§ 22-178. Unlawful acts.

(a)

It is unlawful for any person to:

(1)

Operate a massage parlor anywhere within the city without holding a valid city massage parlor license;

(2)

Work in or upon the licensed premises of a massage parlor administering massages without obtaining and displaying a valid identification card pursuant to section 22-175 of this article;

(3)

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 parent or legal guardian, or has a physician's prescription for such massage services;

(4)

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 parent or legal guardian, or has a physician's prescription for such massage services;

(5)

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 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 subsections (3) and (4) of this section, unless the person inspecting such proof of age knew or should have known that such proof of age was fraudulent or that the employed individual was under the age of 18;

(6)

Fail to display at all times in a prominent place on the licensed premises a printed card with a minimum height of 14 inches and a width of 11 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 THE 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 IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER THE CITY CODE AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES.

(7)

Permit, on the licensed premises, any unlawful controlled substance, including marijuana, as defined in C.R.S. title 18, art. 18, as amended;

(8)

Permit any fermented malt beverages, or malt, vinous, or spirituous liquors on the licensed premises;

(9)

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 genitals, anus, or female breasts during a massage;

(10)

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)

Engage in, encourage, or request, or to permit any person to engage in, encourage, or request acts of masturbation while on the licensed premises; or

(12)

Interfere with or refuse to permit any inspection of the licensed premises by the city police department, code enforcement officers, or other agent of the city.

(b)

Massage parlor shall be open for business between the hours of 12:00 midnight and 6:00 a.m.

(Code 1981, § 16-18; Ord. No. 3292, § 1, 10-21-1996)

State law reference

Unlawful acts, C.R.S. § 12-48.5-110.