[HISTORY: Adopted by the Board of Health of the Town of Stoughton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1976 (Ch. 216 of the 1983 Code)]
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 article:
Any person over 18 years of age, 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 superficial parts of a patron for medical,
hygienic, exercise or relaxation purposes by 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 whatever.
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 over 18 years of age who receives a massage under such
circumstances that it is reasonably expected that he or she will pay money
or give any other consideration therefor.
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 before the student
shall be furnished with a diploma or certificate of graduation from such school
following the successful completion of such course of study or learning.
A.Â
Business permit required. No person shall engage in or
carry on the business of massage unless he has a valid massage business permit
issued by the Town pursuant to the provisions of this article for each and
every separate office or place of business conducted by such person.
B.Â
Masseur's permit required. No person shall practice massage
as a masseur, employee or otherwise, unless he has a valid and existing masseur's
permit issued to him by the Town of Stoughton pursuant to the provisions of
this article.
A.Â
Any person desiring a massage business permit shall file
a written application with the Board of Health on a form to be furnished by
the Board of Health. The applicant shall accompany the application with a
tender of the correct permit fee as hereinafter provided and shall in addition
furnish the following:
(1)Â
The type of ownership of the business, such as whether
individual, partnership or corporation.
(2)Â
The name, style and designation under which the business
or practice is to be conducted.
(3)Â
The business address and all telephone numbers where
the business is to be conducted.
(4)Â
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.
(5)Â
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:
(a)Â
Name, complete residence address and residence telephone
numbers.
(b)Â
The two previous addresses immediately prior to the present
address of the applicant.
(c)Â
Written proof of age.
(d)Â
Height, weight, color of hair and eyes and sex.
(e)Â
Two front-face portrait photographs, taken within 30
days of the date of the application, at least two inches by two inches in
size.
(f)Â
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.
(6)Â
Such information, identification and physical examination
of the person as shall be deemed necessary by the Stoughton Board of Health
to discover the truth of the matters hereinbefore required to be set forth
in the application.
(7)Â
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.
(8)Â
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 by a Town official.
B.Â
A permit shall be granted for a period of one year and
may be renewed by a written request to the Board of Health upon payment of
$100, provided that if there are any changes in the information given in the
original application, such changes shall be set forth in the written request
for renewal.
C.Â
After suspension or revocation of the permit, a person
can apply in writing within 10 days for a hearing.
D.Â
If a section shall be decided invalid, the remaining
rules shall remain in full force.
E.Â
A hearing must be held to determine whether any nuisance
is created or danger to public health is created.
F.Â
Operation hours for the purpose of massage shall be from
9:00 a.m. to 5:00 p.m., Monday through Saturday.
Any person desiring a masseur's permit shall file a written application
with the Stoughton Board of Health on a form to be furnished by the Stoughton
Board of Health. The applicant shall tender with the application the permit
fees as hereinafter provided and shall, in addition, furnish the following:
A.Â
The business address and all telephone numbers where
the massage is to be practiced. The Stoughton Board of Health must be notified
in writing of any change of address.
B.Â
The following personal information concerning the applicant:
(1)Â
Name, complete residence address and residence telephone
numbers. The Stoughton Board of Health must be notified in writing of any
change of address.
(2)Â
The two previous addresses immediately prior to the present
address of the applicant.
(3)Â
Written proof of age.
(4)Â
Height, weight, color of hair and eyes and sex.
(5)Â
Two front-face portrait photographs taken within 30 days
of date of application and at least two inches by two inches in size.
(6)Â
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)Â
A certificate from the Stoughton Board of Health showing
that the applicant has passed a written examination based on practical knowledge
of massage and physiology to be given by the Stoughton Board of Health.
(8)Â
Diploma, certificate or other written proof of graduation
from a recognized school where the theory, method, profession or work of massage
is taught.
(9)Â
A statement in writing from a licensed physician in the
state that he has examined the applicant and believes the applicant to be
free of all communicable diseases.
C.Â
Such other information, identification and physical examination
of the person deemed necessary by the Stoughton Board of Health in order to
discover the truth of the matters hereinbefore required to be set forth in
the application.
D.Â
Authorization for the Town, its agents and employees
to seek information and conduct an investigation into the truth of statements
set forth in the application and qualifications of the applicant for the permit.
E.Â
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.Â
Permits are valid only if issued by the Stoughton Board
of Health. Upon receiving the application for a massage business or masseur's
permit, the Stoughton Board of Health shall conduct an investigation into
the applicant's moral character and personal and criminal history. The Stoughton
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.Â
In the case of applications for massage business permits,
the Stoughton 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 sanitation requirements as
set forth in this article and with the regulations of public health, safety
and welfare.
C.Â
Before any permit shall issue under this article, the
Board of Health shall first sign the approval of the application.
The Stoughton Board of Health shall issue a massage business permit
within 45 days of receipt of the application unless it finds that:
A.Â
The correct permit fee has not been tendered to the Town
and, in case of a check or bank draft, honored with payment upon presentation.
B.Â
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.Â
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any document
required by the Town in conjunction therewith.
D.Â
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, or the manager
or other person principally in charge of the operation is not over the age
of 18 years.
The massage business permittee shall display his permit and that of
each and every masseur employed in the establishment in an open and conspicuous
place on the premises of the massage business.
The permit fee for a massage business shall be $100 per year or any
part thereof. In addition, the permit fee for each masseur shall be $25 per
year or any part thereof.
Any massage business or masseur's permit issued under this article shall
be subject to suspension or revocation by the Board of Health for violation
of any provision of this article or for any grounds that would warrant the
denial of issuance of such permit in the first place. The Board of Health,
upon revocation or suspension, shall state its reasons in writing, specifying
the particular grounds for such revocation or suspension.
Every person who operates a massage business or practices or provides
a massage shall at all times keep an appointment book in which the name of
each and every patron shall be entered, together with the time, date and place
of service and the service provided. Such appointment book shall be available
at all times for inspection by the Stoughton Board of Health or its authorized
representatives.
No massage business and masseur permits are transferable, separate or
divisible, and such authority as a permit confers shall be conferred only
on the permittee named therein.
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
or under a physician's order.
No person shall sell, give, dispense, provide or keep or cause to be
sold, given, dispensed, provided or kept any alcoholic beverage or food on
the premises of any massage business. Coin-operated vending machines outside
massage areas are permitted. No consumption of food shall be permitted inside
the massage area.
The provisions of this article shall not apply to hospitals, nursing
homes, sanitoriums or persons holding an unrevoked certificate to practice
the healing arts under the laws of the state or persons working under the
direction of any such persons or in any such establishment, nor shall this
article apply to barbers or cosmetologists lawfully carrying out their particular
profession or business and holding a valid, unrevoked license or certificate
of registration issued by the state.
Any person, firm or corporation violating any of the provisions of this
article shall be fined not less than $100 nor more than $500 for each offense;
and a separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
