Section
115.01 Policy
115.02 Definitions
115.03 Transfer of permit
115.04 Permit to operate massage establishment; application; fee; issuance
115.05 Denial, revocation or suspension of massage establishment permit; hearings
115.06 Hearing on denial of permit, revocation or suspension of permit
115.07 Facilities necessary
115.08 Operating requirements
115.09 Daily register
115.10 Inspections
115.11 Applicability of regulations to existing businesses
115.12 Massage therapist permit required
115.13 Application for massage therapist permit
115.14 Issuance of massage therapist permit
115.15 Conditional permits
115.16 Denial, revocation or suspension of massage therapist permit
115.17 Notification; hearing
115.18 Hearing on denial, revocation or suspension of massage therapist permit
115.19 Exceptions
115.20 Violation prohibited
115.99 Penalty
For the purpose of this chapter, unless otherwise specifically provided, the following words and phrases shall have the following meanings ascribed to them respectively:
(A) “EMPLOYEE.” Any and all persons, other than a massage therapist, who renders any service to the permittee, and who has no physical contact with customers and clients.
(B) “MASSAGE THERAPY” or “MASSAGE.” Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. “MASSAGE” or “MASSAGE THERAPY” does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any other service or procedure for which a license to practice medicine, chiropractic, naturopathy, physical therapy, or podiatry is required by law. No person shall engage in the practice of massage or massage therapy unless the person has obtained a license from the Connecticut Department of Public Health pursuant to the Connecticut General Statutes as may be amended.
(C) “MASSAGE ESTABLISHMENT.” Any establish-ment, by whatever name, having a fixed business where any person, firm, association, or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in division (B) of this section.
(D) “RECOGNIZED SCHOOL.” Any school or institution of learning which has for its purpose the teaching of the theory, the method, profession or work of massage, which school requires a resident course of study not less than 500 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
(E) “MASSAGE THERAPIST.” A person who is licensed to practice massage therapy under the provisions of the Connecticut General Statutes as may be amended. No person shall use the title “MASSAGE THERAPIST”, “LICENSED MASSAGE THERAPIST”, “MASSAGE PRACTITIONER”, “MASSAGIST”, “MASSEUR” or “MASSEUSE”, unless the person holds a license issued in accordance with this section or other applicable law.
(Ord. 653, passed 11-10-14)
No permit shall be transferable except with the written consent of the Chief of Police or his/her designee and the approval of the Director of Health.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
(A) Permit required. It shall be unlawful for any person to engage in, conduct, or carry on or permit to be engaged in, conducted, or carried on, in or upon any premise in the town, the operation of a massage establishment, as herein defined, without first having obtained a permit from the Chief of Police. Such permit shall be in addition to any permits, licenses or requirements of the State Department of Public Health or the local Health Department.
(B) Application. Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief of Police or his/her designee and pay a filing fee of $125 which shall not be refundable. Such application shall be in writing, signed and sworn to by the applicant, and shall set forth:
(1) The exact nature of the massage to be administered, proposed place of business and facilities therein, and the name and address of each applicant;
(2) Written proof that the applicant is at least 18 years of age;
(3) Two portrait photographs of at least two inches by two inches and a complete set of the applicant’s fingerprints which shall be taken by the Chief of Police or his/her authorized representative;
(4) Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
(5) Massage or similar business license history of the applicant, whether such person has previously operated in this or in another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(6) Any criminal convictions, except minor traffic violations; and
(7) Such other information as may be necessary in order for the Chief of Police or his/her designee to make any determination required by this chapter.
(C) Issuance of massage establishment permit. The Chief of Police or his/her designee issue a permit to operate a massage establishment upon finding:
(1) All requirements concerning the operation and facilities described in this chapter are met as of the effective date of the permit.
(2) Compliance with all local and state statutes, codes, chapters rules and regulations, including, health, housing, planning, zoning, building, fire and safety requirements as well as terms and conditions as the State Commissioner of Public Health or the local health director finds necessary and proper as of the effective date of the permit.
(3) That the nature of the massage administered will not endanger the health or safety of patrons of the massage establishment.
(4) That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment has not been convicted of a felony, an offense involving the unauthorized practice of the healing arts, sexual misconduct with minors, obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, pandering or human trafficking and has not had a permit to operate a massage establishment or massage permit suspended or revoked in this town or any other town or state; or that such conviction, suspension or revocation occurred at least three years prior to the date of the application.
(5) The applicant must furnish authorization to the Chief of Police or his/her authorized representatives, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for permit. The Chief of Police may require, and the applicant must furnish any other identification and information to discover the truth of the matter hereinbefore specified as required to be set forth in the application.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
(A) The Chief of Police may deny, revoke or suspend any massage establishment permit if it is found:
(1) That the applicant or holder of a permit has knowingly or negligently made any false or misleading statement in applying for the permit;
(2) That the applicant, holder of the permit or any person directly engaged in the operation or management of the massage establishment has been convicted of any offense stated above in § 115.04(C)(4), and/or has had a permit to operate a massage establishment or massage therapist permit suspended or revoked in this or any other state;
(3) That such conviction, suspension or revocation occurred less than three years prior to the date of the application;
(4) That the applicant, holder of a permit or any person engaged in the operation or management of the massage establishment has violated any of the provisions of this chapter; or
(5) That the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the town to inspect the premises or the operation therein.
(B) The Chief of Police shall not deny, revoke or suspend any permit issued under this chapter without notifying the applicant or holder of the permit, in writing, of the facts and other specific section or sections of this chapter upon which a determination was made, and of the applicant or holder’s right to request a hearing before the Chief of Police and to present evidence or argument on all facts or issues involved.
(C) A request for a hearing shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon, provided however, that if the Chief of Police finds that the public health, safety and welfare requires emergency action and incorporates a finding to that effect in his/her notice, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues shall be promptly determined.
(Ord. 653, passed 11-10-14)
(A) Any person aggrieved by the denial of a permit to operate a massage establishment or any renewals required, or the suspension or revocation of a permit to operate a massage establishment, may request, in writing, a hearing before the Chief of Police, at which hearing such person shall be afforded the opportunity to present evidence.
(B) Such request must be received within ten business days of receipt of notice of such denial, revocation or suspension and shall be sent to the Office of the Police Chief.
(C) The Chief of Police shall schedule a hearing within a reasonable number of days and all facts and issues shall be promptly determined.
(Ord. 653, passed 11-10-14)
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