[Ord. of 10-1-1984]
It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety and general welfare.
[Ord. of 10-1-1984, § 2]
For the purpose of this chapter, 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, 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 carried on or permits to be engaged in or carried on any of the activities mentioned in Section 13.5-2(a) of this chapter.
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 of whatever form or character.
Any school or institution of learning which has for its purpose the teaching of the theory, the 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 in a school which has been recognized and approved by the State of Connecticut.
[Ord. of 10-1-1984, § 3; Ord. of 9-13-1988]
Any permit issued pursuant to this chapter shall be renewed at least annually by the permit holder. The annual renewal fee shall be 1/2 of the fee set forth in Section 13.5-4 in the case of massage establishment permits and 1/2 of the fee set forth in Section 13.5-6 for masseur or masseuse permits. At such time as renewal is sought, the applicant shall revise his application(s) to reflect any changes in information previously supplied. Failure to abide by the requirements set forth above may result in revocation or nonrenewal of said permit.
[Ord. of 10-1-1984, § 4]
Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief of Police or his designate and pay a filing fee of $125, which shall not be refundable.
[Ord. of 10-1-1984, § 5]
The application for a permit to operate a massage establishment shall set forth exact nature of the massage to be administered, proposed place of business and facilities therein, the name and address of each applicant.
In addition to the foregoing, any applicant for a permit shall furnish the following information:
(a)
Written proof that the applicant is at least 18 years of age.
(b)
Two portrait photographs of at least two inches by two inches and fingerprints.
(c)
Business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
(d)
Massage or similar business license history of the applicant; whether such person has previously operated in this or another city 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.
(e)
Any criminal convictions, except minor traffic violations.
[Ord. of 10-1-1984, § 6]
Any person, including an applicant for a massage establishment permit, who engages in the practice of massages as herein defined shall file an application for a masseur or masseuse permit with the Chief of Police or his designate upon a form provided by said Chief of Police and shall pay a filing fee of $25 which shall not be refundable.
[Ord. of 10-1-1984, § 7; Ord. of 3-2-1998, § 1]
The application for a masseur or masseuse permit shall contain the following:
(a)
Name and resident's address.
(b)
Social security number.
(c)
Applicant's weight, height, color of hair and eyes, and fingerprints.
(d)
Written evidence that the applicant is at least 18 years of age.
(e)
Business occupation or employment of the applicant for three years immediately preceding date of application.
(f)
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.
(g)
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 the applicant has successfully completed not less than the number of hours of instruction provided pursuant to General Statutes § 20-206a, as same may be amended from time to time.
(h)
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.
[Ord. of 10-1-1984, § 8]
When the application is filed for a massage establishment permit under this chapter, the Police Commission of the City of Milford 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 police commission of the City of Milford has 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.
[Ord. of 10-1-1984, § 9]
The Chief of Police or his designate may issue a permit within 14 days following a hearing if all requirements for a massage establishment described in this chapter are met and may issue a permit to all persons who apply to perform massage services unless he finds:
(a)
The operation 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 of Milford.
(b)
That the applicant and any other person who will be directly engaged in the management and operation of a massage establishment has be convicted of:
(c)
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.
[Ord. of 10-1-1984, § 10]
The Chief of Police or his designate 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:
[Ord. of 10-1-1984, § 11]
(a)
Any permit issued for a massage establishment may be revoked or suspended by the Chief of Police or his designate, after a public hearing before the Police Commission of the City of Milford, or it is found that the provisions of this chapter 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 Section 13.5-9(a), (b) or (c) and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the City of Milford to inspect the premises or the operation therein.
(b)
The Chief of Police or his designate, 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 Police Commission of the City of Milford, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
[Ord. of 10-1-1984, § 12]
(a)
A masseur or masseuse permit issued by the Chief of Police or his designate shall be revoked or suspended after a public hearing before the Police Commission of the City of Milford where it appears that the masseur or masseuse has been convicted of any offense enumerated in Section 13.5-10(a), (b) or (c).
(b)
The Chief of Police or his designate before revoking or suspending any masseur or masseur 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 Police Commission of the City of Milford, at which hearing the Chief of Police or his designate shall determine the relevant facts regarding the occurrence of the conviction.
[Ord. of 10-1-1984, § 13]
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:
(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 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.
[Ord. of 10-1-1984, § 14]
(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. Hemlines of skirts, dresses or other attire may be no higher than the top of the knee.
(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 and 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 cleansed after each use.
(g)
Advertising. No massage establishment granted a permit under 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 Section 13.5-2 of this chapter, or that employees, masseurs or masseuses, are dressed in any manner other than described in Section 13.5-9(c) of this chapter. Nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in Section 13.5-2.
(h)
Health services enumerated in Section 13.5-2(a) of this chapter must be carried on in one cubicle, room, booth or area within the massage establishment. No service enumerated in Section 13.5-2(a) of this chapter may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls so that all activity within a cubicle, room, booth or area is visible from outside the same.
(i)
A massage establishment shall not carry on, or engage in conduct 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 9:00 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.
[Ord. of 10-1-1984, § 15]
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 designate, 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, by the Police Department and shall be kept on file for one year.
[Ord. of 10-1-1984, § 16]
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 City of Milford for the purposes of determining that the provisions of this chapter 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.
[Ord. of 10-1-1984, § 17]
No permit shall be transferable except with the written consent of the Chief of Police or his designate 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 permit.
[Ord. of 10-1-1984, § 18]
(a)
Holders of any outstanding massage establishment permits heretofore issued under any provision of law are required to comply with all provisions of this chapter.
(b)
Applicants of 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 of 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.
[Ord. of 10-1-1984, § 19]
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 chapter.
[Ord. of 10-1-1984, § 20; Ord. of 3-2-1998, § 2]
This chapter does not apply to schools, hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under Section 20-1 of the Connecticut General Statutes, or to persons holding an unrevoked massage therapist license issued by the Department of Health Services pursuant to General Statutes Section 20-206 in accordance with all of the standards and regulations incident thereto.
[Ord. of 10-1-1984, § 21]
The Chief of Police or his designate or the Director of 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 chapter.
[Ord. of 10-1-1984, § 22; Ord. of 5-6-2002]
Except as provided herein, it shall be unlawful for anyone to operate a massage establishment or perform massages as defined herein without obtaining all applicable permits required in this chapter. Every person, except persons who are specifically exempt by this chapter whether acting as individual, owner, employee of the owner, operator or employee of 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 City of Milford or shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. Fine for 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 by both such fine and imprisonment. In addition thereto, the City of Milford may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this chapter.