[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.
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.
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
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.
A.Â
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.
B.Â
In addition to the foregoing, any applicant for a permit shall furnish
the following information:
(1)Â
Written proof that the applicant is at least 18 years of age.
(2)Â
Two portrait photographs of at least two inches by two inches and
fingerprints.
(3)Â
The business, occupation or employment of the applicant for the three
years immediately preceding the date of the application.
(4)Â
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.
(5)Â
Any criminal convictions, except minor traffic violations, within
the last 10 years.
A.Â
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.
C.Â
The permit shall be renewed annually upon payment of a fee of $50,
as set by the City Council.
A.Â
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.
B.Â
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.
A.Â
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:
(1)Â
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.[1]
[1]
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.
(2)Â
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:
B.Â
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.[2]
C.Â
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.
A.Â
Any permit issued for a massage establishment may be revoked or suspended
by the Chief of Police or his designee, after a hearing:
(1)Â
If it is found that the provisions of this chapter are violated;
B.Â
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.
A.Â
The application for a masseur or masseuse permit shall contain the
following:
(1)Â
Name and resident's address.
(2)Â
Social security number.
(3)Â
Applicant's weight, height, color or hair and eyes and fingerprints.
(4)Â
Written evidence that the applicant is at least 18 years of age.
(5)Â
Business, occupation or employment of the applicant for the three
years immediately preceding the date of application.
(6)Â
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.
(7)Â
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.
B.Â
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.
A.Â
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.
B.Â
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.Â
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.
B.Â
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.
A.Â
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)Â
Construction of rooms used for toilets, tubs, steam baths and showers
shall be waterproofed with approved waterproof materials.
(2)Â
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)Â
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.Â
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.
A.Â
Every portion of the massage establishment, including appliances,
apparatus and personnel, shall be kept clean and operated in a sanitary
condition.
B.Â
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.Â
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.
D.Â
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.Â
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.Â
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.
G.Â
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.
H.Â
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.
I.Â
A massage establishment shall not carry on or engage in or conduct
business before 8:00 a.m. or after 11:00 p.m.
J.Â
No alcoholic beverages or other intoxicants shall be displayed, served,
ingested or sold on the premises of the massage establishment.
K.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.[1]