[HISTORY: Adopted by the Town Council of
the Town of Wethersfield as Secs. 6-6-1 through 6-6-24 of the Code
of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 46.
This chapter shall be known and may be cited
as the "Massage Parlor Ordinance for the Town of Wethersfield."
It is hereby declared that the business of operating
massage establishments as defined herein is a business affecting the
public health, safety and general welfare.
For the purpose of this chapter, the following
words and phrases shall have the meanings ascribed to them by this
section:
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee, who have no physical contact
with customers and clients.
A hospital as described in the Connecticut Blue Cross, Inc.,
Member Contract, located in Connecticut, and registered as such by
The American Hospital Association.
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 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.
Any establishment or club where any person engages in or
carries on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage" of this chapter.
Any person who, for any consideration, engages in the practice
of massage as herein defined.
Any individual, corporation, partnership, association, joint-stock
company or combinations of individuals of whatever form or character.
Any school or institution which has for its purpose the teaching
of the theory, the method and professional work of massage, which
school requires a course of study not less than 70 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 following the successful completion of such course
of study or learning in a school which has been recognized and approved
by the State of Connecticut.
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 premises in the Town of Wethersfield the operation
of a massage establishment as herein defined without first having
obtained a permit from the Town Manager or his designee after approval
by the Director of Public Health.
A.
Each applicant for a permit to maintain, operate or
conduct a massage establishment shall file an application with the
Town Manager or his designee and pay a filing fee of $125 which shall
not be refundable.
B.
The application for a permit to operate a massage
establishment shall set forth the exact nature of the massage to be
administered the proposed place of business and the facilities therein.
In addition to the foregoing, any applicant for a permit shall furnish
the following information:
(1)
Written proof that the applicant is at least 18 years
of age.
(2)
Two portrait photographs taken within 30 days of application
of at least two inches by two inches and fingerprints from a governmental
agency.
(3)
Business, occupation or employment of the applicant
for the three years immediately preceding the date of the application.
(4)
Massage or similar business license history of the
applicant; whether such person has previously operated in this or
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.
(5)
Any criminal convictions, except minor traffic violations.
C.
Any misrepresentation shall be in and of itself sufficient
cause for refusal to issue any permits hereunder or revocation of
any existing permit.
D.
In the event that the applicant is other than an individual,
all of the above required information shall be supplied with reference
to all stockholders, partners or other individual principals, however
doing business.
[1]
Editor's Note: Former § 102-6, Masseur
or masseuse permit, was repealed 4-7-1997.
[1]
Editor's Note: Former § 102-7, Masseur
or masseuse permit application, was repealed 4-7-1997.
When the application is filed for a massage
establishment permit under this chapter, the Town Manager or his designee
shall fix the time and place for a public hearing where the applicant
may present evidence upon the question of his application. Not less
than 15 days before the date of such hearing, the Town Manager or
his designee shall cause to be posted a notice of such hearing in
a conspicuous place on the property in which or on which the proposed
massage establishment is to be operated. The applicant shall maintain
said notice for at least 15 days.
A.
The Town Manager or his designee may issue a permit
within 14 days following a hearing if all requirements for a massage
establishment described in this chapter are met and may issue a permit
to all persons who apply to perform massage services unless he finds:
(1)
The operation as proposed by the applicant, if permitted,
would not comply with all the applicable laws, including but not limited
to the Building, Health, Town Planning, Housing, Zoning and Fire Codes
of the Town of Wethersfield.
(2)
That the applicant and any other person who will be
directly engaged in the management and operation of a massage establishment
has been convicted of:
C.
Each such establishment shall conform to all rules
and regulations contained herein and the State Sanitary code, as well
as to such terms and conditions as the State Commissioner of Public
Health and/or the local Director of Health finds necessary and proper.
[1]
Editor's Note: Former § 102-10,
Issuance of masseur or masseuse permit, was repealed 4-7-1997.
A.
Any permit issued hereunder may be revoked
or suspended by the Town Manager or his designee after a public hearing
before the Town Manager or his designee if it is found that the provisions
of this chapter are violated or where the permittee or any employee
of the permittee, including a masseur or masseuse, has been convicted
of any offense found in § 102-10A(1), (2) or (3)[1] and the permittee has actual or constructive knowledge
of the violation or conviction or, in any case, where the permittee
or licensee refuses to permit any duly authorized police officer or
health inspector of the Town of Wethersfield to inspect the premises
or the operation therein.
[1]
Editor's Note: Former § 102-10,
Issuance of masseur or masseuse permit, was repealed 4-7-1997.
B.
The Town Manager or his designee, before revoking
or suspending any permit, shall give the permittee at least 10 days'
written notice of the charges against him and the opportunity for
a public hearing before the Town Manager or his designee, at which
time the permittee may present evidence bearing upon the question.
In such cases, the charges shall be specific and in writing.
[1]
Editor's Note: Former § 102-12,
Revocation of masseur or masseuse permit, was repealed 4-7-1997.
A.
No permit to conduct the massage establishment shall
be issued unless an inspection by the Director of Public Health or
his 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 shall be 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.
(3)
Lavatories or washbasins provided with both hot and
cold running water should be installed in either the toilet room or
vestibule. Lavatories or washbasins shall be provided with soap in
a dispenser and with sanitary towels.
B.
The Director of Public Health shall certify that the
proposed massage establishment complies with all the requirements
of this section and shall give or send such certification to the Town
Manager or his designee.
A.
Every portion of the massage establishment, including
appliances, apparatus and personnel, shall be kept clean 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 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, masseurs and masseuses must be modestly
attired, comparable in dress and fashion to a general hospital nurse
uniform, female or male, in use by such personnel as of the effective
date of this chapter. Diaphanous, flimsy and transparent clothing
is prohibited.
D.
Private parts of patrons must be covered by towels,
cloth or undergarments when in the presence of any employee, masseur
or masseuse. 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 which 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 the business is in operation.
Bathtubs shall be thoroughly cleaned after each use.
G.
Advertising. 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 § 102-3 of this chapter or that employees, masseurs or masseuses are dressed in any manner other than that described in § 102-14C of this chapter; nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 102-3.
H.
Health services enumerated in the definition of massage in § 102-3 of this chapter must be carried on in one cubicle, room, booth or area within the massage establishment. No service enumerated in the definition of massage in § 102-3 of this chapter may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls so that all activity within a cubicle, room, booth or area is visible from outside the same.
I.
A massage establishment shall not carry on, engage
in or conduct business on Sunday and on any other days shall not carry
on, engage in or conduct business before 8:00 a.m. or after 9:00 p.m.
J.
A full schedule of service rates shall be posted in
a prominent place within the massage parlor in such 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.
Every person who engages in or conducts a massage
establishment shall keep a daily register, approved as to form by
the Town Manager or his designee, of all patrons with names, addresses
and hours of arrival and, if applicable, the rooms or cubicles assigned.
Said daily register shall at all times during business hours be subject
to inspection by Health Department officials and by the Police Department
and shall be kept on file for one year.
The Police Department and the Department of
Public Health shall, from time to time, no less than twice a year,
make an inspection of each massage establishment in the Town of Wethersfield
for the purposes of determining that the provisions of this chapter
are complied with. Such inspections shall be made at a reasonable
time, in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
No permit shall be transferable except with
the written consent of the Town Manager or his designee and the approval
of the Department of Public Health; provided, however, that upon the
death or incapacity of the permittee, the massage establishment may
continue in business for a reasonable period of time to allow for
an orderly transfer of permit.
[1]
Editor's Note: Former § 102-18,
Experience in lieu of schooling, was repealed 4-7-1997.
All persons presently operating a massage establishment
or working as a masseur or masseuse, as defined herein, must comply
with all the provisions of this chapter and must file for the appropriate
permit within 10 days of the effective date of this chapter.
This chapter does not apply to schools, hospitals,
nursing homes, sanitariums or persons holding an unrevoked certificate
to practice the healing arts under the laws of the State of Connecticut
or to persons working under the direction of any such person or in
any such establishment.
The Town Manager or his designee or the Director
of Public Health may, after a public hearing, make and enforce reasonable
rules and regulations not in conflict with, but to carry out, the
intent of this chapter.
Every person, except persons who are specifically
exempt by this chapter, whether acting as an individual, owner, employee
of the owner, operator or employee of operator or acting as a participant
or worker in any way who gives massages or conducts a massage establishment
without first obtaining a permit and paying a license fee to the Town
of Wethersfield or who shall violate any of the provisions of this
chapter shall be guilty of a misdemeanor, and subject to a fine not
to exceed $100. Each day that the subject violation continues shall
be deemed a separate offense.
