[HISTORY: Adopted by the Town of North Haven 4-27-1977
Special Town Meeting. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Massage Parlor
Ordinance for the Town of North Haven."
It is hereby declared that the business of operating massage establishments
or providing massage services within the Town of North Haven, as defined herein,
is a business and activity affecting the public health, safety and general
welfare.
For the purpose of this ordinance, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
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 in the definition of "massage."
Any person who, for any consideration whatsoever, engages in the
practice of massage as herein defined.
Any individual, copartnership, firm, association, joint-stock company,
corporation or combinations of individuals or whatever form or character.
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 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.
It shall be unlawful for any person to engage in, conduct or carry on
or permit to be engaged in, conducted or carried on, in or upon any premise
in the Town of North Haven, the operation of a massage establishment, as herein
defined, without having first obtained a permit as hereinafter set forth.
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 filing fee of $125, which shall not be refundable.
A.
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.
Each applicant shall also furnish information to prove
that the applicant is at least 18 years of age; list the business, occupation
or employment of the applicant for the three years immediately preceding the
date of application; furnish proof of any previous massage or similar business
licensing, the date and place of such license and whether the same has ever
been revoked or suspended and, if so, the reason therefor; provide data as
to any previous criminal convictions except minor traffic violations; and
submit to normal procedures of the Police Department for photographs and fingerprints.
Said permit to maintain, operate or conduct a massage establishment
shall be good for one year from the date of issue and shall be subject to
revocation for failure to comply with the provisions of this ordinance. The
renewal fee for said permit shall thereafter be $50 per year.
Any person, including an applicant for a massage establishment permit,
who engages in the practice of massage as herein defined shall file an application
for a masseur or masseuse permit with the Chief of Police or his designee
upon a form provided by said Chief of Police and shall pay a filing fee of
$25, which shall not be refundable.
A.
The application for a masseur or masseuse permit shall
contain the following:
(1)
Name and resident address.
(2)
Social security number.
(3)
Fingerprints and photograph with necessary information
must be taken at time of application.
(4)
Written evidence that the applicant is at least 18 years
of age.
(5)
Business occupation or employment of the applicant for
the three years immediately preceding the date of application.
(6)
Whether such person has ever been convicted of any crime
except minor traffic violations. If any person mentioned in this subsection
has been so convicted, 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)
The 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.
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.
The permit for the practice of massage shall be good for one year from the date of issue and shall be subject to revocation in the event that the licensee does not comply with the provisions of this ordinance. The renewal fee for such permit thereafter shall be $10 per year. Application for renewal shall be accompanied by an updated certificate of health as required in § 142-9B.
When the application is filed for a massage establishment permit under
this ordinance, the Board of Selectmen shall fix the time and place for a
public 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 Board of Selectmen 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 said notices
posted for the required number of days.
A.
The Chief of Police or his designee may issue a permit
within 14 days following a hearing if all requirements for a massage establishment
described in this ordinance are met and may issue a permit to all persons
who apply to perform massage services, unless he finds that:
(1)
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, town planning, housing, zoning and fire codes of
the Town of North Haven.
(2)
The applicant or any other person who will be directly
engaged in the management and operation of a massage establishment has been
convicted of:
B.
Each such establishment shall conform to all rules and
regulations contained herein and the State Sanitary 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 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.
Any permit issued for a massage establishment may be revoked or suspended by the Chief of Police or his designee after a public hearing before the Board of Selectmen or it is found that the provisions of this ordinance are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in § 142-12 and the permittee has actual or constructive knowledge of the violation of conviction or in any case where the permittee or licensee refused to permit any duly authorized police officer, health inspector or fire officer of the Town of North Haven to inspect the premises or the operation therein.
B.
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 public
hearing before the Board of Selectmen, at which time the permittee may present
evidence bearing upon the question. In such cases, the charges shall be specific
and in writing.
A.
A masseur or masseuse permit issued by the Chief of Police or his designee shall be revoked or suspended, after a public hearing before the Board of Selectmen, where it appears that the masseur or masseuse has been convicted of any offense enumerated in § 142-12.
B.
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 public hearing before the Board of Selectmen,
at which hearing the Chief of Police or his designee shall determine the relevant
facts regarding the occurrence of the conviction.
A.
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)
Construction of rooms used for toilets, tubs, steam baths
and showers shall be waterproofed with approved waterproof materials.
(2)
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 sex 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)
Lavatories or wash basins provided with both hot and
cold running water should be installed in either the toilet room or vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
B.
The Director of Public Health shall certify that the
proposed massage establishment complies with all the requirements of this
section of the ordinance and shall give or send such certification to the
Chief of Police or his designee.
A.
Every portion of the massage establishment, including
appliances, apparatus and personnel, shall be kept clean and operated in a
sanitary condition.
B.
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.
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, masseur's or masseuse's
chest at all times.
D.
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.
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.
Wet and dry heat rooms, shower compartments and toilet
rooms shall be thoroughly cleaned each day business is in operation. Bathtubs
shall be thoroughly cleaned after each use.
G.
Advertising. No massage establishment granted a permit under the provisions of this ordinance 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 § 142-3 of this ordinance or that employees, masseurs or masseuses are dressed in any manner other than described in § 142-17C of this ordinance, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 142-3.
H.
Health services enumerated in § 142-3, definition of "massage," must be carried on in one cubicle, room, booth or area within the massage establishment. No service enumerated in § 142-3, definition of "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 or booth or any area within a massage establishment which is fitted with a door capable of being locked.
I.
A massage establishment shall not carry on or engage
in or conduct business on Sunday and, on any other days, shall not carry on,
engage in or conduct business before 8:00 a.m. or after 11:00 p.m.
J.
No alcoholic beverage or other intoxicant shall be displayed,
served, ingested or sold on the premises of said massage parlor.
K.
A full schedule of service rates shall be posted in a
prominent place within the massage parlor 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, with 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. Said 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. The permittee
of a massage establishment shall also maintain a daily register of all persons
employed by said establishment, including the hours of work.
The Police Department and the Department of Public Health shall from
time to time, at least twice a year, make an inspection of each massage establishment
in the Town of North Haven for the purpose of determining that the provisions
of this ordinance are complied with. Such inspections shall be made at a reasonable
time, in a reasonable manner. It shall be unlawful for any permittee to fail
to allow such inspection officer access to the premises or to hinder such
officer in any manner.
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, however, 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.
A.
Holders of any outstanding massage establishment permits
heretofore issued under any provision of law are required to comply with all
provisions of this ordinance.
B.
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.
All persons who possess any outstanding permit heretofore issued as
either the operator of a massage establishment or as a masseur or masseuse
must file for a new permit within six months of the effective date of this
ordinance.
[Amended 9-4-1996 ATM, Res. No. 3]
This ordinance does not apply to Connecticut licensed massage therapists,
schools, hospitals, nursing homes, sanatoriums or persons holding an unrevoked
certificate to practice the healing arts under the laws of the State of Connecticut
or to persons working under the direction of any such persons 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 ordinance.
Every person, except persons who are specifically exempt by this ordinance,
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 Town of North Haven or shall violate
any of the provisions of this ordinance shall be guilty of a misdemeanor.
Conviction of such person shall be punished by a fine not to exceed $100 or
by imprisonment for a period not to exceed 60 days, or both such fine and
imprisonment.
If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of a competent
jurisdiction, such decision shall not effect the validity or effectiveness
of the remaining portions of this ordinance or any part thereof.
