Loading...
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)
(A) No permit for a massage establishment shall be issued by the Chief of Police unless an inspection by the Director of Health or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:
(1) Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproofed with approved waterproof materials;
(2) Toilet facilities shall be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per section is provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein; and
(3) Lavatories or wash basins provided with both hot and cold running water should be installed in either the toilet room or vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
(B) The Director of Health shall certify that the proposed massage establishment complies with all the requirements of this section and shall give or send such written certification to the Chief of Police or his/her designee.
(Ord. 653, passed 11-10-14)
(A) Every portion of the massage establishment, including appliance, apparatus and personnel shall be kept clean and operated in a sanitary condition.
(B) All employees and massage therapists shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provision for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
(C) All employees and massage therapists must be modestly attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employees or massage therapists’ chest at all times.
(D) Private parts of patrons must be covered by towels, cloth or undergarments when in the presence of any employee or massage therapist. Any contact with a patron’s genital area is strictly prohibited.
(E) All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved sanitary manner.
(F) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day business is in operation. Bathtubs shall be thoroughly cleansed after each use.
(G) No massage establishment granted a permit under provisions of this chapter shall place, publish, or distribute or cause to be placed, published, or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available other than those services as described in § 115.02 of this chapter, or that employees or massage therapists are dressed in any manner other than described in division (C) of this section; nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 115.02 of this chapter.
(H) Services enumerated in § 115.02(B) of this chapter must be carried on in one cubicle, room, booth or area within the massage establishment. No service enumerated in § 115.02(B) of this chapter may be carried on in any cubicle, room, booth or area except where such cubicle, room, booth or area has doors or walls so that all activity within a cubicle, room, booth or area is visible from outside the same. No massage service or practice shall be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked.
(I) No alcoholic beverage or other intoxicant shall be displayed, served, ingested or sold on the premises of the massage establishment.
(J) A full schedule of service rates shall be posted in a prominent place within the massage parlor in a manner as to come to the attention of all patrons. No charges other than the specified rates for specified services are to be allowed with the patron being notified of the full cost prior to the rendering of any service.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Chief of Police or his/her designee, of all patrons with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. The daily register shall at all times during business hours be subject to inspection by Health Department officials, by the Police Department and shall be kept on file for one year.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
The Police Department and the Health Department shall from time to time, perform an inspection for each massage establishment in the town for the purposes of determining that the provisions of this chapter are complied with. The inspections shall be made at a reasonable time, in a reasonable manner. It shall be unlawful for any permittee to fail to allow the inspection officer access to the premises or to hinder the officer in any manner.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
Holders of any existing massage establishment permits heretofore issued under any provision of law are required to comply with all provisions of this chapter.
(Ord. 653, passed 11-10-14) Penalty, see § 115.99
Loading...