This chapter shall be known and may be cited as the "Massage
Parlor Ordinance for the Town of Windsor Locks."
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.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectfully ascribed to them by this section:
EMPLOYEE
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.
MASSAGE
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.
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 in
the definition of "massage" above.
MASSEUR and MASSEUSE
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
PERSON
Any individual, copartnership, firm, association, joint-stock
company, corporation or combinations of individuals of whatever form
or character.
RECOGNIZED SCHOOL
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.
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 premises in the Town of Windsor Locks, the operation of
a massage establishment as herein defined without first having obtained
a permit from the First Selectman or his designate after approval
by the Director of Public Health.
Each applicant for a permit to maintain, operate or conduct
a massage establishment shall file an application with the First Selectman
or his designate and pay a filing fee of $200, which shall not be
refundable.
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
First Selectman or his designate upon a form provided by said First
Selectman and shall pay a filing fee of $50 which shall not be refundable.
The application for a masseur or masseuse permit shall contain
the following:
A. Name and resident's address.
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 the 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, a 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 that the applicant has successfully completed not
less than seven hours of instruction.
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.
When the application is filed for a massage establishment permit
under this chapter, the First Selectman or his designate 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 First Selectman or his designate
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.
Every person who engages in or conducts a massage establishment
shall keep a daily register, approved as to form by the First Selectman
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 or by the Police Department and shall
be kept on file for one year.
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 Windsor Locks 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. 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 First Selectman 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 time to allow for an orderly transfer of permit.
Holders of any outstanding massage establishment permits heretofore
issued under any provision of law are required to comply with all
provisions of this chapter.
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 chapter.
This chapter does 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 of Connecticut, or to
persons working under the direction of any such person or in any such
establishment.
The First Selectman or his designate 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 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 Town
of Windsor Locks or who shall violate any of the provisions of this
chapter shall be guilty of a misdemeanor. Upon conviction, such person
shall be punished by a fine not to exceed $500 or by imprisonment
for a period not to exceed 60 days, or by both such fine and imprisonment.