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. 4324, 2-4-09. Code 1994 § 10-200)
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.
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 that is operated for the purpose
of massage therapy performed by a massage therapist is not a massage
parlor.
Massage Therapist.
For purposes of this chapter,
massage therapist has the meaning set forth in §
12-35.5-103, C.R.S. For purposes of this chapter, 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. 4324, 2-4-09. Code 1994 § 10-220)
(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 code.
(b) Hereinafter,
the massage parlor licensing authority shall be the persons that comprise
the Grand Junction liquor and fermented malt beverage licensing authority
(to wit a designated hearing officer, the City Attorney or his/her
designee and the City Clerk or her/his designee). The qualifications
and appointment of members to fill vacancies and removal of members
by the City Council shall be in the manner provided by the Charter
and this code.
(c) The
authority shall meet as needed. The hearing officer shall preside
over all hearings and proceedings of the authority.
(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 Enforcement Officer for the affected area 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 Code
Enforcement Officer.
(Ord. 4324, 2-4-09. Code 1994 § 10-230)
(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. 4324, 2-4-09. Code 1994 § 10-240)
Each applicant, whether an individual, partnership or corporation,
shall pay an application fee as determined by City Council in accordance
with its annual fee resolution at the time of filing an application.
Such application fee shall be nonrefundable.
(Ord. 4324, 2-4-09. Code 1994 § 10-250)
(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 10 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 Grand Junction
Police Department. Each individual applicant, partnership and corporate
applicant shall also furnish evidence from the Public Works and Planning
Department that the proposed establishment meets the requirements
of the City 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 laws of the State of Colorado or in the case of
a foreign corporation, evidence that the corporation 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
or the licensing authority. 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 GJMC §
5.20.090(b) in determining whether or not to grant said license.
(Ord. 4324, 2-4-09. Code 1994 § 10-260)
(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 30 days after
the filing date of the application and shall post and publish the
public notice thereof not less than 10 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 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 notice 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. 4324, 2-4-09. Code 1994 § 10-270)
(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 Grand Junction Police Department for investigation of the background
and financial interest of each individual applicant, each partner
holding over 10 percent interest of a partnership, and each officer,
director and holder of over 10 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) The
investigation conducted by the Grand Junction Police Department shall
be sufficient to verify the accuracy of all the information submitted
as part of the application. The Grand Junction 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 records, 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/her application
for a license.
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 grounds,
in whole or in part, that the license(s) 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. 4324, 2-4-09. Code 1994 § 10-280)
(a) Not
less than 10 days prior to the date of the hearing, the City shall
make known the 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 the licensing authority approving or denying an application
shall be in writing stating the reasons therefor and shall be made
within 30 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 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 10 percent in interest of a partnership or in the officers, directors or holders of over 10 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 30 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 Grand Junction Police Department shall thereafter conduct an investigation and make a recommendation as set out in GJMC §
5.20.080.
(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. 4324, 2-4-09. Code 1994 § 10-290)
Application for the renewal of an existing license shall be
made to the licensing authority not less than 45 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 10 days
and notice of the hearing has been provided the applicant at least
10 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. 4324, 2-4-09. Code 1994 § 10-300)
(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 GJMC §
5.20.060. 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 10 days and written notice of the hearing has been provided the applicant at least 10 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. 4324, 2-4-09. Code 1994 § 10-310)
(a) It
is unlawful to operate or cause to be operated a massage parlor which
is in violation of GJMC Title 21, Zoning and Development.
(b) It
is unlawful to operate or cause to be operated a massage parlor within
1,000 feet of:
(2) A school or child care facility, as defined in GJMC Title 21, Zoning
and Development;
(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
1,000 feet of another massage parlor or an adult business as defined
in GJMC Title 21, Zoning and Development.
(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) of this section, the distance between any two massage parlors 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 the ordinance codified in 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 the ordinance codified in this chapter 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 GJMC Title 21, Zoning and Development, public
park, residential district, a residential lot, or adult business within
1,000 feet of the massage parlor; 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.
(h) No
changes of location for a licensed massage parlor shall be allowed.
(Ord. 4324, 2-4-09. Code 1994 § 10-320)
(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 $50.00
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 Grand Junction 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 Grand Junction 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 45 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 GJMC §
5.20.140. In the event of a denial, an applicant shall have the right to a hearing before the licensing authority as set forth in GJMC §
5.20.140.
(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 48 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 $10.00.
(Ord. 4324, 2-4-09. Code 1994 § 10-340)
(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 law or permitted
patrons or employees to engage in acts of prostitution or negotiations
for acts of prostitution with 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 Grand Junction 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 30 days after the hearing suspending
or revoking the licensee’s license based on its findings of
fact. No suspension shall be for a period longer 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) of this section 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 or her license.
(5)
(i) 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 for 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.
(ii)
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 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.
(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. 4324, 2-4-09. Code 1994 § 10-350)
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 10 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 10 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 or she is, with respect to his or her character,
record and reputation, satisfactory to the licensing authority.
(Ord. 4324, 2-4-09. Code 1994 § 10-360)
(a) It
is unlawful for any person:
(1) To operate a massage parlor anywhere within the City without holding
a valid Grand Junction 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 GJMC §
5.20.130;
(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 18 years of age, unless such person is accompanied
by his or her 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 18 years, unless such person is accompanied
by his or her parent or legal guardian, or has a physician’s
prescription for such massage services;
(5) To employ any person under the age of 18 years in a massage parlor; however, if any person who is not 18 years of age exhibits a fraudulent proof of age that he or she is 18 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 (18) YEARS OF AGE
TO BE IN OR UPON THESE PREMISES AT ANY TIME UNLESS HE OR SHE IS ACCOMPANIED
BY HIS OR HER 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
(18) YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS
HE OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN, OR
HAS A PHYSICIAN’S PRESCRIPTION FOR SUCH MASSAGE SERVICES.
|
FINES OR IMPRISONMENTS MAY BE IMPOSED BY THE COURTS FOR VIOLATION
OF THESE PROVISIONS UNDER THE GRAND JUNCTION 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 Grand Junction Police Department or agent of the City.
(b) No
massage parlor shall be open for business between the hours of 12:00
midnight and 6:00 a.m.
(Ord. 4324, 2-4-09. Code 1994 § 10-370)
(a) Any person violating any provision of this chapter shall be punished pursuant to GJMC §
1.04.090.
(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. 4324, 2-4-09. Code 1994 § 10-380)
All employees of the establishment 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. 4324, 2-4-09. Code 1994 § 10-390)
The application for a massage parlor license shall constitute
consent of the licensee and his or her agents or employees to permit
the Grand Junction 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. 4324, 2-4-09. Code 1994 § 10-400)
The following classes of persons and establishments are exempted
from this chapter:
(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 that 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 §
12-8-101,
C.R.S. 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 Title
12, Article
59, C.R.S.;
(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;
(Ord. 4324, 2-4-09. Code 1994 § 10-410)
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. 4324, 2-4-09. Code 1994 § 10-420)
(a) Any
person who performs, offers or agrees to perform any act of sexual
intercourse, anal intercourse, cunnilingus, fellatio or masturbation
with any person not his or her spouse in exchange for money or other
thing of value commits prostitution.
(b) Any
person, while giving a massage or while appearing nude or semi-nude,
who permits or encourages another person not his or her spouse to
masturbate in exchange for money or other thing of value commits prostitution.
(Ord. 4324, 2-4-09. Code 1994 § 10-430)
Any person who does any of the following commits soliciting
for prostitution:
(a) Solicits
another for the purpose of prostitution;
(b) Arranges
or offers to arrange a meeting of persons for the purpose of prostitution;
(c) By
word, gesture or action, endeavors or arranges to further the practice
of prostitution or to obtain the services of a prostitute; or
(d) Directs
another to a place knowing such direction is for the purposes of prostitution.
(Ord. 4324, 2-4-09. Code 1994 § 10-440)
Any person who for money or other thing of value knowingly arranges
or offers to arrange a situation in which a person may practice prostitution
commits pandering.
(Ord. 4324, 2-4-09. Code 1994 § 10-450)
Any person who has or exercises control over the use of any
place which offers seclusion or shelter for the practice of prostitution
and who performs any one or more of the following commits keeping
a place of prostitution:
(a) Knowingly
grants or permits the use of such place for the purpose of prostitution;
or
(b) Permits
the continued use of such place for the purpose of prostitution after
becoming aware of facts or circumstances from which he should reasonably
know that the place is being used for purposes of prostitution.
(Ord. 4324, 2-4-09. Code 1994 § 10-460)
(a) Any
person who offers or agrees to pay money or other thing of value to
a person not his or her spouse in exchange for the performance of
an act of sexual intercourse commits patronizing a prostitute.
(b) Any
person who enters or remains in a place of prostitution, with intent
to engage in an act of sexual intercourse with a person not his or
her spouse, in exchange for the payment of money or other thing of
value, commits patronizing a prostitute.
(Ord. 4324, 2-4-09. Code 1994 § 10-470)
Any person who by word, gesture or action, endeavors to further
the practice of prostitution in any public place or within public
view commits prostitute making display.
(Ord. 4324, 2-4-09. Code 1994 § 10-480)
In addition to any fines, costs or other penalty that the court
may impose, a conviction, plea of guilty, no contest or entry of a
deferred judgment or sentence to a violation of this chapter shall
result in forfeiture to the seizure fund of the Grand Junction Police
Department of any monies used in the commission of a violation of
this chapter.
(Ord. 4324, 2-4-09. Code 1994 § 10-490)
For the purposes of this chapter, the words and phrases used
herein, unless the context otherwise indicates, shall have the following
meaning:
Anal intercourse
means sexual contact between human beings of the genital
organs of one and the anus of another.
Cunnilingus
means any act of oral stimulation of the vulva or clitoris.
Fellatio
means any act of oral stimulation of the penis.
Masturbation
means stimulation of the genital organs by manual or other
bodily contact exclusive of sexual intercourse.
Nude
means the appearance of a human bare buttock, anus, male
genitals, female genitals or female breast.
Semi-nude
means a state of dress in which clothing covers no more than
the genitals, pubic region or areola of the female breast, as well
as portions of the body covered by supporting straps or devices.
Sexual intercourse
means real or simulated intercourse, whether genital-genital,
anal-genital, anal intercourse, cunnilingus or fellatio, between human
beings of the opposite or same sex or with an artificial device.
(Ord. 4324, 2-4-09. Code 1994 § 10-500)