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HomeMy WebLinkAbout153 - 11/04/1986 - AMENDING CITY CODE RELATING TO MASSAGE THERAPY ORDINANCE NO. 153, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE MASSAGE THERAPY CODE OF THE CITY OF FORT COLLINS WHEREAS, the Council of the City of Fort Collins does hereby determine that it is in the best interest of the City that the Massage Therapy Code of the City be amended by the addition of a requirement that the applicant "post" the premises in accordance with State law and by the addition of a rebuttable presumption that the relevant "neighborhood" is within a one mile radius of the proposed establishment and by the addition of provisions pertaining to presentation of petitions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 73 of the Code of the City be amended by the addition of a new Section 73-147 as follows: §73-147. Posting, presumption of neighborhood, petitions. (A) The applicant shall cause to be posted the required public notice for all hearings to be held on new massage license applications. Where the building for which the license is sought is in existence at the time of the application, the sign shall be placed on the premises so as to be conspicuous to the general public from the exterior of the building. If the building is not in existence at the time of the application, the sign shall be posted upon the premises upon which the building is to be constructed in such manner that it shall be conspicuous and plainly visible to the general public. The applicant shall provide to the City Clerk evidence of such posting which shall consist of a photograph of the posted sign in place, together with an affidavit of posting. (B) There is hereby established a rebuttable presumption that the relevant neighborhood most likely to be affected by the applicant's proposed establishment is that area surrounding such establishment at a distance of one mile therefrom on all sides, squared to the nearest street and including both sides of any boundary streets . Evidence may be presented by any party-in-interest at the public hearing on the application for the purpose of modifying in any way the geographic extent of the presumed relevant neighborhood. Petitions favoring or opposing the license applied for may be presented at the hearing. Petitions may be circulated only within the delineated boundaries of the neighborhood by the applicant or any person opposing the license or an agent or representative of either applicant or protestant. Each person signing the petition shall sign only his/her own name, address and age or otherwise indicate that such person is at least eighteen years of age. The date when the signature is affixed to the petition shall be put on the petition by the party signing the same. No signatures shall be considered which are dated prior to the date the application was received by the Authority and the boundaries of the neighborhood established. Each petition shall contain a verified statement signed by the circulator of the petition that the circulator personally witnessed each signature appearing on the petition and that each signature thereon is the signature of the person whose name it purports to be and that the address given opposite that person's name is the true business or residence address of the person signing the petition. Introduced, considered favorably on first reading and ordered published this 21st day of October, A.D. 1986, and to be presented for final passage on the 4th day of November, A.D. 1986. Mayor ATTEST: City Clerk 1986. Passed and adopted on final reading this 4th day of November, A.D. Mayo ATT�� City Clerk