Wheat Ridge Municipal Code Chapter 16 Article X

Sec. 16-223. Purpose.

The purpose of this article is to promote the public health, safety and welfare of the citizens by regulating and licensing massage parlors.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-224. Authority.

This article is adopted under the authority conferred by C.R.S. § 31-15-401(1)(b) to make all regulations necessary or expedient for the promotion of health or suppression of disease and by C.R.S. § 12-48.5-118, which authorizes local government regulation of massage parlors.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-225. Applicability of state law.

All provisions of this article shall be construed in accordance with C.R.S., Title 12, Article 48.5 otherwise known as the “Colorado Massage Parlor Code.”

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-226. Definitions.

For the purposes of this article, the following words and phrases shall be defined as follows:

Conspicuous place. Any place within the premises at eye level and not obscured by anything at any time; allowing a direct line of sight from and to the reception area.

License. A city business license to be renewed annually.

Licensed premises. The premises specified in a license issued under this article within which massage may be performed.

Local licensing authority. The sales tax division of the administrative services department is the designated local licensing authority pursuant to C.R.S. § 12-48.5-103(3).

Massage. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft tissue of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice.

Massage parlor. Any facility providing massage, excluding training rooms 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, training rooms of recognized professional or amateur athletic teams, licensed health care facilities, and facilities which are operated for the purpose of massage therapy performed by licensed massage therapists pursuant to C.R.S. § 12-35.5-101 et seq.

Person. Any natural person, partnership, company, association, corporation, organization, or managing agent, servant, officer or employee of any of them.

Specified anatomical areas. The gluteal cleft, anus, male genitals, female genitals, pubic region, and female breasts below the point immediately above the top of the areolae.

(Ord. No. 1231, § 1, 10-22-01; Ord. No. 1504, § 1, 10-24-11)

Sec. 16-227. Unlawful acts.

(a) It is unlawful for any person:

(1) To operate a massage parlor within the city without a city business license issued pursuant to article II of chapter 11 of the Wheat Ridge Code of Laws;

(2) To be in or upon the premises of a massage parlor or to obtain the services provided in a massage parlor by misrepresentation of age or by any other method when such person is under eighteen (18) years of age, unless such person is accompanied by his or her parent or legal guardian, has a physician’s prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services;

(3) To allow the sale, giving, or procuring of any massage to any patron under the age of eighteen (18) years, unless such patron is accompanied by his or her parent or legal guardian, has a physician’s prescription for such massage services, or has a letter from his or her parent or legal guardian authorizing such services;

(4) To perform or permit to be performed in a massage parlor massage to a person whose specified anatomical areas are exposed unless that person is teaching infant massage to the parents of a child under the age of twenty-four (24) months. For the purposes of this subsection, specified anatomical areas shall not be deemed exposed if covered by a towel, sheet or other cloth used by massage therapists for such purpose in the normal course of practice.

(5) To fail to display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen (14) inches and a width of eleven (11) inches with each letter a minimum of one-half (½) inch in height, which shall read as follows:

WARNING

IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN’S PRESCRIPTION FOR SUCH MASSAGE SERVICES.

IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR LEGAL GUARDIAN, OR HAS A PHYSICIAN’S PRESCRIPTION FOR SUCH MASSAGE SERVICES.

FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE WHEAT RIDGE CODE OF LAWS AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES.

(6) To permit any narcotics or dangerous drugs on the licensed premises; or

(7) To permit any fermented malt beverages, or malt, vinous, or spirituous liquors on the licensed premises.

(b) No massage parlor shall be open for business between the hours of 12:00 midnight and 6:00 a.m.

(c) No employee of a massage parlor shall be present in such parlor unless fully clothed such as to be completely and opaquely covered from immediately below the collarbone to immediately above the ankle, including the arms to the elbow.

(d) All massage shall be administered in a conspicuous place on the premises.

(Ord. No. 1231, § 1, 10-22-01; Ord. No. 1504, § 2, 10-24-11)

Sec. 16-228. Right of entry.

(a) For purposes of ascertaining violations of this article and conducting routine inspections, the right of entry into a massage parlor during the hours such establishment is conducting business and at other times during which activity is in evidence is hereby granted to the chief of police of the Wheat Ridge Police Department, or his or her authorized representative, all of whom are empowered to conduct a reasonable inspection or investigation.

(b) It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized under the terms of this article.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-229. License required; display.

A massage parlor shall prominently display its current license on the licensed premises.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-230. Applications.

(a) Applications for massage parlor licenses shall be on forms prescribed by the local massage parlor licensing authority, filed at the offices of the local massage parlor licensing authority, and shall contain at a minimum:

(1) The name, nickname, current address, date of birth, height, weight, color of hair and eyes, social security number, and driver’s license number and issuing state of each individual applicant, partner of a partnership, officer, director and holder of over ten (10) percent of the corporate stock of the corporate applicant, and all managers thereof;

(2) Proof of the applicant’s right to possession of the premises;

(3) Evidence from the Wheat Ridge Planning Department that the proposed establishment meets the zoning requirements of the Wheat Ridge Code of Laws;

(4) In the event the licensed premises constitutes a “home occupation” as defined by section 26-123 of the Wheat Ridge Code of Laws, proof that the premises conforms with all standards and requirements of a “home occupation” under section 26-1101 of the Wheat Ridge Code of Laws;

(5) A financial questionnaire and consent to release financial information; and

(6) Each corporate applicant shall furnish evidence that it is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado.

(b) Every applicant, licensee, or agent or employee of said applicant or licensee shall, prior to commencing work in or upon the licensed premises of a massage parlor, obtain an identity card from the city’s police department in a form prescribed by the local licensing authority and shall carry said identity card at all times in or upon the licensed premises.

(c) The city treasurer shall not accept any application that is not complete in every detail. If an omission or error is discovered by the city treasurer, the application shall be rejected and returned to the applicant without further action. All fees shall be returned with the application. For purposes of this article, the date the city treasurer accepts an application which is complete in every detail shall be the filing date.

(Ord. No. 1231, § 1, 10-22-01; Ord. No. 1504, § 3, 10-24-11)

Sec. 16-231. License term; renewal; fees.

(a) All licenses granted pursuant to this article shall expire and be renewed pursuant to section 11-27 of the Wheat Ridge Code of Laws.

(b) The following schedule of fees shall apply:

Initial application fee for a massage parlor …..$50.00

Massage parlor, per year …..50.00

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-232. Denial.

A license application or renewal application may be denied for any of the reasons enumerated in section 11-28 of the Wheat Ridge Code of Laws.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-233. Suspension, revocation, cancellation; hearing.

(a) Licenses issued pursuant to this article may be suspended, revoked and cancelled under the terms of section 11-31 of the Wheat Ridge Code of Laws.

(b) When a license is suspended, revoked, cancelled, or denied, the licensee or applicant shall be given notice thereof and an opportunity to request a hearing. Such notice and hearing shall be conducted in accordance with section 11-32 of the Wheat Ridge Code of Laws.

(c) Nothing in this section shall prohibit the city from taking any other enforcement action provided for by the Wheat Ridge Code of Laws, the laws of the state, or of the United States.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-234. Location of massage parlors.

(a) It is unlawful to cause or permit the operation of a massage parlor which is in violation of the zoning requirements of the Wheat Ridge Code of Laws.

(b) It is unlawful to cause or permit the operation of a massage parlor within seven hundred fifty (750) feet of:

(1) A church;

(2) A day care center or school, as defined in chapter 26 of the Wheat Ridge Code of Laws;

(3) A public park;

(4) A boundary of any residential district; or

(5) The property line of a lot devoted to residential use.

(c) It is unlawful to cause or permit the operation of a massage parlor within one thousand (1,000) feet of another massage parlor or sexually oriented business licensed under chapter 3 of the Wheat Ridge Code of Laws.

(d) It is unlawful to cause or permit the operation or maintenance of more than one (1) massage parlor in the same building, structure, or portion thereof.

(e) For the purposes of subsection (c) of this section, the distance between any two (2) structures shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. The distance between a massage parlor and the uses listed in subsection (b) above shall be measured in a straight line, without regard to intervening structures or objects, from the closest point of the property line of such use to the closest exterior wall of the structure in which the massage parlor is located.

(f) Any massage parlor lawfully operating on the effective date of this article that is in violation of subsections (b) or (c) of this section shall be allowed to continue operating for an amortization period of six (6) months. Six (6) months after this article becomes effective, all massage parlors must comply with subsections (b) and (c) of this section and all other provisions of this article.

(g) A massage parlor lawfully operating is not rendered a nonconforming use by the subsequent location of a church, day care center or school, as defined in chapter 26 of the Wheat Ridge Code of Laws, public park, residential district or residential lot within seven hundred fifty (750) feet of the massage parlor; however, if the massage parlor ceases operation for a period of one hundred eighty (180) days or more, regardless of any intent to resume operation, it may not recommence operation in that location.

(h) Any change in location of a massage parlor requires a new application under section 16-247 [16-230] of this article.

(Ord. No. 1231, § 1, 10-22-01)

Sec. 16-235. Exemptions.

The following places where massage may occur are exempted from the requirements of this article:

(1) Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated to medical or nursing practices licensed under the laws of this state where massage and baths may be given;

(2) Institutions of learning established for massage therapy instruction under C.R.S. Title 12, Article 59;

(3) Training rooms of public and private schools accredited by the state board of education or approved by the state board of community colleges and occupational education, and training rooms of recognized professional or amateur athletic teams; and

(4) Health care facilities licensed by the State of Colorado not specified in this article.

(Ord. No. 1231, § 1, 10-22-01)

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