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MASSAGE PARLOR LICENSE APPLICATION To obtain information regarding (City of Thornton)

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MASSAGE PARLOR LICENSE APPLICATION
To obtain information regarding a Massage Parlor License, you can print
and complete the Application Form, as well as review the City Code and
CRS Section in the following documents. If you have questions, please call
303-538-7230.
(licenses/application documents/massage parlor/6.2006)
MASSAGE PARLOR LICENSE
Checklist
City Clerk’s office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
ALL Documents must be properly executed and correspond with name of applicant exactly.
Please type or print legibly in BLACK ink.
Clear copies of all other information may be submitted.
New License Application
Completed Application.
$350.00 Annual License Fee plus $250.00 non-refundable Application Fee.
City Sales Tax Application - submitted to Sales Tax Division 303-538-7400.
Zoning Referral Form signed by the City Development Department.
A current certificate and a straight-line drawing prepared within 30 days prior to initial application by a
Colorado registered land surveyor evidencing compliance with location restrictions in City Code Section 42-
379(b).
A copy of the deed or lease which shows that the applicant has legal possession of the premises by virtue
of ownership or under a lease. If leased, or under contract to purchase or lease, include the name and
address of landlord and term of lease.
Diagram of the premises.
Contact the Building Inspection Division 303-538-7250 to apply for a Certificate of Occupancy.
¾ If new construction, submit six sets of plans for review before starting construction.
¾ If a development permit is required it must be issued before a Certificate of Occupancy can be issued.
¾ The City can not issue the license until the Certificate of Occupancy has been issued.
Authorization to Release and Background Investigation forms will need to be completed for investigation of
the background, character and financial responsibility of each individual applicant, partner, officer, director
and/or holder of the corporate stock, and all managers of the proposed establishment.
Each individual must be fingerprinted at the Thornton Police Department on Wednesday between 12:30
p.m. and 4:30 p.m.
Copy of Driver’s License or other acceptable picture identification.
If a Corporation, a Certificate of Incorporation (if corporation is less than two years old) or current Certificate
of Good Standing.
Two recent photographs 2” x 2”.
Renewal Application
Completed Application.
$350 Annual License Fee.
Attach a copy of the lease if there have been any changes, assignments or changes in parties to the lease
since the date of filing the last license application. Please identify any new parties to the lease and give
their address.
If there are any new individuals (i.e., manager, applicant, partner, officer, director and/or holder of the
corporate stock), Authorization to Release and Background Investigation forms will need to be completed
for investigation of the background, character and financial responsibility.
Each new individual must be fingerprinted at the Thornton Police Department on Wednesday between
12:30 p.m. and 4:30 p.m.
Copy of Driver’s License or other acceptable picture identification.
If a Corporation, a current Certificate of Good Standing.
(licenses/application documents/massage parlor/6.2006)
MASSAGE PARLOR LICENSE APPLICATION
Chapter 42, Article V
City Clerk’s office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
Application Date:
Date License Fees Paid:
New License Fee ($350.00 Annual License Fee
plus $250.00 non-refundable Application Fee.)
Renewal Fee ($350.00 Annual License Fee)
Name of Applicant:
Mailing Address: Zip Code:
Trade Name of Establishment: Phone:
Address: Zip Code:
Are the premises owned or rented? If rented, by whom?
Colorado Sales Tax Number: Thornton Sales Tax Number:
Manager of Establishment Name: (If not applicant, please complete Manager's Registration Form)
Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Complete one of the following sections (Corporation/Individual/Partnership):
Corporation Name:
Phone:
Address: Zip Code:
President Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Vice-President Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Secretary Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Treasurer Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Individual Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
(licenses/application documents/massage parlor/6.2006)
MASSAGE PARLOR APPLICATION
City Clerk’s office – Page 2
If more than two Partners please attach separate sheet
Partner Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
Partner Name: Phone:
Address: Zip Code:
Social Security Number: Driver's License Number: Date of Birth:
If applicable, please attach information showing the name, address, home phone number,
driver's license number, date of birth, and social security number of Stockholders holding 10% or more.
If Corporation or Limited Liability Company:
Registered Agent (Name):
Address: Zip Code:
Has the applicant, owner, principal owner, or any other person holding any type of interest in the proposed business, ever had a Massage
Parlor License issued by any other city, county or other governmental agency? Yes No If yes, complete the following:
Name Type of Business Governmental Agency that issued the license Location When
If the applicant or any other individual, including owner, principal owner, or any person with 10% interest or more ever had an interest in, or
been a partner, limited partner, or corporate shareholder in a Massage Parlor, which has ever been revoked or suspended? Yes No
If so, explain in detail:
List Hours of Operation each day: Beginning Time: Ending Time:
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
I declare under the penalty of perjury, that this application, including the background investigation, authorization forms,
and any accompanying statements, has been examined by me and to the best of my knowledge and belief are true,
correct and complete. I also declare that I have been given a copy of Chapter 42, Article V of the Thornton City Code
pertaining to Massage Parlors.
Signature of Applicant: Date:
Signature of Applicant: Date:
Signature of Applicant: Date:
(Each individual that completes a background investigation report and authorization will need to sign here also)
(If necessary, please make additional copies for all applicant's signatures)
(licenses/application documents/massage parlor/6.2006)
AUTHORIZATION AND CONSENT TO RELEASE INFORMATION
MASSAGE PARLOR LICENSE
City Clerk’s office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
APPLICANTS & MANAGERS – COMPLETE BELOW AND SIGN
Name of Corporation/Sole Proprietorship/Partnership
Name of Individual (please print):
Position:
Trade Name of Establishment:
Address of Establishment:
¾ I fully understand that an investigation of my background, character and financial responsibility is
necessary for the approval of said license. I understand that this investigation may solicit information
from and include contact with the references listed on my background investigation report, former
employers, business associates, police agencies, financial institutions, credit bureaus, neighbors,
friends and relatives. Moreover, I request and authorize those people or organizations selected by the
Thornton Police Department to release any and all information of a confidential or privileged nature
concerning me. However, upon the express condition, that said release is limited to an investigation
conducted pursuant to the aforesaid licensing and operation thereunder, but this authorization shall
continue to operate so long as above-named licensee shall hold said license, if granted, and for the
term or terms of any renewals or extensions thereof.
¾ I hereby release you, your organization or others from any liability or damage which may be incurred
as a result of furnishing information to the City of Thornton ("City") as requested. I further waive any
claims that I might have against the City arising from this request for information concerning my
background investigation or such information and dissemination of information to the appropriate
individuals employed by the City.
¾ I hereby release and agree to hold harmless and indemnify the City against any claims that third
parties should make against the City based on the City's request for information on my background or
its receipt of such information from other individuals or agencies.
Signature Date Signed
Subscribed and sworn to before me by:
in the County of Adams, State of Colorado, this day of , 20
Notary Public:
SEAL
My Commission Expires:
(licenses/application documents/massage parlor/6.2006)
CONFIDENTIAL BACKGROUND INVESTIGATION REPORT
MASSAGE PARLOR LICENSE
City Clerk’s office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
REFERRAL TO THORNTON
POLICE DEPARTMENT
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK
ATTACH SEPARATE SHEET IF NECESSARY
Name of Individual (please print):
Position:
Trade Name of Establishment:
Address of Establishment:
Pursuant to Chapter 42, Article V of the Thornton City Code, the Thornton Police Department will investigate the background,
character and financial responsibility of each individual applicant and of the partners, officers, directors and/or holders of stock of a
corporate applicant, as well as each person named as a manager of a proposed Massage Parlor establishment. The Background
Investigation Report provides basic information about the applicant, which is necessary for the investigation.
Every answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application,
as such falsehood within itself constitutes evidence regarding the reputation and character of the applicant.
THE MOST IMPORTANT CONSIDERATION IN THE ANSWERS
MADE BY YOU IN THE BACKGROUND INVESTIGATION REPORT IS HONESTY.
I will notify the City Clerk's office within 5 (five) days of any changes in the financing of this business, should the changes occur
during the period for which this license is issued and for the term or terms of any renewals or extension thereof.
I have read and I do understand the above statement. I further acknowledge that I have obtained and examined a copy of Chapter
42, Article V of the Thornton City Code of the City of Thornton, Colorado, pertaining to Massage Parlors.
I further certify the facts contained within this Background Investigation Report to Massage Parlors Application are true and correct
and I understand that any falsification or misrepresentation will result in a rejection of this application or a revocation of said license.
I further certify under penalty of law that no other person, excluding the officers, partners and/or managers of the licensed premises
has any direct or indirect financial interest in the business to be conducted under the license herein applied for.
Signature Date Signed
Subscribed and sworn to before me by:
in the County of Adams, State of Colorado, this day of , 20
Notary Public:
SEAL
My Commission Expires:
(licenses/application documents/massage parlor/6.2006)
CONFIDENTIAL BACKGROUND INVESTIGATION REPORT
MASSAGE PARLOR LICENSE
– Page 2
SECTION I - TO BE COMPLETED BY ALL APPLICANTS – INCLUDING MANAGERS
Aliases:
Home Phone: Date of Birth: Place of Birth:
Sex: Race: Height: Weight:
Social Security Number: Hair Color Eye Color:
Home Address: Zip Code
How long at current address?
Driver’s License Number: State Issued:
Has your driver’s license ever been suspended or revoked? Yes No If yes, complete the following:
Where: When: Reason:
Marital Status: Maiden name, if applicable
(include any other name changes and the date changed)
Name of Spouse Spouse’s date of birth (if applicable):
Military Service (branch): From: To: Type of Discharge:
List residences and dates lived there within
the past five years and all previous states
resided within (including military service):
Name of school from which graduated or last attended:
Address: Date Graduated:
Current occupation:
Employer: Phone:
Address: Zip Code:
Name Address Position Dates Employed
Starting with
current
employment, list
all for the past 10
years
Where: When: Reason:
If ever discharged
from a position,
complete the
following:
Do you have a direct or indirect financial interest in any other Massage Parlor License? Yes No If yes, please list full details of any
such interest(s):
(licenses/application documents/massage parlor/6.2006)
CONFIDENTIAL BACKGROUND INVESTIGATION REPORT
MASSAGE PARLOR LICENSE – Page 3
SECTION I CONTINUED - TO BE COMPLETED BY ALL APPLICANTS – INCLUDING MANAGERS
Name Address Phone Time Known
List four
References -
two Professional
& two Personal:
Name Address Phone Time Known
List at least three
Bank and/or Credit
References of
applicant and
spouse (if
different):
Violation When Where Final Disposition
List all
CONVICTIONS,
including traffic:
List all civil action pertaining to or in anyway affecting the proposed licensed premises (including bankruptcy proceeding, assignments
for the benefit of creditors, divorces and name changes):
Name of Litigant Address Date Place Cause of Action
(licenses/application documents/massage parlor/6.2006)
CONFIDENTIAL BACKGROUND INVESTIGATION REPORT
MASSAGE PARLOR LICENSE
– Page 4
SECTION II - THE FOLLOWING SECTION DOES NOT APPLY TO MANAGERS
Describe in detail the building containing the premises to
be licensed:
Type of structure:
What type of anti-theft/burglary devices will be installed for
security purposes:
Specify the floor and room areas where merchandise will
be stored:
Are the premises owned or leased by the applicant?
Please provide complete details concerning the lease
agreement (If business is being purchased, provide a
copy of the contract.):
If the applicant does not reside in Colorado, provide the following for your authorized agent in Colorado upon whom service
of process can be made in any proceedings against the applicant pursuant to any statute, ordinance, or regulation applicable
to the conduct of said business:
Name: Date of Birth:
Residence Address:
Has the applicant agreed to permit any person to receive, or agreed to pay to any employee or other person (by way of rent or
otherwise) all or any portion or percentage of the gross or net profits or income derived from the business to be conducted under the
license applied for?
Yes No If yes, please explain in detail:
Name & Business of Lender: Address Amount of Loan: Term of Obligation:
Complete the
following
information on
loans obtained:
Name of Bank: Address of Bank:
Name on Account & Individuals
authorized to draw thereon:
Complete the
following for
bank where
business
account will be
maintained:
ZONING REFERRAL
Form 5
City Clerk’s office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
Applicant - complete the first three questions, check appropriate box, and submit
this form with a copy of the site plan
of the premises to the City Development Department
Return the signed form with your application to the Deputy City Clerk in the City Clerk's office
Applicant – Complete this Section Only
Business Name:
Business Address:
Type of License applying for:
Is the existing building going to be expanded/enlarged?
Yes No
New License Change of Location Modification of Premises
To Be Completed & Signed By City Development / Zoning Division
Zoning for the property is:
Is the property zoned for the type of license applied for?
Yes No
Will the Development Review Process be required for this application?
Yes No
If so, what type of Development Permit is required?
Major Minor
If a review is scheduled, please indicate the anticipated hearing date for the
Development Permits and Appeals Board (DPAB)*:
Is there sufficient parking for the proposed use?
Comments:
*If this matter goes to DPAB, please attach the staff report and minutes.
City Development/Zoning Division Signature:
Date:
(authority/forms/city liquor forms/form 05/3.2010)
© Copyrighted. Municipal Code Corporation, affiliated Municipality 1998
ARTICLE V. MASSAGE PARLORS*
__________
*State law reference(s)--Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq.
__________
DIVISION 1. GENERALLY
Sec. 42-341. Definitions.
As used in this article, the definitions set out in C.R.S. § 12-48.5-103, as amended from time to
time, shall apply and be incorporated in this section by this reference. The following additional
words, terms and phrases, when used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Alcoholic beverages means any malt, fermented malt, vinous or spirituous liquor or beverage, as
such terms are determined in C.R.S. § 12-47-101 et seq. and C.R.S. § 12-48-101 et seq., as
amended.
Applicant means any person, including an officer or director of a corporation or other such
organization, a member if the organization is a limited liability company, and any stockholder or
member holding a ten percent or more interest, a limited, or general partner, or sole proprietor,
which applicant is seeking the issuance of a massage parlor license.
Local Licensing Authority means the City Council.
Nudity or state of nudity means (1) the appearance of a human bare buttock, anus, male genitals,
female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to
opaquely and fully cover a human buttock, anus, male or female genitals, or areola or nipple of the
female breast.
Owner means a person owning, directly or beneficially, any interest or part interest, however,
identified, in a massage parlor.
(Code 1975, § 37-2; Ord. No. 694, 8-11-75; Ord. No. 2403, § 1, 1-8-96)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 42-342. Violations and penalties; abatement of violations.
(a) Any person violating any of the provisions of this article, in addition to the revocation or
suspension of the massage parlor license, shall upon conviction be punished as provided in
Section 1-8(b).
(b) Any massage parlor operated, conducted or maintained contrary to the provisions of this
article shall be and the same is declared to be unlawful and a public nuisance, and the City
Attorney may, in addition to or in lieu of prosecuting an action under this article, commence an
action or proceeding, for the abatement, removal and enjoinment thereof, in the manner provided
by law, and shall take such other steps and shall apply to such court as may have jurisdiction to
grant such relief as will abate or remove such massage parlor and restrain and enjoin any
establishment contrary to the provisions of this article.
(Code 1975, § 37-19; Ord. No. 694, 8-11-75; Ord. No. 2403, § 17, 1-8-96)
Sec. 42-343. Legislative declaration.
The City Council declares that the operation of massage parlors in this City affects the public
health, safety and welfare and that City regulation of such operations is in the public interest.
(Code 1975, § 37-1; Ord. No. 694, 8-11-75)
Sec. 42-344. Exceptions.
The following classes of persons and establishments are exempt from this article upon written
verification of exempt status provided at the time an application for a massage parlor license is
requested:
(1) Physicians, osteopaths, physical therapists, chiropodists, podiatrists or chiropractors
licensed to practice in this State.
(2) Registered nurses and licensed practical nurses who are licensed to practice in this State
while performing such services in their usual nursing duties.
(3) 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. § 12-8-
101 et seq., as amended from time to time.
(4) Massage practiced in connection with athletics, undertaken and supervised by the athletic
department of any public or private school accredited by the State Board of Education, or in
connection with the conduct of professional or amateur athletics, or at City-owned recreational
facilities and in connection with professional or amateur athletics or sporting events.
(5) Hospitals, clinics, nursing and convalescent homes and other similar institutions dedicated
to medical or nursing practices licensed under the laws of this State where massages and baths
may be given.
(6) Massage practiced in an institution of learning established for such instruction under the
Private Occupational Education Act of 1981 (C.R.S. § 12-59-101 et seq.), as amended from time
to time.
(7) Licensed massage therapists as defined in the State Massage Therapy Practice Act, as it
may be amended from time to time.
(8) Persons and establishments exempted from the definition of "a massage parlor" in C.R.S. §
12-48.5-103, as amended from time to time and persons and establishments engaged in massage
therapy as defined in the State Massage Therapy Practice Act, as it may be amended from time to
time.
(Code 1975, § 37-4; Ord. No. 694, 8-11-75; Ord. No. 2150, 4-13-92; Ord. No. 2403, § 2, 1-8-96;
Ord. No. 3093, § 1, 3-24-09)
Sec. 42-345. Compliance with laws.
It shall be unlawful to operate a massage parlor without also complying with all laws of the State or
this municipality now or hereafter enacted. Persons who are exempt from the application of this
article, pursuant to Section 42-344, shall not hire employees who are not also exempt without first
complying with all the requirements of this article.
(Code 1975, § 37-17; Ord. No. 694, 8-11-75; Ord. No. 2403, § 15, 1-8-96)
Sec. 42-346. Inspections.
Each licensed massage parlor shall be inspected at least once each year by appropriate City
departments before the massage parlor license can be renewed for the purpose of determining
that the provisions of this article are met.
(Code 1975, § 37-13; Ord. No. 694, 8-11-75; Ord. No. 2403, § 11, 1-8-96)
Sec. 42-347. Employee requirements.
(a) A person holding a massage parlor license may not employ anyone who has not attained
18 years of age.
(b) A massage parlor licensed pursuant to this article may not allow any person to obtain a
massage who has not attained 18 years of age.
(c) The owner, owners, employees or any manager of a massage parlor licensed pursuant to
his article shall have the responsibility to ensure there are no violations of Subsections (a) and (b)
of this section.
(Code 1975, § 37-12; Ord. No. 694, 8-11-75; Ord. No. 2403, § 10, 1-8-96)
Sec. 42-348. Records of massage treatments.
Every person operating a massage parlor under a license issued pursuant to this article shall keep
a record of the date and hour of each treatment, the name and address of the patron and the
name of the employee administering such treatment. The record shall be open to inspection by the
Police Department, upon demand, or any City officials charged with the enforcement of these
provisions for the purposes of law enforcement and for no other purpose. The information
furnished or secured as a result of any such inspection shall be confidential. The records shall be
maintained for a period of two years.
(Code 1975, § 37-14; Ord. No. 694, 8-11-75; Ord. No. 2403, § 12, 1-8-96)
Secs. 42-349--42-375. Reserved.
DIVISION 2. LICENSE
Sec. 42-376. Required.
(a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit any
person or employee to engage in, conduct or carry on, the act of massage at any place, location
or establishment within the City, without such location or establishment first having obtained a
license for the operation of a massage parlor, referred to in this article as a massage parlor
license, issued pursuant to this article.
(b) Any license issued pursuant to this article shall also be issued pursuant to State law, C.R.S.
§ 12-48.5-101 et seq., as amended from time to time, which statute is hereby incorporated by this
reference as if fully set forth in this section.
(Code 1975, § 37-3; Ord. No. 694, 8-11-75; Ord. No. 2403, § 2, 1-8-96)
Sec. 42-377. Terms, fees and renewal.
(a) Any person seeking to obtain a license to operate a massage parlor, massage parlor
license, shall apply to the Local Licensing Authority by submitting an application to the City Clerk's
office.
(1) A nonrefundable application fee, as established by the City Council by resolution from time
to time, shall accompany the submission of each application to defray the costs of an investigation
and reports.
(2) If a person requesting a massage parlor license, by submitting an application as provided
by this article, meets all the requirements of this article and is approved by the Local Licensing
Authority, a massage parlor license shall be issued upon payment of a license fee as established
by the City Council by resolution from time to time.
(3) A massage parlor license will not be issued to any person who has not, at the time of
issuance, attained the age of 18 years of age.
(b) The term of a massage parlor license shall be one calendar year with the license expiring
on December 31 of each year subsequent to issuance. The license fee contained in Subsection
(a)(2) of this section shall be prorated to effectuate the license term.
(c) Renewal requests for a massage parlor license must be filed with the City Clerk by
December 1 of each calendar year. Massage parlor license may be renewed upon the same
conditions as issuance of the initial license and upon payment of a renewal fee as established by
the City Council by resolution from time to time.
(Code 1975, § 37-5; Ord. No. 694, 8-11-75; Ord. No. 2403, § 3, 1-8-96)
Sec. 42-378. Contents of application.
(a) Any applicant for a massage parlor license shall submit to the City Clerk's office, on an
application form prepared by the City Clerk's office, the following information, in addition to the
information required by C.R.S. § 12-48.5-105, at the time of filing an application.
(1) The full name and present business address of the applicant.
(2) The previous resident address of the applicant over the ten years immediately prior to the
present resident address of the applicant and the dates of residence at each.
(3) Written proof verifying that the applicant is over the age of 18 years, which written proof
shall include but not be limited to the following: a valid driver's license containing a picture issued
by any state; a picture identification card issued by the State of Colorado; a military identification
card; a passport; or an alien registration card.
(4) The applicant's height, weight, color of eyes and hair, and date of birth.
(5) Two recent portrait photographs, at least two by two inches, taken within the last six
months, as well as verification that the applicant has been fingerprinted by the Police Department
or any criminal justice agency.
(6) The business, occupation or employment history of the applicant for the ten years
immediately preceding the date of the application.
(7) The business license history of the applicant: whether such applicant, in previously
operating in this or another city or state under a massage parlor license, has had such a massage
parlor license revoked or suspended, the reason therefor and the business activity or occupation
subsequent to such action of suspension or revocation.
(8) All criminal convictions, except traffic offenses, and the reasons and dispositions therefor,
for the last ten years.
(9) Such other identification and information as the Police Chief may require in order to fully
investigate the application submitted.
(b) An applicant for a massage parlor license shall truthfully and completely disclose all
information required by this article. Failure to provide complete and truthful information may be
grounds for denial, revocation or suspension of a massage parlor license.
(Code 1975, § 37-6; Ord. No. 694, 8-11-75; Ord. No. 2403, § 4, 1-8-96)
Sec. 42-379. Minimum requirements for establishments.
(a) Facilities, equipment, etc. A massage parlor license will not be issued unless and until an
inspection by the City reveals that the establishment complies with each of the following minimum
requirements:
(1) Signage. A recognizable and legible sign shall be posted at a main entrance in compliance
with all applicable ordinances identifying the establishment as a massage parlor.
(2) Lighting. Minimum lighting shall be provided in accordance with the Uniform Building Code
adopted in Section 10-151 and, in addition, at least an artificial light of not less than 60 watts shall
be provided in each room or enclosure where massage services are performed on patrons.
(3) Ventilation. Minimum ventilation shall be provided in accordance with the Uniform Building
Code adopted in Section 10-151.
(4) Equipment and attire. Adequate equipment for disinfecting and sterilizing instruments used
in performing acts of massage shall be provided. No persons may perform massage services nor
shall any person receive massage services if such person is nude or in a state of nudity.
(5) Hours of operation. A massage parlor shall not be open for business nor shall the licensee,
owner, principal owner, manager or any employee allow patrons upon the licensed premises:
a. On any Monday through Friday from 12:00 midnight to 6:00 a.m., and on any Saturday
from 2:00 a.m. to 6:00 a.m.;
b. On any Sunday.
(6) Linen storage and water facilities. Closed cabinets shall be provided for the storage of
clean linen, and hot and cold running water shall be provided at all times.
(7) Bathing, dressing, locker and toilet facilities. Adequate bathing, dressing, locker and toilet
facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room
containing a separate locker for each patron to be served, which locker shall be capable of being
locked, and a minimum of one toilet and one washbasin shall be provided by every massage
parlor; provided, however, that if male and female patrons are to be served simultaneously at the
establishment, a separatemassage room, separate dressing facilities and separate toilet facilities
shall be provided for male and female patrons.
(8) Physical and sanitary conditions. 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 or steam or
vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the
business is in operation. Bathtubs shall be thoroughly cleaned after each use.
(9) Towels and linens. Clean and sanitary towels and linens shall be provided for each patron
of the establishment. No common use of towels or linen shall be permitted.
(10) Facilities for employees. A minimum of one separate washbasin shall be provided in each
massage parlor for the use of 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 to the area devoted to the performing of massage services. In addition,
sanitary towels placed in permanently installed dispensers shall be provided at each washbasin.
(11) No alcoholic beverages are to be made available, provided or allowed to be consumed by,
patrons of a massage parlor licensed under this article.
(b) Locational restrictions for massage parlors.
(1) No massage parlor license will be issued if, within 750 feet, there exists the following:
a. A church;
b. A school or child care facility, as defined in the Development Code;
c. A public park;
d. A boundary of any residential zoned district;
e. The property line of a lot devoted to residential use.
(2) No massage parlor license shall be issued for the operation of a massage parlor within 750
feet of another massage parlor or a sexually oriented business licensed pursuant to Article VIII of
this chapter.
(3) For the purposes of Subsections (b)(1) and (b)(2) of this section, the distance between any
two massage parlors shall be measured in a straight line, without due regard to intervening
structure 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 Subsections (b)(1)a
through (b)(1)e of this section 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.
(4) Any massage parlor lawfully operating on the effective date of this article, which is in
violation of Subsections (b)(1) through (b)(3) of this section, shall be allowed to continue operating
for an amortization period of six months. Six months after this article becomes effective, all
massage parlors must comply with Subsections (b)(1) through (b)(3) of this section and all other
provisions of this article.
(5) 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 Development
Code, a public park, a residential district, a residential lot, or an adult business; however, if the
massage parlor ceases operation for a period of 180 days or more regardless of any intent to
resume operation, it may not recommence operation in that location.
(Code 1975, § 37-7; Ord. No. 694, 8-11-75; Ord. No. 2403, § 5, 1-8-96)
Sec. 42-380. Procedure for issuance; transferability.
(a) Any applicant for a massage parlor license to be issued pursuant to these provisions shall
submit a completed application, after payment to the City Clerk of the application fee required by
Section 42-377(a)(1), completeness to be determined by the City Clerk's office, which application
will then be submitted to the Police Department. The Chief of Police or designee shall investigate
the application and the background of the applicant and report to the Local Licensing Authority. A
building inspection, fire inspection, and review of the application by the City Development
Department shall be made of the premises proposed for the massage parlor and a report shall be
made to the Local Licensing Authority concerning compliance with all applicable municipal
ordinances. Based upon such investigation and reports, the Local Licensing Authority shall
approve or deny the license within 90 days from the date of filing the application.
(b) The Local Licensing Authority shall grant a Massage Parlor License if all state requirements
and requirements under this article are met, unless it appears that an applicant has deliberately
falsified the application, has been convicted of any felony within the last ten years or any offense
involving moral turpitude or is not a person of good moral character as stated in C.R.S. § 12-48.5-
108.
(c) All licenses issued under this division are nontransferable either to a person other than the
person shown on the massage parlor license or to a different geographic location other than that
identified in the application. However, licenses may be transferred pursuant to C.R.S. § 12-48.5-
104(a)
(Code 1975, § 37-8; Ord. No. 694, 8-11-75; Ord. No. 2403, § 6, 1-8-96; Ord. No. 2656, § 28, 2-12-
01)
Sec. 42-381. Display; photograph required.
Every person or owner to whom or for which a massage parlor license shall have been granted
shall display the license in a conspicuous place so that it may be readily seen by persons entering
the premises where the massage or treatment is given. When the license is issued to an
individual, a two-by-two inch photograph shall be affixed to the license.
(Code 1975, § 37-9; Ord. No. 694, 8-11-75; Ord. No. 2403, § 7, 1-8-96)
Sec. 42-382. Local Licensing Authority.
(a) The City Council shall be the Local Licensing Authority under this article and for the
purposes of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq., as amended from
time to time.
(b) No person holding a massage parlor or massage services license shall serve as a member
of the Local Licensing Authority.
(c) The Local Licensing Authority shall have all powers granted in this article and under the
Colorado Massage Parlor Code, C.R.S. § 12-48.5-101 et seq., as amended from time to time.
(d) The Local Licensing Authority shall have the power to promulgate rules and regulations to
implement the Colorado Massage Parlor Code and this article, if necessary. The regulations shall
be subject to the approval of the City Council.
(Code 1975, § 37-10; Ord. No. 2403, § 8, 1-8-96)
Sec. 42-383. Sale of transfer of ownership.
Any sale or transfer of ownership relating to a license shall conform to C.R.S. § 12-48.5-104, as
from time to time amended.
(Code 1975, § 37-16; Ord. No. 694, 8-11-75; Ord. No. 2403, § 14, 1-8-96)
Sec. 42-384. Unlawful activities.
In addition to those unlawful acts identified in C.R.S. § 12-48.5-110, the conviction of any
employee or owner of a licensed massage parlor of any offense arising out of operation of the
licensed premises shall be deemed grounds for suspension or revocation of any massage parlor
license. The word "offense," as used in this section, means any felony, or the violation of a City
ordinance, or the intentional or reckless misrepresentation of any fact on an application for the
issuance of a massage parlor license, or any offense, as defined by State law, involving moral
turpitude.
(Code 1975, § 37-11; Ord. No. 694, 8-11-75; Ord. No. 2403, § 9, 1-8-96)
Sec. 42-385. Revocation or suspension; notice; hearing.
(a) Notice and hearing. No massage parlor license shall be revoked or suspended until after a
hearing shall have been held before the Local Licensing Authority to determine just cause for such
revocation or suspension; provided, however, that the Local Licensing Authority may order any
license suspended, for a period of not more than 14 days, pending such hearing, only upon a
showing that the public health, safety or welfare requires immediate action, and it shall be unlawful
for any person to operate a massage parlor until the suspended license has been reinstated by
the Local Licensing Authority. If the Local Licensing Authority orders such a suspension, the
hearing date shall be held within 21 days from the order requiring suspension. Notice of such
hearing shall be given in writing and served at least five calendar days prior to the date of the
hearing thereon. The notice shall state the grounds for the complaint against the holder of the
license, or against the business carried on by the licensee at the massage parlor, and shall state
the time and place where such hearing will be held.
(b) Service of notice. The notice shall be served upon the license holder by personal delivery to
the license holder or by leaving the notice at the place of business of the license holder with a
person employed therein. In the event that the license holder cannot be found and the service of
the notice cannot be made in the manner herein provided, a copy of the notice shall be mailed,
postage fully prepaid, addressed to the license holder at the license holder's place of business or
residence, at least five calendar days prior to the date of such hearing.
(c) Appeal. All decisions issued pursuant to this section shall be final. Any appeal of a decision
rendered shall be to the Colorado District Court.
(Code 1975, § 37-15; Ord. No. 694, 8-11-75; Ord. No. 2403, § 13, 1-8-96)
Secs. 42-386--42-430. Reserved.
§ 12-48.5-101. Short title
§ 12-48.5-102. Legislative declaration
§ 12-48.5-103. Definitions
§ 12-48.5-104. Licensing--general provisions
§ 12-48.5-105. Application to local licensing authority--issuance
§ 12-48.5-106. Refusal of license by local licensing authority
§ 12-48.5-107. Suspension and revocation
§ 12-48.5-108. Persons prohibited as licensees
§ 12-48.5-109. License fees
§ 12-48.5-110. Unlawful acts
§ 12-48.5-111. Violations and penalty
§ 12-48.5-112. Powers of peace officers, local licensing authority
§ 12-48.5-113. Building plans to accompany application
§ 12-48.5-114. Public notice--posting and publication
§ 12-48.5-115. Results of investigation--decision of authorities
§ 12-48.5-116. Restrictions for applications for new licenses
§ 12-48.5-117. Local option
§ 12-48.5-118. Local government regulation
§ 12-48.5-119. Repeal of article--review of functions
12-48.5-101. Short title.
This article shall be known and may be cited as the "Colorado Massage Parlor Code".
Source:
L. 77:
Entire article added, p. 733, § 1, effective July 1.
12-48.5-102. Le
g
islative declaration.
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(1) The general assembly hereby declares that this article shall be deemed an exercise of the police
p
owers of the state for the protection of the economic and social welfare and the health, welfare, and
safety of the people of this state.
(2) The general assembly further declares that the licensing and regulation of massage parlors are
matters of statewide concern; therefore, this article shall be applicable in every city, town, county, and
city and county in this state.
Source:
L. 77:
Entire article added, p. 733, § 1, effective July 1.
12-48.5-103. Definitions.
As used in this article, unless the context otherwise requires:
(1) "License" means a grant to a licensee to operate a massage parlor.
(2) "Licensed premises" means the premises specified in an approved application for a license unde
r
this article which are owned or in the possession of the licensee and within which such licensee is
authorized to carry on the practice of massage.
(3) "Local licensing authority" means the governing body of a municipality or city and county, the
b
oard of county commissioners of a county, or any authority designated by municipal or county charter,
municipal ordinance, or county resolution.
(4) "Location" means a particular parcel of land that may be identified by an address or by othe
r
descriptive means.
(5) "Massage" means a method of treating the body for remedial or hygienic purposes, including but
not limited to rubbing, stroking, kneading, or tapping with the hand or an instrument or both.
(6) "Massage parlor" means an establishment providing massage, but it does not include 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 o
f
recognized professional or amateur athletic teams, and 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 (6), "massage therapist" means a person who has 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 o
r
accreditation from another state with transcripts indicating completion of at least five hundred hours o
f
training in massage therapy. For the purposes of this subsection (6), 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.
(7) "Person" means a natural person, partnership, association, company, corporation, organization, o
r
managing agent, servant, officer, or employee of any of them.
(8) "Premises" means a distinct and definite location which may include a building, a part of a
uildin
, a room, or an
other definite area conti
uous thereto.
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Source:
L. 77:
Entire article added, p. 733, § 1, effective July 1.
L. 90:
(6) amended, p. 827, § 1,
effective April 16.
12-48.5-104. Licensing - general provisions.
(1) All licenses granted pursuant to the provisions of this article shall be valid for a period of one
year from the date of their issuance unless revoked or suspended pursuant to section 12-48.5-107.
(2) Application for the renewal of an existing license shall be made to the local licensing authority
not less than forty-five days prior to the date of expiration. The local licensing authority may cause a
hearing on the application for renewal to be held. No such renewal hearing shall be held by the local
licensing authority until a notice of hearing has been conspicuously posted on the licensed premises fo
r
a period of ten days and notice of the hearing has been provided the applicant at least ten days prior to
the hearing. The local licensing authority may refuse to renew any license for good cause, subject to
j
udicial review.
(3) Upon receipt of an application for a license to operate a massage parlor, the local licensing
authority shall, at its next regular meeting, set the boundaries of the neighborhood to be considered
p
ursuant to subsection (4) of this section in determining whether or not to grant said license. At such
time the applicant or any other interested party may attend and present evidence regarding said
boundaries.
(4) Before granting any license, the local licensing authority shall consider, except where this article
specifically provides otherwise, the reasonable requirements of the neighborhood, the desires of the
inhabitants as evidenced by petitions, remonstrances, or otherwise, and all other reasonable restrictions
which are or may be placed on the neighborhood by the local licensing authority.
(5) Each license issued under this article is separate and distinct, and no person shall exercise any o
f
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.
(6) No license granted under the provisions of this article shall be transferable as to ownership
except as provided in subsection (9) of this section.
(7) No changes of location for licensed premises shall be allowed.
(8) 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.
(9) For any other transfer of ownership, application shall be made to the local licensing authority on
forms prepared and furnished by the local licensing authority. In determining whether to permit a
transfer of ownership, the local licensing authority shall consider only the requirements of section 12-
48.5-108. The local licensing authority may cause a hearing on the application for transfer of ownership
to be held. No such hearing shall be held by the local licensing authority until the notice of hearing has
b
een conspicuously posted on the licensed premises for a period of ten days and notice of the hearing
has been
p
rovided the a
pp
licant at least ten da
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(10) The licenses provided pursuant to this article shall specify the date of issuance, the period which
is covered, the name of the licensee, and the premises licensed. Said license shall be conspicuously
p
laced at all times in the massage parlor thereby licensed.
Source:
L. 77:
Entire article added, p. 734, § 1, effective July 1.
12-48.5-105. Application to local licensing authority - issuance.
(1) Application for a license under the provisions of this article shall be made to the local licensing
authority on forms prepared and furnished by the local licensing authority which shall set forth such
information as the local licensing authority may require to enable the authority to determine whether a
license should be granted. Such information shall include the name and address of the applicant and, if a
p
artnership, also the names and addresses of all the partners and, if a corporation, association, or othe
r
organization, also the names and addresses of the president, vice-president, secretary, and managing
officer, together with all other information deemed necessary by the local licensing authority. Each
application shall be verified by the oath or affirmation of such persons as the local licensing authority
may prescribe.
(2) (a) Before granting any license for which application has been made, the local licensing authority
or one or more of its inspectors may visit and inspect the premises or property in which the applicant
p
roposes to conduct his business and investigate the fitness to conduct such business of any person o
r
officers and directors of any corporation applying for a license. In investigating the fitness of any
applicant, licensee, or employee or agent of the licensee or applicant, the local 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 local licensing authority takes into consideration
information concerning the applicant's criminal history record, the local 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.
(b) As used in this subsection (2), "criminal justice agency" means any federal, state, or municipal
court or any governmental agency or subunit of such agency which performs the administration o
f
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.
(3) No application to have a massage parlor at a particular location by or on behalf of the same
p
erson 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.
(4) Every applicant, licensee, or agent or employee of said applicant or licensee shall, prior to
commencing work in or upon the licensed premises, obtain an identity card from the law enforcement
agency within the licensing jurisdiction in a form prescribed by the local licensing authority and shall
carry said identity card at all times while in or upon the licensed premises.
Source:
L. 77:
Entire article added,
p
. 735, § 1, effective Jul
y
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12-48.5-106. Refusal of license by local licensing authority.
The local licensing authority shall refuse a license if the premises on which the applicant proposes to
conduct its business do not meet the requirements of this article, or if the character of the applicant or its
officers or directors is such that violations of this article would be likely to result if a license were
granted, or if, in its opinion, licenses already granted for the particular locality are adequate for the
reasonable needs of the neighborhood.
Source:
L. 77:
Entire article added, p. 736, § 1, effective July 1.
12-48.5-107. Suspension and revocation.
In addition to any other penalties prescribed by this article, the local licensing authority has the
p
ower, on its own motion or on complaint, after investigation and public hearing at which the licensee
shall be afforded an opportunity to be heard, to suspend or revoke any license issued by such authority
for any violation by the licensee or by any of its agents, servants, or employees of the provisions of this
article, or of any of the rules or regulations authorized pursuant to this article, or of any of the terms,
conditions, or provisions of the license issued by such authority. In addition, the local licensing
authority, in its discretion, may revoke or elect not to renew a license if it determines that the licensed
p
remises have been inactive for at least three months or, in the case of a license approved for a facility
which has not been constructed, such facility has not been constructed and placed in operation within
one year of approval of the license application or construction of the facility has not been commenced
within one year of such approval. The local 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 local licensing authority conducts.
Source:
L. 77:
Entire article added, p. 736, § 1, effective July 1.
12-48.5-108. Persons prohibited as licensees.
(1) No license provided by this article shall be issued to or held by:
(a) Any corporation, any of whose officers, directors, or stockholders holding over ten percent of the
outstanding initial capital 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 moral character satisfactory to the local licensing authority;
(d) A peace officer or any of the local licensing authority's inspectors or employees;
(e) Any person unless such person is of moral character and has a record that is satisfactory to the
local licensin
g
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y
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Source:
L. 77:
Entire article added, p. 736, § 1, effective July 1.
L. 2002:
(1)(c) and (1)(e) amended,
p
. 116, § 4, effective March 26.
L. 2003:
(1)(d) amended, p. 1631, § 74, effective August 6.
Editor's note:
Subsection (1)(d) was contained in a 2003 act that was passed without a safety clause. Fo
r
further explanation concerning the effective date, see page vii of this volume.
12-48.5-109. License fees.
(1) The following license fees shall be paid to the local licensing authority annually in advance:
(a) For the issuance of a new license, an amount to be set by the local licensing authority, but in no
event to exceed three hundred fifty dollars;
(b) For each renewal of a license, an amount to be set by the local licensing authority, but in no event
to exceed one hundred fifty dollars.
Source:
L. 77:
Entire article added, p. 737, § 1, effective July 1.
12-48.5-110. Unlawful acts.
(1) It is unlawful for any person:
(a) To operate a massage parlor without holding a validly issued local license;
(b) To work in or upon the licensed premises of a massage parlor without obtaining and carrying a
valid identity card pursuant to section 12-48.5-105 (4);
(c) To obtain the services provided in a massage parlor by misrepresentation of age or by any othe
r
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 has a physician's prescription for massage services;
(d) To allow the sale, giving, or procuring of any massage services to any person under the age o
f
eighteen years, unless such person is accompanied by his parent or has a physician's prescription fo
r
massage services;
(e) To permit any person under the age of eighteen years to be employed as an employee in a
massage parlor. If any person who, in fact, is not eighteen years of age exhibits a fraudulent proof o
f
age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation o
r
suspension of any license issued under this article unless the person employing such person knew o
r
should have known that said proof of age was fraudulent.
(f) 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-hal
f
inch in height, which shall read as follows:
WARNING
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IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN O
R
UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT O
R
HAS A PHYSICIAN'S PRESCRIPTION FOR 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 HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE SERVICES.
FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF
THESE PROVISIONS UNDER ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES.
Source:
L. 77:
Entire article added, p. 737, § 1, effective July 1.
12-48.5-111. Violations and penalty.
(1) Any person violating any of the provisions of this article or any of the rules and regulations
authorized and adopted pursuant thereto is guilty of a misdemeanor and, upon conviction thereof, shall
b
e punished by a fine of not more than five thousand dollars for each offense, or by imprisonment in the
county jail for not more than one year, or by both such fine and imprisonment. The court trying such
offense may decree that any license theretofore issued under the provisions of this article or of any law
relating to the operation of massage parlors where such offense was committed be suspended or revoked
and may decree that no license for the operation of a massage parlor shall thereafter be issued to any
such person for a period not to exceed five years.
(2) The penalties provided in this section shall not be affected by the penalties provided in any othe
r
section of this article but shall be construed to be an addition to any other penalties.
(3) Any adult who causes a violation of the provisions of section 12-48.5-110 (1) (d) to (1) (f) may
be proceeded against pursuant to section 18-6-701, C.R.S., for contributing to the delinquency of a
minor.
Source:
L. 77:
Entire article added, p. 738, § 1, effective July 1.
L. 87:
(3) amended, p. 813, § 5,
effective October 1.
12-48.5-112. Powers of peace officers, local licensing authority.
The peace officers of the city, town, county, or city and county or the duly authorized representatives
of the local licensing authority authorized to enforce the provisions of this article, while engaged in
p
erforming their duties and while acting under proper orders or regulations, shall have and exercise all
the powers vested in peace officers of the state, including the power to arrest and the authority to issue
summons for violations of the provisions of this article.
Source:
L. 77:
Entire article added, p. 738, § 1, effective July 1.
12-48.5-113. Buildin
g
p
lans to accom
p
an
y
a
pp
lication.
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At the time of filing the application for the issuance of a license, the applicant shall file complete
p
lans and specifications for the interior of the building if the building to be occupied is in existence at
the time. If the building is not in existence, the applicant shall, in addition to the plans and specifications
for the interior, submit an architect's drawing of the building to be constructed.
Source:
L. 77:
Entire article added, p. 738, § 1, effective July 1.
12-48.5-114. Public notice - posting and publication.
(1) Upon receipt of an application, except an application for renewal or for transfer of ownership, the
local licensing authority shall schedule a public hearing upon the application not less than thirty days
from the 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.
(2) Notice given by posting shall include a sign of suitable material, not less than twenty-two inches
wide and twenty-six inches high, composed of letters not less than one inch in height and stating the
type of license applied for, the date of the application, the date of the hearing, the name and address o
f
the applicant, and such other information as may be required to fully apprise the public of the nature o
f
the application. If the applicant is a partnership, the sign shall contain the names and addresses of all
p
artners, 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 or other managing
officers.
(3) Notice given by publication shall contain the same information as that required for signs.
(4) 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 (1) and (2) of this section shall be placed so as to
b
e conspicuous and plainly visible to the general public. If the building is not constructed at the time o
f
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.
(5) (a) At the public hearing held pursuant to this section, any party in interest shall be allowed to
p
resent evidence and cross-examine witnesses.
(b) As used in this subsection (5), "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.
(6) The local licensing authority, in its discretion, may limit the presentation of evidence and cross-
examination so as to prevent repetitive and cumulative evidence or examination.
Source:
L. 77:
Entire article added, p. 738, § 1, effective July 1.
12-48.5-115. Results of investi
g
ation - decision of authorities.
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(1) Not less than five days prior to the date of the hearing, the local licensing authority shall make
known its findings based upon its investigation, in writing, to the applicant and other interested parties.
The local licensing authority has authority to refuse to issue any license for good cause, subject to
j
udicial review.
(2) Before entering any decision approving or denying the application, the local licensing authority
shall consider, except where this article specifically provides otherwise, the facts and evidence produced
as a result of its 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 o
f
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.
(3) Any decision of a local 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.
(4) No license shall be issued by any local 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 article, and then
only after inspection of the premises has been made by the licensing authority to determine that the
applicant has complied with the architect's drawing and plans and specifications submitted upon
application.
Source:
L. 77:
Entire article added, p. 739, § 1, effective July 1.
12-48.5-116. Restrictions for applications for new licenses.
(1) No application for the issuance of any license authorized by this article shall be received or acted
upon:
(a) If, within two years next preceding the date of the application, the local licensing authority has
denied an application at the same location for the reason that the reasonable requirements of the
neighborhood and the desires of the inhabitants were satisfied by the existing outlets;
(b) Until it is established that the applicant is, or will be, entitled to possession of the premises fo
r
which application is made under a lease, rental agreement, or other arrangement for possession of the
p
remises or by virtue of the ownership thereof;
(c) For a location in an area where the operation of a massage parlor as contemplated is not
p
ermitted under the applicable zoning laws of the municipality, city and county, or county.
Source:
L. 77:
Entire article added, p. 740, § 1, effective July 1.
12-48.5-117. Local o
p
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The application of this article shall be statewide unless any city, city and county, county, o
r
incorporated town by a majority of the registered electors of any of them, voting at any regular election
or special election called for that purpose in accordance with the election laws of this state or of the
p
olitical subdivision concerned, decides against the right to operate massage parlors as provided by this
article within its limits. Said local option question shall be submitted only upon a petition signed by not
less than fifteen percent of the registered electors in said political subdivision; otherwise, the procedure
with reference to the calling and holding of such election shall be substantially in accordance with the
election laws of the state or of any of said local subdivisions. The expenses of such election shall be
b
orne by the local subdivision in which said election is held. The question of the prohibition of the
operation of massage parlors shall not be submitted to the voters more than once in any four-year period.
If the question is passed in the election, licenses issued shall remain in effect but shall not be renewed
after the effective date of prohibition according to the local option election.
Source:
L. 77:
Entire article added, p. 740, § 1, effective July 1.
L. 87:
Entire article amended, p.
305, § 20, effective July 1.
12-48.5-118. Local government regulation.
This article is intended to provide minimum standards for the licensing of massage parlors. Nothing
in this article shall prohibit a local government from enacting an ordinance or resolution providing more
stringent standards for such licensing, but such ordinance shall meet the minimum standards established
by this article.
Source:
L. 77:
Entire article added, p. 740, § 1, effective July 1.
12-48.5-119. Repeal of article - review of functions.
This article is repealed, effective July 1, 2015. Prior to such repeal, the licensing functions of the
local licensing authorities shall be reviewed as provided for in section 24-34-104, C.R.S.
Source:
L. 88:
Entire section added, p. 930, § 10, effective April 28.
L. 91:
Entire section amended,
p
. 684, § 33, effective April 20.
L. 92:
Entire section amended, p. 2013, § 1, effective March 24.
L.
2002:
Entire section amended, p. 116, § 1, effective March 26.
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MASSAGE PARLOR LICENSE APPLICATION To obtain information regarding (City of Thornton)

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Completed 5 August 2020

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