[Adopted 7-7-1997 by Ord.
No. 105 (Ch. 11, Art. VI, of the 1990 Code)]
This Part 6 shall be known as the "City of Augusta Massage Establishment
and Massage Therapist Regulatory Ordinance."
The purpose of this Part 6 is to:
A.
Regulate the practice of legitimate massage therapy by trained and
experienced therapists as a component of the health care system in
the City of Augusta.
B.
Exclude from the practice of massage therapy in the City of Augusta
those without legitimate training or experience.
C.
Enforce public health, safety and general welfare concerns and practices
regarding massage therapy and establishments.
D.
Prohibit persons from using massage establishments to engage in sexual
acts or sexual contact for hire.
As used in this Part 6, the following terms shall have the meanings
indicated:
Used interchangeably to mean any business which employs,
leases, rents or houses one or more massage therapists and/or engages
in the act of massage therapy in the City of Augusta for consideration
or with the expectation of receiving consideration of any gratuity,
whether or not the business has a fixed place of business within the
City limits.
Used interchangeably to mean any method of rubbing, kneading,
tapping, vibration, compression, percussion, application of friction
or manipulation of the external parts of the human body with the hands
or other parts of the body or with the aid of any instrument or device.
Any person who performs therapeutic massage for consideration
or gratuity or with the expectation of receiving consideration or
any gratuity.
The following persons shall be exempt from this Part 6 while
practicing in accordance with the laws of this state: physicians,
physician's assistants, surgeons, osteopaths, nurses, chiropractors,
physical therapists, barbers, cosmetologists, beauticians, and those
licensed with the State of Maine Department of Professional and Financial
Regulation upon presentation of their state license to City of Augusta
officials.
A.
Therapeutic massage establishment permit. No person shall operate
a therapeutic massage establishment without a valid therapeutic massage
establishment permit issued by the City. A separate permit shall be
required for each such establishment.
B.
Massage therapist permit. No person shall work as a massage therapist
without a valid massage therapist permit issued by the City.
C.
The Chief of Police of the City of Augusta shall have the authority
to grant therapeutic massage establishment permits and massage therapist
permits to persons of good moral character for one year unless sooner
revoked for violation of law. Those aggrieved by the decision of the
Chief of Police shall have authority to present an appeal to the City
Council for approval by majority vote.
A.
Applications for massage establishment and massage therapist permits
shall be available at the office of the City Clerk.
B.
Each applicant for a license shall:
(1)
Complete all information upon and file an application on a form prescribed
by the City Clerk, including certifying that he/she is at least 18
years of age.
(2)
Submit the completed application to the City Clerk, together with
attested copies of the articles of incorporation and bylaws, and be
in good standing with the State of Maine, Secretary of State, if the
applicant is a corporation, evidence of partnership if a partnership,
or articles of association and bylaws if the applicant is an association,
as well as a list of all officers and directors.
(3)
File an affidavit which will identify all owners, officers, managers
or partners of the applicant and their places of residence at the
time of the application and for the immediately preceding five years.
(4)
For a massage therapist permit, submit two front face photographs
of the applicant taken within 30 days of application, of such size
as the Clerk may specify.
(5)
File the release authorized by 16 M.R.S.A. § 620(6), of
the Criminal History Record Information Act,[1] with the application for each applicant seeking a massage
therapist permit and for each officer, owner, manager or partner of
an applicant seeking a therapeutic massage establishment permit.
[1]
Editor's Note: The Criminal History Record Information Act
was repealed by L. 2013, C. 267, § A-1, effective 10-9-2013.
See now 16 M.R.S.A. § 701 et seq.
(6)
Authorize the Police Chief or his/her agent to inspect the premises
of the massage establishment or location where the massage therapy
will take place, prior to and during the application process, and
to inspect and investigate the application, including cooperating
with a criminal history investigation.
(7)
Authorize the Fire Chief or his/her agent to inspect the location
of the premises of the massage establishment or location where the
massage therapy will take place, prior to and during the application
process, to determine if fire and safety standards are satisfied.
(8)
Authorize the Code Enforcement Officer to inspect the premises of
the massage establishment or location where the massage therapy will
take place, prior to and during the application process, to determine
that the business complies with City ordinances.
(9)
Authorize release of medical information from a recognized medical
care provider who has conducted a physical examination of the applicants
and conducted a test for tuberculosis.
No person shall make any false, untruthful or fraudulent statement
or in any way conceal a material fact on an application, or give or
use a fictitious name in order to obtain a permit. Any permit obtained
in violation of this section shall be void.
Any violation of this Part 6 shall result in a fine of $100,
immediate revocation of the person's massage establishment permit,
massage therapy permit, and any and all applications for massage therapy
and establishment permits. The person in violation shall not apply
for a massage therapy permit or massage establishment permit for one
year.
