Sec. 86-436. Definitions.
Except as otherwise indicated by the context, the following words, terms and phrases, shall have the following meanings for purposed of this division:
Agent means an individual designated by a publicly-held corporation to act on behalf of the corporation under this article. An agent shall be a bona fide resident of Colorado, a citizen or legal resident of the United States, or otherwise authorized to work in the United States.
Applicant means an individual acting on behalf of a massage facility to apply for a license.
Client means an individual who enters into an agreement for massage therapy for a fee, income, or compensation of any kind within the City.
Control means the power to direct or cause the direction of the management and policies of an applicant, licensee or controlling person, in any way.
Controlling person means a person directly or indirectly possessing control of an applicant or licensee.
Employee means any person who performs any service at a massage facility on a full-time, part-time, or contract basis, whether or not the person is designated an employee, independent contractor or otherwise. Employee does not include a person exclusively engaged in the repair or maintenance of the massage facility, or for the delivery of goods to the licensee.
Erotic parlor means a facility that entices clients through advertising or other business practices directed toward sexual desires, lust or passions.
Massage facility means any place of business where any massage therapy or full body massage is practiced or administered. The term "massage facility" shall not include:
(1) Training rooms of public and private schools accredited by the state board of education or approved by the state division charged with the responsibility of approving private occupational schools.
(2) Training rooms of recognized professional or amateur athletic teams.
(3) Offices, clinics, and other facilities at which medical professionals licensed by the State of Colorado, or any other state, provide massage services to the public in the ordinary course of their medical profession.
(4) Medical facilities licensed by the state.
(5) Barber shops, beauty salons, and other facilities at which barbers and cosmetologists licensed by the state provide massage services to the public in the ordinary course of their professions.
(6) Bona fide athletic clubs not engaged in the practice of providing massage services to their members or to the public for remuneration; for purposes of this definition, if an athletic club does not receive more than ten percent of its gross income providing massages to its members, or to the public, such shall be prima facie evidence of its status as a bona fide athletic club.
(7) A place of business where a person offers to perform or performs massage therapy:
a. For not more than 72 hours in any six month period; and
b. As part of a public or charity event, the primary purpose of which is not to provide massage therapy.
(8) A place of business where a licensed massage therapist practices as a solo practitioner, and complies with all required acts and limitations of operation of this section and:
a. Does not use a business name or assumed name; or
b. Uses a business name or an assumed name and provides the massage therapist's full legal name, or license number in each advertisement, and each time the business name or assumed name appears in writing; and
c. Does not maintain or operate a table shower as defined in this section.
(9) A place of business which limits its business to offering the following practices performed by persons who:
a. Do not claim expressly or implicitly to be massage therapists; and
b. Limit their work to one or more of the following practices:
1. Use touch, words and directed movement to deepen awareness of existing patterns of movement, and suggest new possibilities of movement. Such practices include, but are not limited to the Feldenkrais method of somatic education, the "Rolf Institute's Rolf Movement Integration," the Trager approach to movement education, body-mind centering and ortho-bionomy; or use minimal touch over specific points on the body to facilitate balance in the nervous system. Such practices include, but are not limited to Bowenwork; or
2. Use touch to affect the energy systems, acupoints or qi meridians (channels of energy) of the human body. Such practices include, but are not limited to acupressure, Asian bodywork therapy, biodynamic craniosacral therapy, jin shin do body-mind acupressure, polarity, polarity therapy, and polarity therapy bodywork, qigong, reiki, shiatsu, and tuina; or
3. Use touch to effect change in the structure of the body while engaged in the practice of structural integration. Such practices include, but are not limited to, practitioners of Rolfing structural integration, the Rolf method of structural integration, and Hellerwork; or
4. Apply pressure to reflex points on the feet, hands and ears to bring the body into balance, thereby promoting the wellbeing of clients. Such practices include, but are not limited to reflexology; and
c. If required for the practice, hold active certification or recognition by a professional organization or credentialing agency that:
1. Requires a minimum level of training specific to the discipline, demonstration of competence, and adherence to an approved scope of practice and ethical standards; and
2. Maintains disciplinary procedures to ensure adherence to the requirements of the organization or agency; and
d. Provide consumers with contact information for the organization or agency in the practitioner's place of business.
e. The director may promulgate additional rules or find that a practice is no longer exempt subject to section 86-448.
Massage or massage therapy means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the general health and well-being of the recipient. Such system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydro massage; and thermal massage. Such techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands.
Manager is an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this section.
Massage therapist is an individual that has fulfilled the requirements for state licensure under C.R.S. § 12-35.5-107, and has a valid massage therapist license issued by the State of Colorado to engage in the practice of massage therapy.
Mobile massage unit means a vehicle or other movable enclosure specifically equipped for a massage therapist to provide massage therapy inside the vehicle or enclosure.
Person shall have the meaning as defined in section 86-26.
Sexual act means sexual contact, sexual intrusion, or sexual penetration as defined in C.R.S. § 18-3-401.
Spa establishment means a commercial massage facility that offers or engages in personal services that call for the patron to disrobe, such as body wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soak.
Table shower or Vichy shower means an apparatus for the bathing or massaging of a person on a table or tub. (Ord. No. 2018-13, § 1, 5-21-2018)