[HISTORY: Adopted by the Town Council of the Town of Plainville 2-4-1980; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety and welfare.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
AUTHORIZED AGENT
A person designated by the Director of Health to act for him in administering any state or local codes, regulations, or ordinance pertaining to massage establishments or massage therapy.
CONNECTICUT-LICENSED MASSAGE THERAPIST
A person who has been licensed to practice massage therapy under the provisions of §§ 20-206a to 20-206c, inclusive, of the Connecticut General Statutes.
EMPLOYEE
Any and all persons other than the massage therapist who render any service in a massage establishment who have no physical or aid treatment contact with customers or clients.
MASSAGE ESTABLISHMENT
Any establishment having a fixed or mobile business where any person, association, partnership, or corporation engages in or carries on, or permits to be engaged in or carried on, any of the activities pertaining to massage therapy.
MASSAGE THERAPY
The systematic and scientific manipulation and treatment of the soft tissues of the body, by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion and nonspecific stretching. Massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat, or cabinet baths, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical and mental condition. "Massage therapy" does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any service or procedure for which a license to practice medicine, chiropractic, naturopathy, physical therapy, or podiatry is required by law.
No massage establishment, fixed or mobile, shall be located within a distance of 500 feet of a public or private educational facility, public library, structure or building used for conducting religious services, or any other massage establishment.
A. 
The practice of massage therapy shall be limited to those persons who fulfill all requirements enumerated in § 20-206a et seq. of the Connecticut General Statutes.
B. 
It shall be unlawful for any person to operate a massage establishment without a permit approved by the Director of Health or his authorized agent.
Each applicant wishing to maintain, operate or conduct a massage establishment shall file a permit application on forms provided by the Director of Health and pay a filing fee as provided in Chapter 215, Fees.
A. 
The permit application to operate a massage establishment shall set forth the exact nature of the massage to be administered, proposed place of business, fixed or mobile, and all facilities therein, and the name(s), address(es) and telephone number(s) of each applicant, all its owners and managers.
B. 
The application shall indicate the massage or similar business license history of all applicants, managers and owners, including whether such person has previously operated in this state or any other state under license, has had any such license revoked or suspended, the reason therefor and the business activities or occupations subsequent to such action of suspension or revocation.
C. 
All applicants, managers and owners shall indicate any criminal convictions incurred, except minor traffic violations, on their permit application.
D. 
If the applicant is not a practitioner of massage, then the application shall designate a licensed massage therapist to be the agent of the principal owner(s) and operator(s) and to be in constant, direct and personal supervision and responsible for said establishment.
E. 
Appropriate certificates showing proper compliance with all other applicable rules, regulations, codes, ordinances and statutes, including but not limited to planning, zoning, building, housing, fire and health codes of the Town of Plainville and the State of Connecticut, shall be provided a the time of application.
F. 
The Director of Health may require additional documented or testimonial information to support the application.
A. 
The permit application to operate a massage establishment shall be submitted to the Director of Health at least 30 days in advance of the proposed opening for operation of the establishment. Any permit issued under these regulations shall be valid until the next renewal date. Upon denial of an application for an original or subsequent permit, the Director of Health shall notify the applicant in writing of such denial by mailing a notice via certified mail to him at the address shown on the most recent application.
B. 
The Director of Health may suspend, revoke or refuse to issue or renew any permit of any massage establishment regulated under this chapter if the applicant does not properly comply with any requirement of this chapter or is involved in any violations or adjudications, including but not limited to the following:
(1) 
Is convicted of any offense involving moral turpitude, obscenity, sexual misconduct, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering, the record of conviction being conclusive evidence thereof.
(2) 
Is legally adjudicated insane or mentally incompetent, the record of such adjudication being conclusive evidence thereof.
(3) 
Uses or permits to be used on the premises any narcotic or any controlled drug, as defined in § 21a-240 of the Connecticut General Statutes, to an extent or in a manner that such use impairs his/her ability to direct the establishment and endangers any clients or other personnel.
(4) 
Fails to maintain standards of this chapter or requirements prescribed and published by the Director of Health.
(5) 
Furnishes or makes any misleading or any false statement of report to the Director of Health or his authorized agents.
(6) 
Fails to provide, maintain, equip and keep in a safe and sanitary condition the premises established for and used by clients pursuant to minimum standards prescribed by the Director of Health or by ordinances, statutes, codes, standards or regulations applicable to the establishment.
(7) 
Willfully or deliberately violates any of the provisions of this chapter.
(8) 
Employs any unlicensed massage therapist.
A. 
Applications for renewal of permits shall be made one year from date of issuance and shall be accompanied by a permit fee as provided in Chapter 215, Fees, to operate a massage establishment. This fee shall not be refundable.
B. 
Application for annual renewal of permits is to be made on forms supplied by the Director of Health. Each applicant for a permit shall sign a statement on the renewal form that all information stated in the original permit application continues to be correct. If there are changes in the information, then these are to be detailed on the renewal application.
The permit for the massage establishment shall be posted in a conspicuous place in the establishment. Licenses of all massage therapists must also be present and posted in a conspicuous place within the establishment. Failure to so post any permit or license shall result in the presumption that the establishment and/or its massage therapists are operating in violation of this chapter.
No permit to operate a massage establishment shall be issued unless an inspection by the Director of Health, his agent or, if applicable, an agent of the State Department of Public Health reveals that the establishment complies with all of the following minimum requirements. On issuance of an original or renewal permit, the Director of Health, his agent or, if applicable, an agent of the State Department of Public Health shall review the premises and establish that all sanitary facilities are in compliance with all provisions of the Connecticut Public Health Code, state statutes, regulations, and local ordinances, and that all food and beverage service areas are in compliance with appropriate regulations, statutes, codes, standards, regulations and ordinances.
A. 
Construction of rooms used for toilets, tubs, steam baths, whirlpools, and showers shall be waterproofed with approved waterproof materials.
B. 
Toilet facilities shall be provided in convenient locations. When five or more employees and/or patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per section shall be provided for each 20 or more employees and/or patrons or fraction thereof of that sex capable of being on the premises at any one time. Urinals may be substituted in lieu of every other water closet after one water closet has been provided for males. Toilets shall be designated as to the sex to be accommodated and meet all Public Health Code requirements.
C. 
A minimum of one lavatory or water basin shall be provided for every 20 or more employees and/or patrons with both hot and cold running water supplied through a mixing valve installed in either the toilet room or vestibule immediately located adjacent to toilet rooms. Lavatories or washbasins shall be provided with soap in a proper dispenser and with sanitary towels or adequate drying devices. No common toweling of any kind will be allowed.
D. 
Water supplies and sewage and waste disposal systems shall be in compliance with all regulations of the Connecticut Public Health Code and applicable local ordinances, rules and regulations of the Town of Plainville.
E. 
Refreshment facilities shall be separated from service facilities and shall be in compliance with all regulations of the Town of Plainville and the Connecticut Public Health Code regarding food and beverages.
No massage establishment shall modify the physical layout in any way without first submitting plans to and receiving approval therefor from the Director of Health and any other department of the Town when so required.
No permit for a massage establishment shall be transferable except by written application to and approval by the Director of Health; provided, however, that upon the death or incapacity of the authorized permittee of an existing massage establishment, the establishment may continue in business for 30 days after death or incapacity of the authorized permittee, provided that a licensed massage therapist is on staff, to allow for an orderly application process for a new permit.
No massage establishment granted a permit under the 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 described and authorized under definitions and licensure in these regulations, or that employees or massage therapists are dressed in such a manner or behave in such a manner as to suggest that they or the establishment is engaged in keeping or residing in a house of ill fame, soliciting of a lewd or unlawful act, prostitution or pandering. Nor shall any massage establishment indicate in the text of such advertising that any services are available other than those described and authorized under approved licensure and definitions of this chapter.
A full schedule of service rates shall be posted in a prominent place within the massage establishment in such a manner as to come to the attention of all patrons before they receive any services. No charges other than the specified rates for specified services are to be allowed without the patron being notified of the full cost prior to the rendering of any service. Such rates shall be posted with the display of the permit for the massage establishment and the licenses of the massage therapists.
These regulations shall not apply to any school, nonprofit private United Way agency, hospital, nursing home or sanitarium, clinic or rehabilitation facility operating in accordance with the laws of the State of Connecticut, nor to any employee working under the direction of such facility, nor to any person holding a valid, unrevoked certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry nor the persons engaged in the occupations of 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, or persons lawfully acting under their supervision or control, nor shall it prohibit the furnishing of assistance in the case of emergency.
A. 
Every portion of the massage establishment, including appliances and apparatus, shall be clean and at all times properly maintained and operated in a sanitary condition.
B. 
All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provisions for separate dressing rooms 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 and meet all minimum requirements of the Connecticut Public Health Code and standards of the Director of Health.
C. 
All employees and massage therapists must be modestly attired at all times.
D. 
Individual sanitary sheetings shall be provided for each patron to lie on during massage; moreover, the patron's body shall be covered appropriately except for the portion thereof being subjected to massage.
E. 
All massage establishments shall provide separate clean laundered sheets and towels in sufficient quantity and they shall be properly laundered after each such use thereof and stored in an approved sanitary manner.
F. 
Appropriate single-service disposal items may be utilized in lieu of sheets and towels.
G. 
All wet and dry heat rooms, shower compartments, table or bench facilities and toilet rooms shall be kept clean and so maintained each day the business is in operation. All bathtubs shall be thoroughly cleaned after each use.
H. 
Massage therapy as defined in this chapter must be carried on in one cubical, room, booth or area within the permitted facility. No massage therapy may be carried on in any other cubical, room, booth or area except where such cubical, room, booth or area has unobstructed transparent doors or walls so that all activity within a cubical, room, booth or area is visible from outside the same.
I. 
A massage establishment shall not conduct business between the hours of 11:00 p.m. and 8:00 a.m.
J. 
No alcoholic beverage or other intoxicant shall be displayed, served, ingested, brought to, or sold on the premises of said massage establishment.
K. 
An adequate supply of hot and cold running water must be available constantly during hours of operation.
L. 
Individual soap and towels must be available for each person's use.
M. 
Each massage therapist shall thoroughly cleanse his or her hands by washing immediately before serving any patron.
N. 
Mechanical apparatus such as heat lamps, tanning lights, sun lamps, hot and cold packs, tubs, special showers, cabinet baths, redwood baths, steam or dry heat baths, and the like shall be utilized only by and under the constant direct personal supervision of a licensed massage therapist.
O. 
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.
P. 
No part of a percussor, vibrator, or other device (mechanical or otherwise) which cannot be appropriately sterilized or sanitized shall be applied directly to the skin of a patron, but the part of the body administered to shall be covered with clean towel or napkin or else the device shall be covered in a similar manner.
Q. 
No patron who may be deemed to be possibly suffering from an infectious, contagious, or communicable disease particularly of the body surfaces shall be provided with any service unless such patron shall have furnished a certificate from a licensed physician to the effect that the disease or condition is not of transmissible nature.
R. 
Notice shall be given to the Director of Health by telephone and confirmed within 48 hours in writing by the proprietor of a massage establishment of any infectious, contagious or communicable disease occurring amongst any employees or massage therapists. No employee or massage therapist considered affected by such a disease shall continue in work until approved by the local Director of Health and/or the Connecticut State Department of Public Health. Each person so reported shall at the discretion of the Director of Health submit to a medical examination by a licensed physician and supply such specimens of body fluids or discharge for examination as may be required.
S. 
Massage therapists shall not diagnose or treat classified diseases nor practice spinal or other joint manipulation nor prescribe any medication or drugs.
T. 
Heliotherapy may be administered only by a registered physical therapist because of serious, severe and unpredictable hazards associated therewith.
U. 
Appropriate monitoring and safety devices as well as emergency call systems shall be available as deemed necessary by the Director of Health in connection with special techniques utilized in a massage establishment.
V. 
Temperatures of water baths of any type shall not exceed 105° F. and patrons shall not be subjected to exposure of more than 30 minutes.
W. 
Steam cabinet or room bath temperatures shall not exceed 110° F. and patrons shall not be subjected to exposures exceeding 30 minutes.
X. 
Dry heat cabinet or room bath temperatures shall not exceed 165° F. and patrons shall not be subjected to exposures exceeding 30 minutes.
Y. 
No person shall use for housing, sheltering or harboring of employees, other persons or animals any massage establishment, or cause or permit the same or any area directly connected thereto to be used as living or sleeping quarters by any owners, managers, employees, clients or other individuals.
Every person, except persons who are specifically exempt by this chapter, whether acting as individual, owner, agent or employee of the owner, operator or employee of operator, or acting as a participant or worker in any way, who provides massage therapy or conducts a massage establishment without first obtaining a permit and paying a permit fee to the Town of Plainville or shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not to exceed $250, and every day of any such continued violation shall constitute a separate offense.