Town of Coventry, RI
Kent County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Coventry 6-22-2015 by Ord. No. 04-15-302. Amendments noted where applicable.]
GENERAL REFERENCES
licensed businesses — See Ch. 153.

§ 104-1 License required.

A. 
Body works personnel license. All personnel must obtain a body works personnel license issued by the Board of Licenses before performing or offering to perform any body works services for hire, compensation, or reward; before being compensated for any services or work in any establishment; and before conducting any type of business for reward, hire, or compensation within any establishment.
B. 
Body works establishment license. All persons, firms, corporations, or other entities who own, operate, conduct, or manage a location used to provide body works services or that hold themselves out as being engaged in the practice of body works services at any location in the Town of Coventry must obtain a body works establishment license for that location from the Board of Licenses before offering, engaging in, providing, or allowing body works services for hire, reward, or compensation at that location.

§ 104-2 Authority to promulgate rules.

The Town Council sitting as the local Board of Licenses is hereby authorized to formulate rules and regulations governing body work personnel and body work establishments and to establish fees for the issuance of licenses thereunder.

§ 104-3 License required and fee; nontransferability.

A. 
Body works personnel license. The fee to obtain a body works personnel license and any renewal thereof shall be $60. Said license is not transferable.
B. 
Body works establishment license. The fee to obtain a body works establishment license and any renewal thereof shall be $100. Said license is not transferable.

§ 104-4 Expiration date of license.

Body works personnel licenses and body works establishment licenses shall automatically expire on the first day of July of each year. Applications for renewal must be submitted at least 30 days prior to expiration date.

§ 104-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person who applies for a license as required by this chapter. In the event the applicant is a non-natural person (e.g., a corporation), the term "applicant" shall also include a natural person legally authorized to act on behalf of the applicant and the person submitting the application to the Board of Licenses pursuant to this chapter.
APPROVED
Approved by the Board of Licenses in accordance with accepted standards.
BOARD OF LICENSES
The Town Council sitting in said capacity.
BODY RUBS and BODY STIMULATIONS
The manipulation or conditioning of part or parts of the body by any means not regulated by Chapter 23-20.8 of the Rhode Island General Laws.
BODY WORKS and BODY WORKS SERVICES
Shall encompass body rubs, body stimulations, spa services, and spa treatments.
BODY WORKS ESTABLISHMENT LICENSE and ESTABLISHMENT LICENSE
The license required by § 104-3B of this chapter.
BODY WORKS PERSONNEL LICENSE and PERSONNEL LICENSE
The license required by § 104-3A of this chapter.
ESTABLISHMENT
The office, place of business, premises, or location where body works are offered or provided for hire, reward, or compensation.
PERSONNEL
Any person who performs body works services for hire, compensation, or reward or any person who is employed by or otherwise compensated by any establishment as defined herein or any person who is permitted by an establishment to conduct any type of business for reward, hire, or compensation within said establishment.
INSPECTOR
Shall mean, but is not limited to, the designee of the Town Council, the Town of Coventry Building/Zoning Inspector, employees of the Coventry Police Department, and employees of any fire protection district or jurisdiction.
SPA SERVICES AND SPA TREATMENTS
Any service or treatment not regulated by Chapter 23-20.8 of the Rhode Island General Laws provided to treat the skin or body for remedial, hygienic, relaxation, or other purposes including, but not limited to, vapor, pool, baths, saunas, dry saunas, towel treatments, showers, body scrubs, and body showers.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola.
SUPERVISOR
The person or persons designated by an establishment to ensure compliance with this chapter.

§ 104-6 Exceptions and exclusions.

A. 
Persons excepted: Physicians, nurses, physical therapists, school athletic trainers, chiropodists, chiropractors, massage therapists, barbers, hair dressers, manicurists, and estheticians duly licensed by the State of Rhode Island are exempt from the license requirements of § 104-3A of this chapter.
B. 
Establishment exceptions: Hospitals, nursing and convalescent homes and other similar licensed institutions where massage and baths may be given are exempt from the license requirements of § 104-3B of this chapter. Also, any facility conducting services of a hospital, nursing and convalescent home, or other similar institutions as determined by the Coventry Board of Licenses, but due to some limiting factor is not subject to licensing. shall be similarly exempt from the license requirements of § 104-3B of this chapter.

§ 104-7 Display of licenses.

A. 
Body works personnel license. Every licensee shall carry his or her original personnel license at all times when on the premises of an establishment during the hours of operation. Additionally, every licensee shall display his or her original personnel license in a conspicuous manner whenever practicing or providing body works for hire, reward, or compensation.
B. 
Body works establishment license. The body works establishment license shall be conspicuously displayed in a public area of the body works establishment at all times.

§ 104-8 Advertisement.

A. 
No person, firm, partnership or corporation shall advertise any body works services unless such services are to be performed by a licensed body works personnel and said advertisement includes the body works personnel license number of the person or persons offering to provide the body works services.
B. 
No person, firm, or partnership or corporation shall advertise any body works establishment unless the advertisement includes the body works establishment license number.

§ 104-9 Required records.

Each body works establishment shall maintain records on the premises of all personnel. Said records shall be subject to inspection upon request by any inspector. The records shall include the following:
A. 
Each person's full legal name, date of birth, home address, and telephone number, employment position, date first employed, and, if applicable, date terminated.
B. 
Each person's body works personnel license number and the expiration date of said license.
C. 
All current personnel records and records of all personnel associated with the establishment for the previous one year.

§ 104-10 Supervisor.

Each body works establishment shall designate at least one supervisor who is responsible for the body works establishment's compliance with this chapter. Said supervisor shall agree to be on the premises of any body works establishment whenever the establishment is open to the public and shall agree to be responsible for cooperating with inspections or investigations conducted by the Board of Licenses, its agents, or any other person or persons authorized to inspect the establishment pursuant to this chapter or any other applicable section or chapter of the Town of Coventry Code of Ordinances or the Rhode Island General Laws. Upon the request of any authorized inspector, the Supervisor shall immediately provide personnel records that are required by this chapter to be maintained on the premises.

§ 104-11 Requirements for body works personnel licensure.

Before performing or offering to perform body works services for hire, compensation, or reward or conducting any type of business for hire, compensation, or reward within any establishment, all personnel shall submit an application to the Board of Licenses that includes the following information:
A. 
The full legal name and any other names used by the applicant.
B. 
The current residential address and telephone number of the applicant, and the two previous residential addresses and business addresses, if any.
C. 
The applicant's height, weight, eye color, and hair color.
D. 
Written proof to the satisfaction of the Board of Licenses that the applicant is at least 18 years of age.
E. 
The applicant's business, occupation, or employment history for the five years immediately preceding the date of the application.
F. 
The body works personnel or similar license history of the applicant; including whether such person, in previously operating in this Town or another town, city, county or state under a license or permit, has had such license or permit revoked or suspended; the reasons and dates for any revocation or suspension.
G. 
All criminal convictions, except minor traffic violations.
H. 
The name(s) of the establishment at which the applicant plans to be employed or whether the applicant intends to provide body works services off site. If the applicant intends to work at multiple businesses, he or she shall designate a primary address for receiving all correspondence related to his or her permit renewal.
I. 
Such other identification and information as may be required by the Board of Licenses to verify the truth of the matters specified in this section, or any additional information required to show that the applicant has met the minimum qualifications to be licensed pursuant of this chapter.
J. 
An application is deemed complete and validly filed when the Board of Licenses has received all information required by this code, the results of the Department of Justice criminal background check, and any fees associated with the application.

§ 104-12 Requirements for body works establishment licensure.

Before conducting any type of business for reward, hire, or compensation within any establishment, all persons, firms, corporations, or other entities who own, operate, or conduct said establishment shall first submit applications to the Board of Licensing that include the following information:
A. 
The full legal name and any other names used by the applicant. If the applicant is:
(1) 
An individual, the individual shall state his/her full legal name;
(2) 
A partnership, the name of the partnership shall be set forth exactly as shown in its partnership agreement, and the information required by this section shall be furnished for the responsible person;
(3) 
A corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the information required by this section shall be furnished for the responsible person.
B. 
The current residential address and the telephone number of the applicant, and the two previous residential addresses and business addresses, if any.
C. 
Written proof to the satisfaction of the Board of Licenses that the applicant is at least 18 years of age.
D. 
The applicant's occupation or employment history for the five years immediately preceding the date of the application.
E. 
If the applicant intends to practice body works at the proposed establishment, a copy of his or her body works personnel license.
F. 
The body works establishment or similar business license history of the applicant; including whether such person, in previously operating in this Town or another town, city, county or state under a license or permit, has had such license or permit revoked or suspended; the reasons and dates for any such revocation or suspension.
G. 
All criminal convictions, except minor traffic violations.
H. 
A statement of how many personnel the applicant intends to employ at the establishment.
I. 
The full name, address, telephone number of every person who will be associated with the proposed establishment and a copy of every proposed person's body works personnel license.
J. 
The full name, address, telephone number of each person who will be designated as the supervisor for the proposed establishment and a copy of each proposed supervisor's body works personnel license.
K. 
A statement as to whether the applicant intends to provide body works services off site.
L. 
Information demonstrating that the proposed establishment is consistent with the applicable land use designation and zoning code.
M. 
Written proof that the proposed establishment is compliant with all applicable health, safety, building, firesafety, and sanitary standards under the Town of Coventry Code of Ordinances and the Rhode Island General Laws.
N. 
Where a building permit is necessary as a prerequisite to occupancy of a building, the body works establishment license application is not complete and validly filed until proof of submittal of the building permit application is provided.
O. 
Such other identification and information as may be required by the Board of Licenses to verify the truth of the matters specified in this section, or any additional information required to show that the applicant has met the minimum qualifications to be licensed pursuant of this chapter.
P. 
An application is deemed complete and validly filed when the Board of Licenses has received all information required by this code, the results of the Department of Justice criminal background check, and any fees associated with the application.

§ 104-13 Employee and independent contractor restrictions.

It is a violation of this chapter for any person, partnership, corporation, establishment, owner, or other entity to employ any person not holding a personnel license for the purpose of providing body works; to employ any person not holding a personnel license to work in an establishment in any capacity; or to allow any person not holding a personnel license to provide or offer to provide body works services or otherwise conduct business in the establishment.

§ 104-14 Sanitation and decency code.

A. 
All personnel who are engaged in the practice of body works shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet. All personnel must be fully covered from a point not more than four inches above the center of the kneecap to the base of the neck, excluding the arms. Such garments shall not be transparent and must be maintained in clean and sanitary condition.
B. 
It is unlawful for any personnel to directly or indirectly touch or offer to touch a customer's specified anatomical areas.
C. 
All customer's specified anatomical areas must be fully draped at all times while any personnel is in the same cubicle or room.
D. 
No instruments or devices designed or used for direct application to the skin shall be applied directly to the skin unless sterilized. The part of the body being treated shall be covered with a clean towel or else the instrument shall be covered in a similar manner.
E. 
Cleaning of hands. All personnel shall thoroughly cleanse his or her hands by washing with soap and hot water immediately before providing body works services.
F. 
Working hours. No establishment shall offer or provide body works services between the hours of 10:00 p.m. and 8:00 a.m.
G. 
Designation of name. No licensed person shall operate under any name or conduct his or her business under any designation not specified in his or her license.
H. 
It is a violation of this chapter for any person, partnership, corporation, establishment, owner, or any other entity to conduct, cause to be conducted, or allow to be conducted any activity prohibited by Title 11, Chapters 11-1 et seq. of the Rhode Island General Laws in any establishment.
I. 
Change of address. Every licensee shall notify the Board of Licenses not longer than 10 days after any change of address, home or business, or name. Any new license or amendment to an existing license required because of the foregoing shall be issued with a set fee charge at the discretion of the Board of Licenses.
J. 
Inspections: City investigators may at any time with or without prior notice inspect an establishment and investigate the manner of the operation of the establishment to ensure that it is operating in compliance with this chapter.
K. 
Invalidation. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall be decided invalid for any reason whatsoever, such decisions shall not affect the remaining portions of these regulations which shall remain in full force and effect, and to this end the provisions of these regulations are hereby declared severable.

§ 104-15 Facilities.

Every establishment shall meet the following standards:
A. 
It shall be connected to the public sewerage system, or an approved private sanitary sewage system in the event public sewerage is not available.
B. 
It shall be well lighted, well ventilated and properly heated when seasonally indicated.
C. 
No room used by personnel or an establishment to provide body works may be used as a residence or sleeping quarters.
D. 
There shall be an adequate supply of hot and cold running water at all times.
E. 
There shall be approved toilet and washing facilities within the premises, readily available to the patrons and affording sufficient privacy.
F. 
Adequate dressing rooms, toilets and washing facilities shall be provided.
G. 
All rooms and furniture and equipment therein shall be kept clean at all times.
H. 
There shall be installed a heat and smoke detecting system approved by the Fire Marshal of the Fire Department of Coventry.
I. 
There shall be adequate facilities for the cleaning and sterilizing to prevent infectious organisms.
J. 
All rooms shall be arranged so as to afford adequate fire protection and shall have satisfactory means of egress in case of fire as approved by the building inspector and fire marshal.
K. 
All equipment, instruments, devices, robes, sheets, blankets, pillowcases, wearing apparel, towels and other materials which may come in direct contact with the body shall be properly cleaned and sterilized.

§ 104-16 Enforcement; violations and penalties.

A. 
Revocation of license. Every license issued under the provisions of this chapter shall be subject to suspension or revocation by the Board of Licenses for the breach by the holder thereof of any provision of this chapter, any rules and regulations pertaining thereto which have been established by the Board of Licenses, or for any violation of any other provision of this Code of Ordinances, of the Rhode Island General Laws, or of any other applicable municipal, state, or federal rule or regulation. Revocation shall be in addition to any other penalty which may be imposed as a result of a violation.
B. 
Separate offense for each day. Any person, firm, corporation, or other entity who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such entity commits, continues, permits, or causes a violation thereof.
C. 
Public nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions in this chapter shall be and is hereby declared a public nuisance and shall, at the discretion of the Town of Coventry, be a cause of action pursuant to R.I.G.L. § 10-1-1 et seq.
D. 
Criminal penalties. In addition to any applicable provision of this chapter or of the Rhode Island General Laws, any violation of this chapter may be prosecuted as a misdemeanor and punishable as follows: upon a first conviction, by a fine not exceeding $100; upon the second conviction within one year of a prior conviction, by a fine not exceeding $200 and by imprisonment not exceeding 30 consecutive days; and upon any subsequent conviction within one year of two prior convictions, by a fine not exceeding $500 and by imprisonment not exceeding one year.
E. 
Civil injunction. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the Town, create cause for injunctive relief.