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Massage Establishment Ordinance

Adopted at Town Meeting on February 7, 1977

Published on February 15, 1977

Effective Date:  March 2, 1977

 

Section 1          SHORT TITLE

 

This ordinance shall be known and may be cited as “The Town of Bolton Massage Establishment Ordinance.”

 

Section 2          POLICY

 

It is hereby declared that the unregulated practice of massage can harm or endanger the health, safety and welfare of the public and that the business of operating massage establishments is a business affecting the public health, safety and general welfare.

 

Section 3          DEFINITIONS

 

For purposes of interpretation and enforcement, and unless the context requires otherwise, words and terms used in this ordinance shall have the meanings ascribed to them as follows:

 

(a)                 “Health Director” shall mean the Health Director of the Town of Bolton or his lawful designee.


(b)                 “Massage” shall mean any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the human body with the hands and, or, with the aid of any object or mechanical or electrical apparatus or appliance, with or without any supplementary aids such as rubbing alcohol, linements, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.  For purposes of this definition, the use of any aids or processes used or offered as supplementary or incidental to the above, including heat lamps, hot and cold packs, tubs, showers, cabinet baths or steam and dry heat baths, shall be considered a part of the “massage.”


(c)                 “Massage Establishment” shall mean any establishment, by whatever name called, where any person engages in or carries on or permits to be engaged in or carried on any of the activities of massage.


(d)                 “Massagist” shall mean any person who, for any consideration, engages in the practice of massage.


(e)                 “Person” shall mean any individual, and unless the context clearly requires otherwise, any corporation, partnership, association, joint stock company or combination of individuals of whatever form or character.

 

Section 4          PERMIT TO OPERATE

 

(a)                 No person shall engage in, conduct or carry on or permit to be conducted, or carried on, in or upon any premises in the Town of Bolton, the operation of a massage establishment without first having obtained a permit to operate a massage establishment from the Health Director.


(b)                 All applicants for a permit to operate a massage establishment shall be in writing, signed and sworn to by the applicant, and shall set forth:

 

(1)                 the name and address of each applicant.


(2)                 that the applicant is at least 18 years of age.


(3)                 the proposed place of business and facilities therein.


(4)                 the exact nature of the massage to be administered.


(5)                 such other information as may be necessary in order for the Health Director to make any determination required by this ordinance.

 

(c)                 Each application shall be accompanied by a fee of $50.00 which shall not be refundable, to defray the cost of administration.


(d)                 The Health Director shall issue a permit to operate a massage establishment upon finding:

 

(1)                 all requirements concerning operation and facilities described in this ordinance will be compiled with as of the effective date of the permit.


(2)                 compliance with all other statutes, codes or ordinances including health, zoning, building, fire and safety requirements of the State of Connecticut or the Town of Bolton, 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)                  

(i)                   that the applicant or any person directly engaged in the operation or management of the 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 or pandering, and has not had a permit to operate a massage establishment or a massagist permit suspended or revoked in this or any other state; or


(ii)                 that such conviction, suspension or revocation occurred at least three years prior to the date of the application; or


(iii)                that notwithstanding such conviction, suspension or revocation, the public health, safety or welfare would not be impaired.

 

Section 5          MASSAGIST PERMIT

 

(a)                 No person shall engage in the practice of massage without first having obtained a massagist permit from the Health Director.


(b)                 All applications for a massagist permit shall be in writing, signed and sworn to by the applicant, and shall set forth:

 

(1)                 the name and address of the applicant.


(2)                 that the applicant is at least 18 years of age.


(3)                 such other information as may be necessary in order for the Health Director to make any determination required by this ordinance.

 

(c)                 Each applicant shall provide sufficient identification to establish that the applicant is in fact the person applying for the permit.


(d)                 Each applicant shall present a certificate from a physician licensed to practice in the State of Connecticut stating that the applicant has been examined and found to be free of any contagious or communicable disease and showing that the examination was conducted within 30 days prior to the submission of the application.


(e)                 Each application shall be accompanied by a fee of $15.00 which shall not be refundable, to defray the cost of administration.


(f)                   The Health Director shall issue a massagist permit upon finding:

 

(1)

      (i)         That the applicant has successfully completed a course of study at a school

or institution of learning which has for its purpose the teaching of the theory, practice, method, profession or work of massage including anatomy, physiology, hygiene and professional ethics and which is recognized or approved by the Department of Education, Commission on Higher Education, or Department of Health of the State of Connecticut or by the American Massage and Therapy Association; or

 

(ii)         That the applicant has successfully completed a course of study at a school or institution as described in subsection (1) (i) which requires a course of study not less than seventy hours, to be given in no 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; or

 

(iii)        That the applicant, through past experience and training, possesses a sufficient knowledge of the theory, practice, method, profession or work of massage and of anatomy, physiology, hygiene and professional ethics such that the granting of a permit to the applicant would not impair the public health, safety or welfare.


(2)

(i)         That the applicant 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 or pandering, and has not had a permit to operate a massage establishment or a massagist permit suspended or revoked in this or any other state; or

 

(ii)         That such conviction, suspension or revocation occurred at least three years prior to the date of the application; or

 

(iii)        That notwithstanding such conviction, suspension or revocation, the public health, safety or welfare would not be impaired.

 

Section 6          LIMITED MASSAGIST PERMIT

 

(a)                 Any applicant who meets all requirements and provisions of Section 5 except those in subsection 5 (f) (1) may be granted a limited massagist permit if the applicant provides a certificate signed and sworn to by the holder of a valid permit issued under Section 5, whereby the holder of said permit agrees, without condition, to supervise, control and accept responsibility for the administering or practice of massage by the applicant should such applicant be granted a limited massagist permit.


(b)                 No person to whom a limited massagist permit has been granted, shall administer or practice massage except under the direct supervision and control of the holder of a massagist permit who has agreed to accept responsibility for said person as provided in subsection (a).

 

Section 7          RENEWAL OF PERMITS

 

(a)                 A permit to operate a massage establishment, a massagist permit and a limited massagist permit shall be valid, unless revoked or suspended, for one year from the date of issuance.


(b)                 Application for renewal shall be made at least 60 days before expiration and shall be in the form and manner as required for application for the original permit.


(c)                 Each application for renewal of a permit shall be accompanied by a fee in the amount as provided for the original permit.


(d)                 The Health Director shall renew each permit no later than 30 days before expiration, upon making such findings as are required for issuance of the original permit.


(e)                 If renewal of any permit is denied, the Health Director shall notify the holder of the permit in writing, not later than 30 days before expiration of the permit, of the facts and of the specific section or sections of this ordinance upon which his determination was made.

 

Section 8          HEARINGS, DENIAL OF PERMIT OR RENEWAL

 

(a)                 Any person aggrieved by the denial of a permit to operate a massage establishment, a massagist’s permit or limited massagist’s permit or by the denial of renewal of such a permit may request, in writing, a hearing before the Health Director, at which hearing such person shall be afforded the opportunity to present evidence and argument on all facts or issues involved.


(b)                 The Health Director shall, upon receiving a request for a hearing under subsection (a), schedule a hearing not later than fifteen days from the date of actual receipt of the request and shall notify all parties of the time and place thereof.


(c)                 The Health Director shall render a decision within 10 days of the date of a hearing held under subsection (b).

 

Section 9          REVOCATION OR SUSPENSION OF PERMIT

 

(a)                 The Health Director may revoke or suspend any permit to operate a massage establishment if he finds:

 

(1)     That the applicant for the permit has knowingly or negligently made any
false or misleading statement in applying for the permit.


(2)     That the provisions of this ordinance are violated or that the holder of the permit, or any agent or employee of the holder, including a massagist, has been convicted of any offense found in Section 4 (d) (4) and the holder has actual or constructive knowledge of the violation or conviction.


(3)     That the holder of the permit has refused to permit the Health Director or any other duly authorized officer to make a reasonable inspection of the premises or the operation therein, or unduly hinders such inspection.

 

(b)                 The Health Director may revoke or suspend any massagist permit or limited massagist permit if he finds:

 

(1)     That the applicant for the permit has knowingly or negligently made any false or misleading statement in applying for the permit.


(2)     That the holder of the permit has been convicted of any offense found in Section 5 (f) (2).

 

(c)

(1)     The Health Director shall not revoke or suspend any permit issued under this ordinance without notifying the holder of the permit, in writing, of the facts and of the specific section or sections of this ordinance upon which his determination was made, and of the holder’s right to request a hearing before the Health Director and to present evidence or argument on all facts or issues involved.


(2)     A request for a hearing under subsection (c) (1) 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 Health Director finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his notice, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined.

 

Section 10         TRANSFERABILITY

 

No permit issued pursuant to this ordinance shall be transferable.

 

Section 11         FACILITIES

 

No permit to operate a massage establishment shall be granted until the Health Director has established, following inspection, that the establishment complies with each of the following minimum requirements.

 

(a)                 Construction of rooms used for toilets, tubs, steam baths and showers shall be waterproofed with approved waterproof materials.


(b)                 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 shall be provided for each twenty 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.


(c)                 Lavatories or wash basins provided with both hot and cold running water shall 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.

 

Section 12         OPERATING REQUIREMENTS

 

(a)                 Every portion of the massage establishment, including appliances and apparatus, shall be clean and in good repair and operated in a sanitary condition.


(b)                 All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty.


(c)                 All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in an approved sanitary manner, provided, however, that appropriate single service disposal items may be utilized in lieu of sheets and towels.


(d)                 Pads used on massage tables shall be covered in workmanlike manner with durable, washable plastic or other acceptable waterproof material.


(e)                 Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation and bathtubs shall be thoroughly cleaned after each use.


(f)                   All equipment and materials utilized by practitioners of massage shall be in safe and sanitary order and so maintained and operated as to preclude any danger or hazard to patron or practitioner.


(g)                 No massagist affected by any contagious or communicable disease shall practice massage and each massagist shall, from time to time, as the Health Director may reasonably require, present a certificate as provided for in Section 5 (d).


(h)                 Massagists shall not diagnose or treat classified diseases nor practice spinal or other joint manipulation nor prescribe medicine or drugs.


(i)                   No activity enumerated in Section 3 (b) or this ordinance may be carried on in any cubicle, room, booth or area except where such cubicle, room, booth or area is so constructed or arranged such that all activity within the cubicle, room, booth or area is visible from outside the same.


(j)                   No massage establishment shall be operated and no massage administered, in violation of or in such a manner as to promote or encourage violation of any statute or ordinance, including Part VI of Chapter 952, Chapter 350, or Section 53a-186 of the General Statutes, or as they may be amended from time to tome.

 

(k)                 Each permit to operate a massage establishment and each permit of a massagist employed therein shall be conspicuously displayed within the establishment.

 

Section 13         INSPECTIONS

 

The Health Director shall, from time to time, and no less than twice a year, make an inspection of each massage establishment for the purpose of determining that the provisions of this ordinance are complied with.  Such inspections shall be made at a reasonable time and in a reasonable manner.  No permit holder shall fail to allow access to the premises for purpose of inspection or hinder such inspection in any manner.

 

Section 14         EFFECTIVE DATE

 

(a)                 The provisions of this ordinance shall apply immediately to any massage establishment which is initially opened, or which is moved to a different location, or which makes physical improvements to its place of business, after the effective date of this ordinance.  The provisions of Section 12 shall apply to all massage establishments from the effective date hereof.  All massage establishments shall comply with all provisions of this ordinance within six months from the effective date.


(b)                 Any person who is employed as a massagist in the Town of Bolton as of the effective date of this ordinance shall comply with Section 5 or Section 6 within six months of the effective date.  No other person may administer massage without first obtaining a massagist permit or limited massagist permit.

 

Section 15         EXCEPTIONS

 

This ordinance shall not apply to any school, hospital, nursing home, sanitarium, non-profit private group or club, operating in accordance with the laws of the State of Connecticut, nor to any person holding a valid certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry or to engage in the occupation of a barber, hairdresser or cosmetician under the laws of the State of Connecticut, provided, that the activities of such person are confined to those for which the certificate or license is granted, nor, to any person lawfully acting under their supervision or control, nor to any person principally employed as a domestic helper or athletic trainer, nor shall it prohibit the furnishing of assistance in the case of emergency.

 

Section 16         VIOLATIONS AND PENALTY

 

Any person, whether acting as individual, owner, employee of the owner, operator or employee of the operator, or acting as a participant or worker in any way, who administers massages or operates a massage establishment without first obtaining a permit and paying a permit fee or who violates any provisions of this ordinance shall be fined not more than $100.00.

 

Section 17         SEVERABILITY

 

If any section, subsection, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, subsection, clause, or provision so adjudged and the remainder of the ordinance shall be deemed to be valid and effective.