[HISTORY: Adopted by the Town of Canton 3-13-1975 by Ord. No. 122; amended in its entirety 12-14-2011. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Massage Parlor Ordinance for the Town of Canton."
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 respectively ascribed to them by this section:
- Any and all persons, other than the masseurs or masseuses, who render any service to the permittee of a massage establishment who have no physical contact with customers and clients.
- MASSAGE and MASSAGE THERAPY
- The same meaning as set forth in § 20-206a of the General Statutes.
- MASSAGE ESTABLISHMENT
- Any establishment 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 the practice of massage as herein defined.
- MASSEUR and MASSEUSE
- Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
- The person who will operate the massage establishment.
- Any individual, copartnership, firm, association, joint-stock company, corporation, or combinations of individuals of whatever form or character.
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 Canton, the operation of a massage establishment as herein defined without first having obtained a permit from the First Selectman or his designee after approval by the Director of Health.
Each applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application with the First Selectman or his designee and pay a filing fee which shall not be refundable. The Board of Selectmen may, by regulation, set and modify the fee to be charged pursuant to this section.
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 facilities therein, and the name and address of each applicant. Applicants for a massage establishment permit shall provide evidence of a proper state license for massage therapy. No massage establishment permit issued under this chapter shall be deemed to authorize any activity for which the applicant is not specifically licensed as a massage therapist pursuant to state law and applicable regulations.
When an application is filed for a massage establishment permit under this chapter, the First Selectman 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 10 days before the date of such hearing, the First Selectman 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 notices posted for the required number of days.
The First Selectman 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, unless he finds that:
The operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the building, health, planning, housing, zoning, and fire codes of the Town of Canton.
Each such establishment would not 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 Town Director of Health finds necessary and proper.
Any permit issued for a massage establishment may be revoked or suspended by the First Selectman or his designee, after a public hearing before the First Selectman or his designee, if it is found that the provisions of this chapter are violated or in any case where the permittee refuses to permit any duly authorized police officer or health inspector of the Town of Canton to inspect the premises or the operation therein.
The First Selectman 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 First Selectman 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.
No permit to conduct a massage establishment shall be issued unless an inspection by the Director of Health or his authorized representative reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproofed with approved waterproof materials.
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.
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 with sanitary towels.
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 certification to the First Selectman or his designee.
Every portion of the massage establishment, including appliances, apparatus, and personnel, shall be kept clean and operated in a sanitary condition.
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.
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 or other sexual contact is strictly prohibited.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and which shall be laundered after each use thereof and stored in an approved, sanitary manner.
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.
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 the definition of "massage therapy" in § 20-206a of the General Statutes and permitted by 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 the definition of "massage therapy" in § 20-206a of the General Statutes and permitted by this chapter.
Health services enumerated in the definition of "massage therapy" in § 20-206a of the General Statutes must be carried on in one cubical, room, booth, or area within the massage establishment. No service enumerated in the definition of "massage therapy" may be carried on in any other cubical, room, booth, or area except where such cubical, room, booth, or area has transparent doors or walls so that all activity within a cubical, room, booth, or area is visible from outside the same.
No alcoholic beverage or other intoxicant shall be displayed, served, ingested, or sold on the premises of said massage parlor.
A full schedule of service rates shall be posted in a prominent place within the massage parlor in such manner as to come to the attention of all patrons. 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.
It shall be a condition of each permit for a massage establishment that the Director of Health or his designee may from time to time and at least twice a year make an inspection of each massage establishment in the Town of Canton for the purpose of determining that the provisions of this chapter are complied with. Such inspections shall be made at a reasonable time and in a reasonable manner. Failure of any permittee to allow the Director of Health or his designee access to the premises or hindering such officer in any manner shall be grounds for revocation of the permit to operate a massage establishment.
No permit shall be transferable unless an application for such transfer is filed with and approved by the First Selectman in accordance with the provisions for the issuance of a new permit; 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 the permit.
Holders of any outstanding massage establishment permits heretofore issued under any provision of law are required to comply with all provisions 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 First Selectman or his designee or the Director of 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 exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator or acting as a participant or worker in any way, who conducts a massage establishment without first obtaining a permit and paying the permit fee to the Town of Canton, or who violates or fails to comply with the provisions of this chapter, shall be subject to a fine of $150 for each offense.
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.