[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.
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."
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."
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.
[Amended 2-16-1999]
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.
A.
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.
B.
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.
A.
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.
B.
In addition to the foregoing, any applicant for a
permit shall furnish the following information:
(1)
Written proof that the applicant is at least 18 years
of age.
(2)
Two portrait photographs of at least two inches by
two inches and fingerprints.
(3)
Business, occupation or employment of the applicant
for the three years immediately preceding the date of the application.
(4)
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.
(5)
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.
A.
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.
B.
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.
C.
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.
A.
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:
(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, City planning, housing, zoning
and fire codes of the City.[1]
(2)
The applicant and 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 local Director of Health and Human Services finds necessary
and proper.
C.
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.
A.
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:
(1)
If it is found that any of the provisions of this
chapter are violated;
(2)
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
(3)
Where the permittee or licensee refuses to permit
any duly authorized health inspector of the City to inspect the premises
or the operation therein.
B.
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:
A.
Construction of rooms used for toilets, tubs, steam
baths, and showers shall be waterproofed with approved waterproof
materials.
B.
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.
C.
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.
A.
The only individuals permitted to have any physical contact with patrons shall be only those masseurs and masseuses as defined in § 133-1.
B.
Every portion of the massage establishment, including
appliances, apparatus and personnel, shall be kept clean and operated
in a sanitary condition.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
