[HISTORY: Adopted by the City Council of the City of West Haven 12-10-1984 by Ord. No. 219. Sections 146-4, 146-6B, 146-8A(1) and B, 146-9A(3), 146-19, 146-20 and 146-21B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the following meanings:
- Any and all persons, other than the masseurs or masseuses, who render any service to the permittee and who have no physical contact with customers and clients.
- 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 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 any of the activities mentioned under the definition of "massage," and shall also include any business advertised or listed under the heading "massage" and shall also include any massage business operated on a house-call or out-call basis.
- MASSEUR AND MASSEUSE
- Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
- RECOGNIZED SCHOOL
- Any school or institution of learning which has, for its purpose, the teaching of the theory, method, profession or work of massage, which school requires a resident course of study of 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 of learning following the successful completion of such course of study or learning.
This chapter shall not apply to schools, hospitals, nursing homes, sanitoriums or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or to persons working under the direction of any person or in any such establishment.
The Chief of Police 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.
No person shall engage in, conduct or carry on or permit to be engaged in, conducted or carried on in or upon any premises in the city the operation of a massage establishment without first having obtained a permit from the Chief of Police or his designee, after approval by the Director of Health.
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.
In addition to the foregoing, any applicant for a permit shall furnish the following information:
Written proof that the applicant is at least 18 years of age.
Two portrait photographs of at least two inches by two inches and fingerprints.
The business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
The massage or similar business license history of the applicant, whether such person has previously operated in this or another municipality 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.
Any criminal convictions, except minor traffic violations, within the last 10 years.
Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief of Police or his designee and pay a permit fee of $50, as set by the City Council.
The permit shall be renewed annually upon payment of a fee of $50, as set by the City Council.
When the application is filed for a massage establishment permit, the Chief of Police shall fix the time and place for a 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 Chief of Police 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 the notices posted for the required number of days.
The Chief of Police or his designee may issue a permit within 30 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:
That the operation, as proposed by the applicant, if permitted, would not have complied with all the applicable laws, including but not limited to the building, health, city planning, housing, zoning and fire codes of the city.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. For the Building Code, Housing Maintenance and Occupancy Code and Fire Prevention Code, see Ch. 81, Art. I, Building Code: Ch. 127, Housing Maintenance and Occupancy; and Ch. 105, Fire Prevention, respectively.
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:
Each such establishment shall conform to all rules and regulations contained herein and in the State Public Health 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.
The issuance of a massage establishment permit shall be conditioned upon the right of the Chief of Police and the Director of Health to inspect the premises during business hours.
Any permit issued for a massage establishment may be revoked or suspended by the Chief of Police or his designee, after a hearing:
If it is found that the provisions of this chapter are violated;
Where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in § 146-14 and the permittee has actual or constructive knowledge of the violation or conviction; or
The Chief of Police 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 hearing, 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 shall be transferable except with the written consent of the Chief of Police or his designee and the approval of the Department of Public Health, provided 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.
No person, including an applicant for a massage establishment permit, shall engage in the practice of massage without first having obtained a masseur or masseuse permit from the Chief of Police or his designee upon a form provided by the Chief of Police. The applicant shall pay a filing fee of $25 which shall not be refundable, as set by the City Council.
The application for a masseur or masseuse permit shall contain the following:
Name and resident's address.
Social security number.
Applicant's weight, height, color or hair and eyes and fingerprints.
Written evidence that the applicant is at least 18 years of age.
Business, occupation or employment of the applicant for the three years immediately preceding the date of application.
Whether such person has ever been convicted of any crime within the last 10 years, except minor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
Name and address of the recognized school attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing that the applicant has successfully completed not less than 70 hours of instruction.
Any masseur or masseuse so employed is required to 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.
Applicants for a masseur or masseuse permit may substitute one year's continuous experience as a masseur or masseuse in lieu of a requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who has firsthand knowledge of his or her continuous year of experience.
Qualified instructors in the art of massage shall not be required to obtain a masseur or masseuse permit unless such instructor engages in the practice of massage.
The Chief of Police or his designee may issue a masseur or masseuse permit within 21 days following application, unless he finds that the applicant for the masseur or masseuse permit has been convicted of:
A masseur or masseuse permit issued by the Chief of Police or his designee shall be revoked or suspended after a hearing before the Chief of Police where it appears that the masseur or masseuse has been convicted of any offense enumerated in § 146-14.
The Chief of Police or his designee, before revoking or suspending any masseur or masseuse permit, shall give the masseur or masseuse at least 10 days' written notice of the examination into his conviction record and the opportunity for a hearing before the Chief of Police, at which hearing the Chief of Police or his designee shall determine the relevant facts regarding the occurrences of the conviction.
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:
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 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.
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 Chief of Police 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 and shall be self-closing.
All employees, masseurs and masseuses must be modestly attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employee's, masseurs' or masseuses' chests at all times.
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.
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.
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 cleansed after each use.
Advertising. 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 as described in § 146-1 or that employees, masseurs or masseuses are dressed in any manner other than described in Subsection C hereof, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 146-1.
Health services defined as a massage must be carried on in one cubicle, room, booth or area within the massage establishment. No service massage 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.
A massage establishment shall not carry on or engage in or conduct business before 8:00 a.m. or after 11:00 p.m.
No alcoholic beverages or other intoxicants shall be displayed, served, ingested or sold on the premises of the massage establishment.
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. 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.
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 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 and by the Police Department and shall be kept on file for one year.
No person shall give, sign or use any false name or address in the daily register required to be kept by the massage establishment.
The Police Department and the Department of Public Health shall, at least twice a year, make an inspection of each massage establishment in the city for the purposes 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. No permittee shall fail to allow such inspection officer access to the premises or hinder such officer in any manner.
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 the 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 city or who violates 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 $100 or by imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment.
No person holding a permit under this section shall treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed 10. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police. The requirements of this subsection shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor or in a regularly established and licensed hospital or sanitorium.
No permittee shall administer massage on an out-call basis. Such person shall administer massage solely within an establishment licensed to carry on such business under this section. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on out-call massage shall not apply to a permittee who performs out-call massage, as defined herein, upon a customer or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any out-call massage is performed under this exception, a record of the date and hour of each treatment and the name and address of the customer or client and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said client or customer, shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the business or the city shall be unlawful.