|
|
|
 |
MASSAGE PARLORS
Sections:
5.52.010 Purpose.
5.52.020 Definitions.
5.52.030 Licensing authority established.
5.52.040 License required-Display.
5.52.050 Application fee.
5.52.060 License application.
5.52.070 Public notice-Posting and publication.
5.52.080 Investigation.
5.52.090 Results of investigation-Decision of authority-Change
of financial interest.
5.52.100 Renewals.
5.52.110 Transfer of ownership.
5.52.120 Location of massage parlors.
5.52.130 License term-Fees.
5.52.140 Identity cards.
5.52.150 Suspension-Revocation-Denial of ID card-Hearings.
5.52.160 Persons prohibited as licensees.
5.52.170 Unlawful acts.
5.52.180 Penalty.
5.52.190 Employee apparel.
5.52.200 Right of entry.
5.52.210 Exemptions.
5.52.220 Severability.
5.52.010 Purpose.
This chapter is enacted for the purpose of promoting the health, safety, and
welfare of the citizens of the city by regulating and licensing massage parlors.
(Ord. O-93-14 § 2 (part), 1993).
5.52.020 Definitions.
As used in this chapter, unless the context otherwise requires, the following
words and terms shall be defined as follows:
"License" means a grant to a licensee to operate a massage parlor.
"Licensed premises" means the premises specified in an approved application
for a license under this chapter which are owned or in the possession of the
licensee and within which such licensee is authorized to carry on the practice
of massage.
"Licensing authority" or "authority" means the massage parlor
licensing authority of the city.
"Location" means a particular parcel of land that may be identified
by an address or by other descriptive means.
"Massage" means a method of treating the body of another for medical,
remedial or hygienic purposes, including but not limited to rubbing, stroking,
kneading, or tapping with the hand or an instrument or both.
"Massage parlor" means an establishment providing massage, but it
does not include training rooms of public or 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, or licensed health care facilities. A facility which
is operated for the purpose of massage therapy performed by a massage therapist
is not a massage parlor. For purposes of this subsection, "massage therapist"
means a person who was graduated from a massage therapy school accredited by
the state educational board or division charged with the responsibility of approving
private occupational schools, or from a school with comparable approval or accreditation
from another state with transcripts indicating completion of at least five hundred
hours of training in massage therapy. For purposes of this subsection, a massage
therapy school may include an equivalency program approved by the state educational
board or division charged with the responsibility of approving private occupational
schools.
"Person" means a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organization,
or the manager, lessee, agent, servant, officer, or employee of any of them.
"Premises" means a distinct and definite location which may include
a building, a part of a building, a room, or any other definite area contiguous
thereto. (Ord. O-93-14 § 2 (part), 1993).
5.52.030 Licensing authority established.
A. There is established a massage parlor licensing authority, which shall have and is vested with the authority to grant or refuse licenses for massage parlors based upon the criteria set forth herein and state law, to conduct investigations, and to suspend or revoke such licenses for cause in the manner provided by this chapter.
B. Hereinafter, the massage parlor licensing authority shall be the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
C. The authority shall meet as needed.
D. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of all fees as are required by this chapter. All public notices required by this chapter shall be accomplished by the City Clerk.
E. The Code Administration Officer in the City Clerk's office shall also be the massage parlor inspector, who shall perform routine periodic inspections of the licensed premises and such other duties as the massage parlor licensing authority may reasonably direct. Public notice by posting of signs required by this chapter shall be accomplished by the inspector. (Ord. O-2008-10 § 4, 2008; Ord. O-93-14 § 2 (part), 1993).
5.52.040 License required-Display.
A. It is unlawful for any person to operate a massage parlor within this city
unless such person shall have first obtained a massage parlor license from the
city.
B. Such license shall be prominently displayed at all times upon the premises
for which the license was issued. (Ord. O-93-14 § 2 (part), 1993).
5.52.050 Application fee.
Each applicant, whether an individual, partnership, or corporation, shall pay
an application fee of one hundred fifty dollars at the time of filing an application.
Such application fee shall be nonrefundable. (Ord. O-93-14 § 2 (part),
1993).
5.52.060 License application.
A. Applications for a license under the provisions of this chapter shall be
on forms prepared and furnished by the City Clerk which shall set forth such
information as the licensing authority requires to enable the authority to determine
whether a license should be granted. Each individual applicant, partner of a
partnership, officer, director, and holder of over ten percent of the corporate
stock of the corporate applicant, and all managers, shall be named in each application
form, and each of them shall be photographed and fingerprinted by the Lakewood
Police Department. Each individual applicant, partnership, and corporate applicant
shall also furnish evidence from the Lakewood Planning, Permits and Public Works
Department that the proposed establishment meets the requirements of the City
of Lakewood zoning ordinance, proof of the applicant's right to possession of
the premises, complete plans and specifications for the premises, a financial
questionnaire, a background investigation report, and consent to release financial
information and any other information necessary to complete the investigation
of the applicant. 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. The City Clerk shall not accept any application that is not complete in every
detail. If an omission or error is discovered by the City Clerk, the application
shall be rejected and returned to the applicant for completion or correction
without further action by the City Clerk. All fees shall be returned with the
application. For purposes of this chapter, the date the City Clerk accepts an
application which is complete in every detail shall be the filing date.
C. Upon receipt of a complete application for a license to operate a massage
parlor, the City Clerk shall set the boundaries of the neighborhood to be considered
pursuant to Section 5.52.090(B) of this chapter in determining whether or not
to grant said license. (Ord. O-93-14 § 2 (part), 1993).
5.52.070 Public notice-Posting and publication.
A. Upon receipt of a complete application, except an application for renewal
or for transfer of ownership, the licensing authority shall schedule a public
hearing upon the application not less than thirty
days after the filing date of the application and shall post and publish the
public notice thereof not less than ten days prior to such hearing. Public notice
shall be given by the posting of a sign in a conspicuous place on the premises
for which application has been made and by publication in a newspaper of general
circulation in the municipality or county in which the premises are located.
B. Notice given by posting shall include a sign of suitable material, stating
the type of license applied for, the date of the application, the date of the
hearing, the name and address of the applicant, and such other information as
may be required to fully apprise the public of the nature of the application.
If the applicant is a partnership, the sign shall contain the names and addresses
of all partners, and, if the applicant is a corporation, association, or other
organization, the sign shall contain the names and addresses of the president,
vice-president, secretary, and manager.
C. Notice given by publication shall contain the same information as that required
for signs.
D. If the building in which the massage parlor is to be operated is in existence
at the time of the application, any sign posted as required in subsections (A)
and (B) of this section shall be placed so as to be conspicuous and plainly
visible to the general public. If the building is not constructed at the time
of the application, the applicant shall post the premises upon which the building
is to be constructed in such a manner that the notice shall be conspicuous and
plainly visible to the general public.
E. At the public hearing held pursuant to this section, any party in interest
shall be allowed to present evidence and cross-examine witnesses. As used in
this chapter, "party in interest" includes the applicant, a resident
of the neighborhood under consideration, or the owner or manager of a business
located in the neighborhood under consideration.
F. The licensing authority, in its discretion, may limit the presentation of
evidence and cross-examination so as to prevent repetitive and cumulative evidence
or examination. (Ord. O-93-14 § 2 (part), 1993).
5.52.080 Investigation.
A. When a complete application has been accepted for filing, the required individuals
have been fingerprinted and photographed, and the license fee has been paid,
the City Clerk shall transmit the application to the Lakewood Police Department
for investigation of the background and financial interest of each individual
applicant, each partner holding over ten percent interest of a partnership,
each officer, director, and holder of over ten percent of the stock of a corporation
of a proposed massage parlor establishment. The Police Department shall also
investigate the source of funds for the business. Each applicant shall pay a
nonrefundable investigation fee at the time the application is filed in the
amount then charged by the Colorado Department of Public Safety for each person
who will be investigated.
B. *1* The investigation conducted by the Lakewood Police Department shall be
sufficient to verify the accuracy of all the information submitted as part of
the application. The Lakewood Police Department shall make a recommendation
to the licensing authority to approve or deny the license based on its investigation.
In investigating the qualifications of any applicant, licensee, or employee
or agent of the licensee or applicant, the licensing authority may have access
to criminal history record information furnished by criminal justice agencies
subject to any restrictions imposed by such agencies. In the event the licensing
authority takes into consideration information concerning the applicant's criminal
history record, the licensing authority shall also consider any information
provided by the applicant regarding such criminal history record, including
but not limited to evidence of rehabilitation, character references, and educational
achievements, especially those items pertaining to the period of time between
the applicant's last criminal conviction and the consideration of his application
for a license.
2. As used in this subsection (B), "criminal justice agency" means
any federal, state, or municipal court or any governmental agency or subunit
of such agency which performs the administration of criminal justice pursuant
to a statute or executive order and which allocates a substantial part of its
annual budget to the administration of criminal justice.
C. No application for a massage parlor license at a particular location by or
on behalf of the same person shall be received or acted upon concerning a location
for which, within two years preceding, the local licensing authority has refused
to approve a license on the ground, in whole or in part, that the licenses already
granted for the particular locality were adequate for the reasonable requirements
of the neighborhood and the desires of the inhabitants at the time of such refusal.
(Ord. O-93-14 § 2 (part), 1993).
5.52.090 Results of investigation-Decision of authority-Change
of financial interest.
A. Not less than five days prior to the date of the hearing, the city shall
make known its findings based upon its investigation, in writing, to the applicant
and other interested parties. The licensing authority has authority to refuse
to issue any license, subject to judicial review.
B. Before entering any decision approving or denying the application, the licensing
authority shall consider, except where this chapter specifically provides otherwise,
the facts and evidence produced as a result of the investigation, including
the reasonable requirements of the neighborhood for the license for which application
has been made, the desires of the inhabitants, the number, type, and availability
of other massage parlors located in or near the neighborhood under consideration,
and any other pertinent matters affecting qualifications of the applicant for
the conduct of the business proposed.
C. Any decision of a licensing authority approving or denying an application
shall be in writing stating the reasons therefor and shall be made within thirty
days after the date of the public hearing, and a copy of such decision shall
be sent by certified mail to the applicant at the address shown in the application.
D. No license shall be issued by the licensing authority after approval of an
application until the building in which the business is to be conducted is ready
for occupancy with such furniture, fixtures, and equipment in place as are necessary
to comply with the provisions of this chapter, and then only after inspection
of the premises has been made by the licensing authority to determine that the
applicant has complied with the plans and specifications submitted upon application.
If the building has not been constructed or placed in operation within one year
after approval of the license application or construction of the building has
not been commenced within one year after such approval, the licensing authority,
in its discretion, may revoke or elect not to renew the license.
E. Any change in the partners holding over ten percent in interest of a partnership
or in the officers, directors, or holders of over ten percent of the stock of
a corporate licensee holding a massage parlor license shall result in termination
of the license of the partnership or corporation, unless such licensee within
thirty days after such change, files a written notice of such change with the
City Clerk on forms provided by the City Clerk, together with the required fees,
fingerprints, and photographs. The Lakewood Police Department shall thereafter
conduct an investigation and make a recommendation as set out in Section 5.52.080.
F. Each license issued under this chapter is separate and distinct, and no person
shall exercise any of the privileges granted under any license other than that
which he holds. A separate license shall be issued for each specific business
or business entity and each geographical location. (Ord. O-93-14 § 2 (part),
1993).
5.52.100 Renewals.
Application for the renewal of an existing license shall be made to the licensing
authority not less than forty-five days prior to the date of expiration. The
licensing authority may cause a hearing on the application or renewal to be
held. No such renewal hearing shall be held by the licensing authority until
a notice of hearing has been conspicuously posted on the licensed premises for
a period of ten days and notice of the hearing has been provided the applicant
at least ten days prior to the hearing. The licensing authority, in its discretion,
may revoke or elect not to renew a license if it determines that the licensed
premises have been inactive for at least three months. The licensing authority
may also refuse to renew any license for good cause, subject to judicial review.
(Ord. O-93-14 § 2 (part), 1993).
5.52.110 Transfer of ownership.
A. Application shall be made to the licensing authority prior to any transfer
of ownership on forms prepared and furnished by the licensing authority. In
determining whether to permit a transfer of ownership, the licensing authority
shall consider the requirements of Section 5.52.160. The licensing authority
may cause a hearing on the application for transfer of ownership to be held.
No such hearing shall be held by the licensing authority until the notice of
hearing has been conspicuously posted on the licensed premises for a period
of ten days and written notice of the hearing has been provided the applicant
at least ten days prior to the hearing.
B. When a license has been issued to a husband and wife or to general or limited
partners, the death of a spouse or partner shall not require the surviving spouse
or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors
for the balance of the license. (Ord. O-93-14 § 2 (part), 1993).
5.52.120 Location of massage parlors.
A. It is unlawful to operate or cause to be operated a massage parlor which
is in violation of the Lakewood zoning ordinance.
B. It is unlawful to operate or cause to be operated a massage parlor within
seven hundred fifty feet of:
1. A church;
2 A school or child care facility, as defined in the Lakewood Zoning Code;
3. A public park;
4. A boundary of any residential district;
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 feet of another massage parlor or an adult business licensed under
Title 5, Chapter 47 of the Lakewood Municipal Code.
D. It is unlawful to cause or permit the operation, or maintenance of more than
one massage parlor in the same building, structure, or portion thereof.
E. For the purposes of subsections (B) and (C) above, the distance between any
two massage parlors 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 (B)(1) through (B)(5) 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 chapter
that is in violation of subsections (B) through (E) of this section shall be
allowed to continue operating for an amortization period of six months. Six
months after this ordinance becomes effective, all massage parlors must comply
with subsections (B) through (E) of this section and all other provisions of
this chapter.
G. A massage parlor lawfully operating is not rendered a nonconforming use by
the subsequent location of a church, a school or child care facility, as defined
in the Lakewood Zoning Code, public park, residential district, a residential
lot, or adult business within seven hundred fifty feet of the massage parlor;
however, if the massage parlor ceases operation for a period of one hundred
eighty days or more regardless of any intent to resume operation, it may not
recommence operation in that location.
H. No changes of location for a licensed massage parlor shall be allowed. (Ord.
O-93-14 § 2 (part), 1993).
5.52.130 License term-Fees.
A. All licenses granted pursuant to this chapter shall be for a term of one
year. Said term shall commence on the date the license is issued or renewed.
B. The license fee for a new license shall be three hundred fifty dollars. The
annual license renewal fee shall be one hundred fifty dollars.
C. In the event of a suspension, revocation, or cessation of business, no portion
of the license fee shall be refunded. (Ord. O-93-14 § 2 (part), 1993).
5.52.140 Identity cards.
A. Every applicant, licensee, agent or employee of said applicant or licensee
who administers massages shall, prior to commencing work in or upon the licensed
premises, obtain an identity card from the City Clerk and shall carry said identity
card at all times while in or upon the licensed premises.
B. The identity card shall include the location of the massage parlor, the name,
signature, and photograph of the individual. A fee of fifty dollars shall be
charged for each card, said fee to be collected by the City Clerk and used to
defray the expenses of providing such identity cards. A separate identity card
shall be required for each person for each place of employment.
C. Each applicant for an identity card shall be photographed and fingerprinted
by the Police Department and must submit an application form, background investigation
report, a copy of a valid picture driver's license or other form of acceptable
picture identification, and the required identity card and investigation fees
to the City Clerk. Upon receipt of a properly completed application form, acceptable
form of identification, and fee, the City Clerk shall transmit the application
to the Lakewood Police Department for investigation of the applicant's background.
The City Clerk shall reject any application that is not complete in every detail.
D. Within forty-five days after filing of a properly completed application for
an identity card, the City Clerk will either issue the requested identity card
or notify the applicant that the Police Department has recommended denial of
the identity card. The Police Department may request a reasonable extension
of time from the City Clerk if such extension of time is necessary in order
to complete its investigation. Notice of denial of an identity card setting
out the grounds for denial shall be sent by certified mail to the applicant
at the address provided by the applicant. The grounds for denial shall be those
set out in this section and Section 5.52.160 herein. In the event of a denial,
an applicant shall have the right to a hearing before the licensing authority
as set forth in Section 5.52.150.
E. Should any identity card be lost, stolen, or otherwise missing, the person
to whom the identity card was issued shall report the missing card to the City
Clerk within forty-eight hours of discovery that the identity card is missing.
Replacement identity cards shall be issued within five business days of receipt
of an application for a replacement identity card. The fee for a replacement
card shall be ten dollars. (Ord. O-93-14 § 2 (part), 1993).
5.52.150 Suspension-Revocation-Denial of ID card-Hearings.
A. The licensing authority may suspend or revoke any license granted pursuant
to this chapter upon a finding of the following:
1. That repeated disturbances of the public peace involving patrons, agents
or employees, or the licensee of the establishment have occurred within the
licensed establishment or upon any parking areas, sidewalks, access ways or
grounds within the neighborhood of the licensed establishment;
2. That the licensee or any agents or employees thereof are illegally offering
for sale or illegally allowing to be sold or consumed upon the licensed premises,
or upon any parking areas, sidewalks, walkways, access ways or grounds immediately
adjacent to the licensed premises, narcotics or dangerous drugs, fermented malt
beverages, or malt, vinous or spirituous beverages;
3. That the licensee or any agents or employees thereof permitted patrons to
engage in public displays of indecency prohibited by Lakewood Municipal Code
Sections 9.50.080 and 9.50.090, or permitted patrons or employees to engage
in acts of prostitution or negotiations for acts of prostitution within the
licensed establishment, or upon any parking areas, sidewalks, access ways, or
grounds immediately adjacent to the licensed establishment, when the licensee
or agent or employee knew or should have known such displays or acts were taking
place;
4. That the licensee made a false statement or gave false information in connection
with an application for or renewal of a massage parlor license;
5. That the licensee violated or permitted a violation of any provisions of
this chapter.
B. Nothing in this chapter shall prohibit the city from taking any other enforcement
action provided for by the Lakewood Municipal Code, the laws of the state, or
of the United States.
C. A licensee shall be entitled to a hearing before the licensing authority
if the City Attorney files a written complaint with the licensing authority
seeking to suspend or revoke a license.
1. When there is probable cause to believe that a licensee has committed or
has allowed to be committed acts which are grounds for suspension or revocation
under this chapter, the City Attorney may file a written complaint with the
licensing authority setting forth the circumstances of such acts.
2. The licensing authority shall provide a copy of the complaint to the licensee,
together with notice to appear before the licensing authority or his designee
for the purpose of a hearing on a specified date to show cause why the licensee's
license should not be suspended or revoked.
3. At the hearing referred to above, the licensing authority shall hear and
consider relevant evidence from any witness. Evidence in support of the charges
shall be given first, followed by cross-examination of those testifying thereto.
The licensee, in person or by counsel, shall then be permitted to give evidence
in defense and in explanation, and shall be allowed to give evidence and statements
in mitigation of the charges. In the event the licensee is found to have committed
the violation charged, evidence and statements in aggravation of the offense
shall also be permitted. The licensing authority shall make findings of fact
from the evidence as to whether a violation has occurred. If the licensing authority
determines that a violation did occur, it shall issue an order within thirty
days after the hearing suspending or revoking the licensee's license based on
its findings of facts. No suspension shall be for a longer period than six months.
A copy of the findings and order shall be mailed to or served on the licensee
at the address on the license.
4. The order of the licensing authority made pursuant to subsection (C)(3) above
shall be a final decision and may be appealed to the District Court pursuant
to Colorado Rules of Civil Procedure 106(a)(4). Failure of a licensee to appeal
said order in a timely manner shall constitute a waiver of any right a licensee
may otherwise have to contest the suspension or revocation of his license.
5.*a.*The licensing authority has the power to administer oaths and issue subpoenas
to require the presence of persons and production of papers, books, and records
necessary to the determination of any hearing which the licensing authority
conducts. It is unlawful for any person to fail to comply with any subpoena
issued by the licensing authority.
b. A subpoena shall be served in the same manner as a subpoena issued by the
District Court of the state. Upon failure of any witness to comply with such
subpoena, the City Attorney shall:
i. Petition any judge of the Municipal Court of the city, setting forth that
due notice has been given of the time and place of attendance of the witness
and the service of the subpoena, that the court after hearing evidence in support
of or contrary to the petition, enter its order compelling the witness to attend
and testify or produce books, records or other evidence, under penalty of punishment
for contempt in case of willful failure to comply with such order of court;
or
ii. Petition the District Court in and for the county, setting forth that due
notice has been given of the time and place of attendance of the witness and
the service of the subpoena, that the court after hearing evidence in support
of or contrary to the petition, enter its order as in other civil actions, compelling
the witness to attend and testify or produce books, records or other evidence,
under penalty of punishment for contempt in case of willful failure to comply
with such order of court.
D. The City Attorney may act on behalf of the city during hearings before the
licensing authority.
E. All hearings held before the licensing authority under this chapter shall
be recorded stenographically or by electronic recording device. Any person requesting
a transcript of such record shall post a deposit in the amount required by the
City Clerk, and shall pay all costs of preparing such record. (Ord. O-93-14
§ 2 (part), 1993).
5.52.160 Persons prohibited as licensees.
No license provided by this chapter shall be issued to or held by:
A. Any corporation, any of whose officers, directors, or stockholders holding
more than ten percent of the stock thereof are not of good moral character;
B. Any partnership, association, or company, any of whose officers, or any of
whose members holding more than ten percent interest therein, are not of good
moral character;
C. Any person employing, assisted by, or financed in whole or in part by any
other person who is not of good character and reputation satisfactory to the
licensing authority;
D. Any sheriff, deputy sheriff, police officer, or prosecuting officer or any
of the licensing authority's inspectors or employees;
E. Any person unless he is, with respect to his character, record, and reputation,
satisfactory to the licensing authority. (Ord. O-93-14 § 2 (part), 1993).
5.52.170 Unlawful acts.
A. It is unlawful for any person:
1. To operate a massage parlor anywhere within the city without holding a valid
Lakewood massage parlor license;
2. To work in or upon the licensed premises of a massage parlor administering
massages without obtaining and displaying a valid identity card pursuant to
Section 5.52.140 of this chapter;
3. 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
in any place where massage is practiced when such person is under eighteen years
of age, unless such person is accompanied by his parent or legal guardian, or
has a physician's prescription for such massage services;
4. To allow the sale, giving, or procuring of any massage services to any person
under the age of eighteen years, unless such person is accompanied by his parent
or legal guardian, or has a physician's prescription for such massage services;
5. To employ any person under the age of eighteen years in a massage parlor;
however, if any person who is not eighteen years of age exhibits a fraudulent
proof of age that he is eighteen years of age or older, any action relying on
such fraudulent proof of age shall not constitute grounds for the revocation
or suspension of any license issued under this chapter for violation of subsection
(A)(3) through (5) of this section, unless the person inspecting such proof
of age knew or should have known that it was fraudulent;
6. To fail to display at all times in a prominent place on the licensed premises
a printed card with a minimum height of fourteen inches and a width of eleven
inches with each letter a minimum of one-half inch in height, which shall read
as follows:
WARNING
IT IS ILLEGAL FOR ANY 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.
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 LAKEWOOD MUNICIPAL CODE AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES.
7. To permit any narcotics or dangerous drugs on the licensed premises;
8. To permit any fermented malt beverages, or malt, vinous, or spirituous liquors
on the licensed premises;
9. To administer a massage or permit any massage to be administered to a patron
whose genitals, anus, or female breasts are exposed during the massage treatment;
and no patron of a massage parlor shall knowingly expose his or her genitals,
anus, or female breasts during a massage;
10. To intentionally touch or permit any other person to touch the genitals,
anus, or female breasts of any other person while on the licensed premises;
11. To engage in, encourage, or request, or to permit any person to engage in,
encourage, or request acts of masturbation while on the licensed premises;
12. To interfere with or refuse to permit any inspection of the licensed premises
by the Lakewood Police Department or agent of the city.
B. No massage parlor shall be open for business between the hours of twelve
midnight and six a.m. (Ord. O-93-14 § 2 (part), 1993).
5.52.180 Penalty.
A. Any person violating any provision of this chapter shall be punished pursuant
to Chapter 1.16 of the Lakewood Municipal Code.
B. The penalties provided in this section shall not be affected by the penalties
provided in any other section of this chapter but shall be construed to be an
addition to any other penalties. (Ord. O-93-14 § 2 (part), 1993).
5.52.190 Employee apparel.
All employees shall wear clothing that covers the pubic area, perineum, buttocks,
cleft of the buttocks, and entire chest to four inches below the collar bone
and legs not exposed more than six inches above the knees. No transparent clothing
shall be permitted. (Ord. O-93-14 § 2 (part), 1993).
5.52.200 Right of entry.
The application for a massage parlor license shall constitute consent of the
licensee and his or her agents or employees to permit the Lakewood Police Department
or any other agent of the city to conduct routine inspections of any licensed
massage parlor during the hours the establishment is conducting business and
at other times during which activity on the premises is in evidence. (Ord. O-93-14
§ 2 (part), 1993).
5.52.210 Exemptions.
The following classes of persons and establishments are exempted from this ordinance:
A. Physicians, osteopaths, physical therapists, chiropodists, chiropractors
or podiatrists licensed or registered to practice in this state while performing
such services in the practice of their respective professions;
B. Registered nurses and licensed practical nurses who are licensed to practice
in this state while performing such services in their usual nursing duties;
C. Barbers and cosmetologists duly licensed under the laws of this state in
the course of practice of their usual and ordinary licensed vocation and profession,
as defined in C.R.S. Section 12-8-101, et seq.;
D. 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;
E. Massage practiced in an institution of learning established for such instruction
under C.R.S., Title 12, Article 59;
F. Training rooms of public and private schools accredited by the State Board
of Education or approved by the State Board for Community Colleges and Occupational
Education, and training rooms of recognized professional or amateur athletic
teams;
G. Health care facilities licensed by the State of Colorado, and not specified
in this chapter;
H. Massage therapists as defined in Section 5.52.020 of this chapter. (Ord.
O-93-14 § 2 (part), 1993).
5.52.220 Severability.
If any paragraph or subparagraph of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not invalidate the
remainder of this chapter and, to this end, the provisions of this chapter are
declared to be severable. (Ord. O-93-14 § 2 (part), 1993).
 |
||
Americans with Disability Act (ADA) Notice |
||
