, C R S , Section 12-48 5-108 -5- Section 11 Business Hours It shall be unlawful for any person to operate a massage parlor between the hours of 9 00 o m and 8 00 a m Section 12 Alcoholic Beverages The consumption of alcoholic beverages shall not be allowed on any licensed premises at any time Introduced, considered favorably on first reading, and ordered pub- lished this 6th day of J�anua_r 190 and to be presented for final passage on the 20thday o a uar 19 1 yr ATTEST n p 1 s�2... City Lierk Passed and adopted on final readin t is 20thday of January , 19 81 P Ma rim ATTEST City Clerk -6-