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HomeMy WebLinkAbout071 - 08/06/1985 - AMENDING CITY CODE RELATING TO MASSAGE PARLORS (THERAPY) ORDINANCE NO. 71, 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE MASSAGE PARLOR (THERAPY) CODE OF THE CITY WHEREAS, the Council of the City of Fort Collins does hereby determine that it is in the best interests of the citizens of the City that the Massage Parlor Code of the City be amended and that the Article be referred to as "Massage Therapy." NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 73-142 of the Code of the City be repealed and readopted as follows: §73-142. Legislative intent. It is the intention of City Council to effectuate the licensing provision of §12-48.5-101 et seq. , Colorado Revised Statutes. Therefore, the licensing authority hereby created shall conduct its affairs in conformance with such code. Section 2. That Section 73-143 of the Code of the City of Fort Collins be repealed and readopted as follows: §73-143. Massage Licensing Authority; membership; duties. A. There is hereby created a Massage Licensing Authority with the duty and authority to grant or refuse massage licenses as defined in C.R.S. , §12-48.5-103(1) , to conduct investigations as are provided by law 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 body. No person holding a massage 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 constituting 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 a 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 Licensing Authority shall make a report to the City Council at least annually setting forth the number of applications 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. That Section 73-144 of the Code of the City of Fort Collins be repealed and readopted as follows: §73-144. Powers of Authority; licenses. The Massage 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 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 Massage Licensing Authority. Applications for massage licenses shall be filed with the City Clerk of the City of Fort Collins. Section 4. That Section 73-146 of the Code of the City of Fort Collins be repealed and readopted as follows: §73-145. Licensing fees. A fee of Fifty Dollars ($50.00) shall accompany each application for a new license, and a fee of Twenty-Five Dollars ($25.00) shall accompany each application for renewal of a license, and such fees shall not be refundable. Section 5. That Section 73-149 of the Code of the City of Fort Collins be repealed and readopted as follows: §73-146. Educational requirements. No license shall be issued, and a license previously issued may be revoked, unless all persons who are to administer massages and all persons who are to supervise the administering of massages are qualified by either: (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. (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. (3) Being certified by the American Massage Therapy Association. (4) Being under the direct supervision of a licensed medical , osteopathic or chiropractic doctor or licensed physical therapist. To insure direct supervision, such massages shall be performed as an adjunct service of the clinical practice of such doctor or therapist and shall be performed in the clinic or offices of such doctor or therapist. Section 6. That except as above repealed and readopted, Chapter 73 Article XX of the Code of the City of Fort Collins is hereby repealed. Introduced, considered favorably on first reading and ordered published this 16th day of July, A.D. 1985, and to be presented for final passage on the 6th day of August, A.D. 1985. // Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of August, A.D. 1985. 4edJ4 Assistant Mayor ATTEST: �� City