[HISTORY: Adopted by the Council of the City of Meriden 12-1-1986; amended in its entirety 4-20-1992. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the following meanings:
- 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.
- MASSAGE and/or MASSAGE THERAPY
- Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, range of motion or nonspecific stretching, vibrating or stimulating 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. This massage and/or massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat, or cabinet baths for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical and mental condition. "Massage therapy" does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, natureopathy, physical therapy, or podiatry is required by law. The term "massage" shall be synonymous and interchangeable with the term "massage therapy."
- MASSAGE ESTABLISHMENT
- 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 under "massage," and shall also include any business advertised or listed under the heading "massage."
- MASSEUR and MASSEUSE
- Any person who, for any consideration whatsoever, engages in the practice of massage and/or massage therapy as herein defined. Said individual shall be required to be a Connecticut certified massage therapist and shall be subject to Connecticut General Statutes Chapter 384a, and other related state statutes, as they are, from time to time amended. Any masseur or masseuse so certified shall be permitted to engage in this activity at the licensed massage establishment or on an out call basis.
This chapter shall not apply to schools, hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state, including a licensed massage therapist pursuant to Chapter 384a of the Connecticut General Statutes, as amended, or to persons working under the direction of any such person, or in any such establishment.
The Director of Health and Human Services or his designee may promulgate and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this chapter.
No person, firm, partnership or corporation shall engage in, conduct, or carry on or permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of a massage establishment without first having obtained a permit from the Director of Health and Human Services or his designee.
Any massage establishment existing on the date of the passage of this chapter which is operating without a permit shall, within 30 days of the effective date of this chapter, make application for said permit in accordance with the provisions of this chapter.
The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, proposed place of business and facilities therein, and the name and address of each applicant.
In addition to the foregoing, any applicant for a permit shall furnish the following information:
Written proof that the applicant is at least 18 years of age.
Two portrait photographs of at least two inches by two inches and fingerprints.
Business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
Massage or similar business license history of the applicant, whether such person has previously operated in this or another municipality or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
Any felony convictions, any conviction for an offense involving sexual misconduct, and any conviction involving obscenity, keeping or residing in a house of prostitution, solicitation of a lewd or unlawful act, prostitution or pandering.
Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Director of Health and Human Services or his designee and pay a permit fee of $250 as set by the City Council.
In the event that the massage establishment permit is disapproved, 1/2 of the permit fee shall be retained by the City for expenses incurred in the investigation of the application.
The permit shall be renewed annually upon payment of a fee of $250 as set by the City Council.
When the application is filed for a massage establishment permit, the Director of Health and Human Services shall fix the time and place of a 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 Director of Health and Human Services 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 the notices posted until the day following the hearing.
The Director of Health and Human Services or his designee may issue a permit within 30 days following a hearing if all requirements for a massage establishment described in this chapter are met, unless he finds that:
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, City planning, housing, zoning and fire codes of the City.
The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
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 local Director of Health and Human Services finds necessary and proper.
The issuance of a massage establishment permit shall be conditioned upon the right of the Director of Health and Human Services to inspect the premises during business hours.
Any permit issued for a massage establishment may be revoked or suspended by the Director of Health and Human Services or his designee after a hearing:
If it is found that any of the provisions of this chapter are violated;
Where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in § 133-5B(5) and the permittee has actual or constructive knowledge of the violation or conviction; or
Where the permittee or licensee refuses to permit any duly authorized health inspector of the City to inspect the premises or the operation therein.
The Director of Health and Human Services 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 hearing, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Any person aggrieved by the decision of the hearing officer may, within 15 days of the notice of such decision, appeal to the Superior Court for the County of New Haven at New Haven or Meriden, Connecticut.
No permit shall be transferable except with the written consent and approval of the Director of Health and Human Services or his designee, provided 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.
No permit to conduct the massage establishment shall be issued unless an inspection by the Director of Health and Human Services or his authorized representative reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproofed with approved waterproof materials.
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 section 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.
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.
The only individuals permitted to have any physical contact with patrons shall be only those masseurs and masseuses as defined in § 133-1.
Every portion of the massage establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.
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.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and which shall be laundered after each use thereof and stored in an approved sanitary manner.
Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleansed after each use.
Advertising. No massage establishment granted a permit under the provisions of this chapter 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 § 133-1, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 133-1.
No alcoholic beverage or other intoxicants shall be displayed, served, ingested or sold on the premises of the massage establishment unless under a valid liquor permit issued under the regulations of the State of Connecticut.
A full schedule of service rates shall be posted in a prominent place within the massage establishment 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 without the patron being notified of the full cost prior to the rendering of any service.
Any massage must be carried on in one cubicle, room, booth or area within the massage establishment. No massage 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.
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Director of Health and Human Services or his designee, of all patrons with names, addresses and hours of arrival and the name of the person performing the massage therapy and, if applicable, the rooms or cubicles assigned. The 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. This daily register shall also apply to massages performed on an outpatient or out call basis.
No person shall give, sign or use any false name or address in the daily register required to be kept by the massage establishment.
The Department of Public Health shall, at least twice a year, make an inspection of each massage establishment in the City for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at a reasonable time and in a reasonable manner. No permittee shall fail to allow such inspector access to the premises or hinder such inspector in any manner.
Every person, except persons who are specifically exempt by this chapter, whether acting as individuals, owner, employee of the owner, operator or employee of operator, or acting as a participant or worker in any way, who conducts a massage establishment without first obtaining a permit and paying a permit fee to the City or who violates any of the provisions of this chapter, in addition to the revocation and/or suspension of the permit, shall, upon conviction, be punished by a fine not to exceed $100. Each day of said violation shall constitute a separate offense.