[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981
by Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was derived from regulations promulgated
by the Board of Health.
It has been determined by the Board of Health of the Town of Yarmouth
that the unregulated operation of massage and bath establishments would be
contrary to the public interest. Therefore, the Board of Health has determined
that the licensing and regulation of such businesses or establishments is
required to properly protect the public health, safety and general welfare
of the citizens of the community.
Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction,
meaning and application of words and phrases used in this chapter:
Any person, other than a masseur, who renders any service in connection
with the operation of a massage business and receives compensation from the
operator of the business or patrons.
Any method of treating the external superficial parts of a patron
for medical, hygienic, exercise or relaxation purposes, including but not
limited to rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating
with the hands or any instrument, or by the application of air, liquid or
vapor baths of any kind whatsoever, alcohol rub or similar treatment, electric
or magnetic treatment, physiotherapy or manipulation.
Any person who engages in the practice of massage as herein defined.
The use of the masculine gender shall include in all cases the feminine gender
as well.
Any person who receives a massage.
Any individual, firm, partnership, corporation, company, association,
joint-stock association or legal entity of whatsoever kind or nature.
Any school or educational institution licensed to do business as
a school or educational institution in the state in which it is located, or
any school recognized by or approved by or affiliated with the American Massage
and Therapy Association, Inc., and which has for its purpose the teaching
of the theory, method, profession or work of massage, which school requires
a resident course of study 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.
A.
Business license required. No person shall engage in
or carry on the business of massage unless said person has a valid massage
business license issued by the Town pursuant to the provisions of this regulation
for each and every separate office or place of business conducted by such
person.
B.
Masseur's license required. No person shall practice
massage as a masseur, employee or otherwise, unless said person has a valid
and subsisting masseur's license issued to him or her by the Town pursuant
to the provisions of this regulation.
C.
Existing establishments. Upon application, the Board
of Health shall issue a temporary massage business license to any applicant
who was, upon the effective date of this regulation, the owner or operator
of such an establishment in the Town of Yarmouth. Such temporary license shall
remain in effect for a period of 45 days or until the issuance of the permanent
license, whichever is sooner. If the application for the license is denied,
said temporary license shall immediately expire and be of no further force
and effect.
Any person desiring a massage business license shall file a written
application with the Board of Health on a form furnished by the Board. The
applicant shall accompany the application with a tender of the correct license
fee to the Town as hereinafter provided and shall, in addition, furnish the
following:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B.
The name, style and designation under which the business
or practice is to be conducted.
C.
The business address and all telephone numbers where
the business is to be conducted.
D.
A complete list of the names and residence addresses
of all masseurs and employees in the business and the name and residence address
of the manager or other person principally in charge of the operation of the
business.
E.
The following personal information concerning the applicant,
if an individual; and concerning each stockholder holding more than 10% of
the stock of the corporation, each officer and each director, if the applicant
is a corporation; and concerning the partners, including limited partners,
if the applicant is a partnership; and concerning the manager or other person
principally in charge of the operation of the business; and, if one or more
of the stockholders owning more than 10% of the applicant corporation is itself
a corporation, the names and residence addresses of each of the officers and
directors of said corporation and of each stockholder owning more than 10%
of the stock of said corporation:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs taken within 30 days
of the date of the application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience,
including but not limited to whether or not such person in previously operating
in this or another town, city or state under license or permit has had such
license or permit denied, revoked or suspended and the reason therefor, and
the business activities or occupations subsequent to such action of denial,
suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and the circumstances
thereof, including present criminal charges pending, if any, which may result
in conviction.
(8)
A diploma, certificate or other written proof of graduation
from a recognized school by the person who shall be directly responsible for
the operation and management of the massage business.
F.
Such other information, identification and physical examination
of the person as shall be deemed necessary by the Board of Health to discover
the truth of the matters hereinbefore required to be set forth in the application.
G.
Authorization for the Town, its agents and employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
permit.
H.
The names and addresses of three adults who will serve
as character references. These references must be persons other than relatives
and business associates.
I.
Written declaration by the applicant, under penalty of
perjury, that the foregoing information contained in the application is true
and correct, said declaration being duly dated and signed in the Town.
Any person desiring a masseur's license shall file a written application
with the Board of Health on a form to be furnished by the Board. The applicant
shall tender with the application the correct license fee to the Board, as
hereinafter provided, and shall, in addition, furnish the following:
A.
The business address and all telephone numbers where
the massage is to be practiced.
B.
The following personal information concerning the applicant:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs taken within 30 days
of the date of the application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience,
including but not limited to whether or not such person in previously operating
in this or another town or state under license or permit has had such license
or permit denied, revoked or suspended and the reason therefor, and the business
activities or occupations subsequent to such action of denial, suspension
or revocation.
(7)
All criminal convictions other than minor traffic violations,
fully disclosing the jurisdiction in which convicted, the offense for which
convicted and the circumstances thereof, including present criminal charges
pending, if any, which may result in conviction.
(8)
A diploma, certificate or other written proof of graduation
from a recognized school where the theory, method, profession or work of massage
is taught.
(9)
A statement, in writing, from a licensed physician in
the state that the physician has examined the applicant and believes the applicant
to be free of all communicable diseases.
C.
Such other information, identification and physical examination
of the person deemed necessary by the Board of Health in order to discover
the truth of the matters hereinbefore to be set forth in the application.
D.
Authorization for the Town, its agents and employees
to seek information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
license.
E.
Written declaration by the applicant, under penalty of
perjury, that the foregoing information contained in the application is true
and correct, said declaration being duly dated and signed in the Town.
A.
Upon receiving the application for a massage business
or masseur's license, the Board of Health shall conduct an investigation into
the applicant's moral character and personal and criminal history. The Board
of Health may, in its discretion, require a personal interview of the applicant
and such further information, identification and physical examination of the
person as shall bear on the investigation.
B.
In the case of applications for massage business licenses,
the Board of Health shall cause to be conducted an investigation of the premises
where the massage business is to be carried on, for the purposes of assuring
that such premises comply with all of the sanitation requirements as set forth
in this regulation and with all other applicable laws, including but not limited
to all federal, state and Town building, fire, safety and health regulations.
C.
Before any license shall be issued under this chapter,
the Board of Health shall first sign its approval of the application.
The Board of Health shall issue a massage business license within 45
days of receipt of the application unless it finds that:
A.
The correct license fee has not been tendered to the
Town and, in the case of a check or bank draft, honored with payment upon
presentation.
B.
The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited to the
Town's building, zoning and health regulations.
C.
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation, any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business, has
been convicted of any felony unless such conviction occurred at least five
years prior to the date of the application.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the license application or in any document
required by the Town in conjunction therewith.
E.
The applicant, if an individual; or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business, is
not over the age of 18 years.
F.
The manager or other person principally in charge of
the operation of the business has not successfully completed a resident course
of study or learning from a recognized school where the theory, method, profession
or work of massage is taught.
The massage business licensee shall display his license and that of
each and every masseur employed in the establishment in an open and conspicuous
place on the premises of the massage business.
A.
The license fee for a massage business shall be $500
per year, due and payable on the first day of January of each calendar year.
In the event that a license shall be issued during the period from January
1 up to and including June 30 of a calendar year, the license fee for a massage
business shall be $500. In the event that a license is issued at any time
during a calendar year from July 1 up to and including December 31, the license
fee for that calendar year shall be $300.
B.
The license fee for masseurs shall be $25 per year, payable
upon application. There shall be no proration of a masseur's license fee,
regardless of when issued. In the event that a masseur's license is denied,
there shall be no refund of the twenty-five-dollar fee referred to herein.
C.
In the event that the application for a license for a
massage business shall be refused, then the application fee as tendered in
accordance with the applicable provisions of this regulation shall be refunded
up to and including the total sum of $350. One hundred fifty dollars shall
be retained by the Town to cover investigation and administrative expenses.
D.
The licenses and fees required herein shall not be in
lieu of, but shall be in addition to, any licenses, taxes or permits now required
by the Commonwealth of Massachusetts, county, Town or any administrative agency
thereof.
A.
The term of a massage business license and masseur's
license shall be for a period of one year, or any portion thereof, to the
time of the annual license fee being due and payable.
B.
The application shall be made in accordance with the
provisions of this regulation, and all provisions of this regulation shall
apply to renewals in the same manner as they apply to original applications.
A.
No massage business or masseur licenses are transferable,
separate or divisible, and such authority as a permit confers shall be conferred
only on the licensee named therein.
B.
No massage business license shall be applicable to any
other location other than that location set forth in the initial application
under the terms of this regulation.
A.
Any massage business or masseur's license issued under
this regulation shall be subject to suspension or revocation by the Board
of Health for violation of any provision of this regulation or for any grounds
that would warrant denial of issuance of such license initially. The Board,
upon such revocation or suspension, shall state its reasons in writing, specifying
the particular grounds for such revocation or suspension.
B.
No license hereunder shall be suspended or revoked without
first providing to a licensee notice of such intended suspension or revocation
at least seven days prior thereto and affording an opportunity for a public
hearing before the Board.
This regulation shall be construed to be applicable to all persons as
defined herein, whether profit or nonprofit in nature, except as hereinafter
provided.
A.
The provisions of this regulation shall not apply to
hospitals, nursing homes, sanatoriums or persons holding an unrevoked certificate
to practice the healing arts under the laws of the commonwealth or persons
working under the direction of any such persons or in any such establishment,
nor shall this regulation apply to barbers or barbers' apprentices or hairdressers,
operators or students thereof lawfully carrying out their particular profession
or business and holding a valid unrevoked license or certificate of registration
issued by the commonwealth.
B.
This regulation shall not apply to the following individuals
while engaged in the personal performance of the duties of their respective
professions:
(1)
Physicians, surgeons, chiropractors, osteopaths or physical
therapists who are duly licensed to practice their respective professions
in the Commonwealth of Massachusetts.
(2)
Nurses who are registered under the laws of this commonwealth.
(3)
Barbers and beauticians who are duly licensed under the
laws of this commonwealth, except that this exemption shall apply solely to
the massaging of the neck, face, scalp and hair of the customer or client
for cosmetic or beautifying purposes.
No person shall permit any person under the age of 18 years to come
or remain on the premises of any massage business establishment, as masseur,
employee or patron, unless such person is on the premises on lawful business.
No person shall sell, give, dispense, provide or keep, or cause to be
sold, given, dispensed, provided or kept, any alcoholic beverage on the premises
of any massage business.
A.
It shall be unlawful to remain open or provide services
between the hours of 12:00 midnight and 8:00 a.m.
B.
Masseurs, masseuses, massage parlor licensees or their
employees shall not perform the following acts or offer to agree to perform:
(1)
Sexual acts prohibited by the laws of the Commonwealth
of Massachusetts.
(2)
The removal of clothing by a masseur or masseuse so as
to display the female breast or breasts or genital area of either sex or the
wearing of clothing that intentionally reveals the same.
(3)
Any touching of the genital area.
(4)
Allowing the customer to massage, touch or fondle the
masseur or masseuse.
C.
No massage shall be given in a locked room or enclosure.
D.
It shall be unlawful for any person to act as a masseur
or masseuse in any place other than a duly licensed massage establishment.
E.
All other acts put forth are in addition to all other
acts prohibited by this regulation and the laws of the Commonwealth of Massachusetts.
A.
Floors shall be free from any accumulation of dust, dirt
or refuse. All equipment used in the massage operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal use
of operators and patrons shall be clean and freshly laundered. Towels, cloths
and sheets shall not be used for more than one patron. Heavy white paper may
be substituted for sheets, provided that such paper is changed for every patron.
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.
B.
Nothing contained herein shall be construed to eliminate
other minimum requirements of commonwealth, county or Town laws, bylaws or
regulations pertaining or applicable to the maintenance, control and operation
of said premises nor to preclude any authorized inspections thereof by the
Building Inspector, Board of Health or Fire Department or any other authorized
inspections.
A licensee shall have the premises supervised at all times when open
for business. Any business rendering massage services shall have one person
who qualifies as a masseur on the premises at all times when the establishment
is open. The massage business licensee shall personally supervise the business
and shall not violate or permit others to violate any applicable provision
of this regulation or any other applicable laws. The violation of any such
provision by any agent or employee of the massage business licensee shall
constitute a violation by the licensee and by the person violating the provisions
of this regulation or any other law.
Every person convicted of a violation of any provision of this regulation shall be punished by a fine of not more than $100 or by imprisonment for not more than six months, or both, in accordance with Chapter 140, § 53, of the General Laws.
