The following health and safety requirements shall be applicable to all permittees within the town.
(A) It shall be unlawful for any licensee to engage in the practice of massage and bodywork therapy on any person under 18 years of age without the person’s parent or legal guardian present in the room where all services occur.
(B) It shall be unlawful for any licensee to engage in the practice of massage and bodywork therapy on any person under 14 years of age without a written order directing the treatment to be given signed by a physician licensed to practice in the state.
(C) Massage and bodywork therapy shall be practiced only between the hours of 7:00 a.m. and 10:00 p.m. No permittee shall be open and practice between 10:00 p.m. and 7:00 a.m. A service commenced prior to 10:00 p.m. shall nevertheless terminate at 10:00 p.m. and all clients shall exit the premises of the business at that time. It is the obligation of the permittee to inform clients of the requirement that services must cease at 10:00 p.m.
(D) A list of the services available and the cost of such services shall be posted in the reception area within the business premises, and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No person shall offer or perform, any service other than those posted or listed as required herein, nor shall any person request or charge a fee for service other than that on the list of services.
(E) A copy of any permit issued by the town shall be displayed prominently in the reception area, or similar open public space, of the business.
(F) For each massage or bodywork therapy service provided, the permittee shall keep a complete and legible written record of the following information:
(1) The date and hour that service was provided;
(2) The service received;
(3) The name or initials of the employee entering the information;
(4) The name of the licensee administering the service;
(5) Such records shall be open to inspection by the Chief of Police;
(6) These records may not be used by any person for any purpose other than as records of service provided and may not be provided to other parties by the permittee unless otherwise required by law; and
(7) Such records shall be retained on the premises of the business for a period of two years.
(G) Permittees shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one person, unless they have first been laundered and disinfected. Towels, coverings and linens shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least 140°F for not less than 15 minutes during the washing or rinsing operation. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use. Disposable towels and coverings shall not be used on more than one person. Soiled linens and paper towels shall be deposited in separate, approved receptacles.
(H) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the state’s Department of Health and Human Services. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the state’s Department of Health and Human Services. All walls, ceilings, floors and other physical facilities for the business must be in good repair, and maintained in a clean and sanitary condition. The business or establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized.
(I) Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods.
(J) Each of the permittee’s employees shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks or chest. All bathrobes, bathing suits and/or other garments that are provided for the use of clients shall be either fully disposable and shall not be used by more than one client or shall be laundered after each use.
(K) No person shall enter, be or remain in any part of any permitted establishment while in possession of an open container of an alcoholic beverage, or consuming or using any alcoholic beverage or drugs, except pursuant to a prescription for such drugs. The person in charge of the permitted establishment shall not permit any such person to enter or remain upon such premises.
(L) No permittee shall operate as a school of massage or bodywork therapy or use the same facilities as that of a school of massage or bodywork therapy.
(M) No permittee shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service, nor shall any permittee employ language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
(N) All client’s genitals, pubic area, anus and female client’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business is in area of the business with the client. No massage or bodywork therapy shall be provided to a client that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of that client.
(O) Where staff is available to assure security for clients and staff behind closed doors, the entry to the reception area of the business shall remain unlocked during business hours when the business is open for business or when clients are present.
(P) No permittee located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that obstructs, blurs or unreasonably darkens the view into the premises.
(Q) All business signage shall be in conformance with the current code of ordinances of the town.
(R) Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where services are being performed on clients, and in all areas where clients are present.
(S) Ventilation shall be provided in accordance with applicable building codes and regulations.
(T) Hot and cold running water shall be provided at all times.
(U) Adequate dressing, locker and toilet facilities shall be provided for clients.
(V) (1) A minimum of one wash basin for employees shall be provided at all times.
(2) The basin shall be located within or as close as practicable to the area devoted to performing of massage and bodywork therapy services. Sanitary towels shall also be provided at each basin.
(W) Pads used on massage tables shall be covered with material acceptable to the state’s Department of Health and Human Services.
(X) All permittees shall comply with all state and federal laws and regulations for handicapped clients.
(Y) A licensee shall operate only under the name specified on his or her license issued by the state’s Board.
(Z) A permitted establishment shall operate only under the name specified on its permit issued by the town.
(AA) The entrance door allowing access to the business shall remain unlocked during business hours. Except as provided in division (O) above, doors to dressing rooms and treatment rooms shall not be locked. Separate dressing rooms and toilet facilities shall be provided for each sex. The premises shall be maintained in a clean and sanitary condition.
(BB) No permittee shall have more than ten licensees working or practicing at the business premises at any one time.
(CC) All therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments and hot tubs and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(DD) All liquids, creams or other preparations used on or made available to clients shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a client, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(EE) No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:
(1) Application of electricity which contracts the muscle;
(2) Application of topical lotions, creams or other substances which affect living tissue, such as chemical peel preparations or bleaches;
(3) Penetration of the skin by metal needles;
(4) Abrasion of the skin below the nonliving, epidermal layers;
(5) Removal of skin by means of any razor-edged instrument or other device or tool; and
(6) Any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures.
(FF) All combs, brushes and/or other personal items of grooming or hygiene that are provided for the use of clients shall be either fully disposable and shall not be used by more than one client, or shall be fully disinfected after each use.
(GG) No clients shall be allowed to use any shower facilities of the business unless such clients are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of clients shall be either fully disposable and shall not be used by more than one client, or shall be fully disinfected after each use.
(HH) A massage table shall be used for all massage therapy, with the exception of Thai, Shiatsu and similar forms of massage therapy, which may be provided on a padded mat on the floor; provided, the client is fully attired in loose clothing, pajamas, scrubs or similar style of garment. The table should have a minimum height of 18 inches. Beds, floor mattresses and waterbeds are not permitted on the permittee’s premises.
(II) All locker facilities that are provided for the use of clients shall be fully secured for the protection of the client’s valuables, and the client shall be given control of the locker key or other means of access.
(JJ) The permittee shall comply with all required local and state building standards.
(KK) Proof of malpractice insurance in the sum of no less than $1,000,000 shall be provided to the Chief of Police.