The Director of Health shall from time to time, make an inspection
of each massage establishment operating within the City of Norwalk
for the purposes of determining that the provisions of this chapter
are complied with. Such inspections shall be at a reasonable time,
in a reasonable manner. It shall be unlawful for any person to fail
to allow such inspection officer access to the premises or to hinder
such officer in any manner.
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 City, the operation of a massage establishment
without first having obtained a permit from the Director of Health.
Each applicant for a permit to maintain, operate or conduct
a massage establishment shall file an application with the Director
of Health and shall pay a filing fee in an amount set by the Board
of Health and approved by the Common Council. Such fee shall not be
refundable.
The application for a permit to operate a massage establishment
shall be in writing, signed and sworn to by the applicant and shall
include the following:
A.
The applicant's name, residence address, and date of birth.
B.
The location of the proposed massage establishment.
C.
A list of the massage services and prices to be provided to customers
of the massage establishment.
D.
Two portrait photographs of the applicant and each massage therapist
and nonlicensed employee of the massage establishment, at least two
inches by two inches, and a complete set of each such person's
fingerprints. If the applicant is not a natural person, the application
shall include two portrait photographs and a complete set of fingerprints
of each shareholder, director, officer, member, manager, partner,
and other principal of the applicant entity. Said fingerprints shall
be taken by the Chief of Police, or his or her designee, who shall
conduct a criminal background check.
E.
The name, residence address and date of birth of each massage therapist
and nonlicensed employee of the proposed massage establishment.
F.
A certified copy of the applicant's Connecticut massage therapy
license.
G.
A certified copy of each massage therapist's Connecticut massage
therapy license.
H.
A statement that neither the applicant nor any of the massage therapists
or nonlicensed employees has had his or her massage therapy license
revoked or suspended; the reasons for such each revocation or suspension.
I.
All criminal convictions of the applicant and each massage therapist,
except minor traffic violations.
J.
Plans for the physical layout of the massage establishment.
K.
The names and addresses of all persons having a beneficial financial
interest in the massage establishment and the amount of each person's
interest if 10% or over. If the applicant is not a natural person,
a list of shareholder, director, officer, member, manager, partner,
and other principal of the applicant entity.
L.
Copies of all required certificates, permits and licenses, showing
proper compliance with all applicable rules, regulations, ordinances,
and statutes, including zoning, building and health laws and regulations.
M.
A written statement of operating policies and procedures pertaining
to such matters as times of operation, accessibility, personnel policies,
methods and schedules of cleaning and sanitizing and provisions for
safety and health of clients and employees.
N.
Authorization to conduct a criminal background check on the applicant.
O.
Such other information the Director of Health shall deem necessary
to determine whether the applicant is eligible for a permit under
this chapter.
Applications for permits to conduct a massage establishment
shall be submitted to the Director of Health not less than 60 days
prior to the opening for operation of the establishment. Applications
shall be filed in triplicate. A copy of the application shall be distributed
promptly to the Chief of Police, the Town Clerk and to the applicant.
Any permit issued under these regulations shall be valid until the
next renewal date unless suspended or revoked. Applications shall
be made in person by the applicant or, if the applicant is not a natural
person, a principal of the applicant. Upon denial of an application
of an original permit, the Director of Health shall notify the applicant
in writing of such denial by mailing a notice to him/her at the address
shown on his/her application.
A.
The Director of Health shall issue a permit to operate a massage
establishment within 45 days following receipt of the application,
provided the application complies with the provisions of this chapter
and upon finding:
(1)
All requirements concerning operation and facilities described in
this chapter will be complied with as of the effective date of the
permit.
(2)
Compliance with all other statutes, codes or ordinances, including
health, zoning, building, fire and safety requirements of the City
of Norwalk and the State of Connecticut as of the effective date of
the permit.
(3)
Neither the applicant nor any person directly engaged in the operation
or management of the massage establishment has been convicted of any
felony, an offense involving the unauthorized practice of the healing
arts, sexual misconduct with minors, obscenity, keeping or residing
in a house of ill fame, solicitation of a lewd or unlawful act, prostitution
or pandering, and has not had a permit to operate a massage establishment
suspended or revoked in this state or any other state.
B.
Permits shall be valid for up to one year from the date of issuance
and shall expire on April 30 of each year.
Permits to operate a massage establishment may be renewed in
accordance with the following:
A.
Applications for renewal shall be made at least 60 days before expiration
and shall be in the form prescribed by the Director of Health.
B.
Each application for renewal of a permit shall be accompanied by
a nonrefundable fee in the amount set by the Board of Health and approved
by the Common Council.
C.
The Director of Health shall renew each permit upon making findings
as required for issuance of the original permit.
D.
If renewal of the permit is defined, the Director of Health shall
notify the holder of the permit in writing not less than 30 days before
expiration of the permit including the facts and specific section
or sections of this chapter upon which this determination was made.
Any permit to operate a massage establishment may be revoked
or suspended by the Board of Health on the recommendation of the Director
of Health for any of the following reasons:
A.
The permittee or any massage therapist or nonlicensed employee of
the massage establishment is convicted of any offense involving moral
turpitude, obscenity, sexual misconduct, keeping or residing in a
house of ill fame, solicitation of a lewd or unlawful act, prostitution
or pandering, the record of conviction being conclusive evidence thereof.
B.
The permittee uses or permits to be used on the premises any narcotic
or any controlled drug as defined in Section 21a-242 of the Connecticut
General Statutes, to an extent or in a manner that such use is illegal
or impairs his or her ability to direct the establishment and endangers
any client or customer.
C.
The permittee fails to maintain standards prescribed by the Connecticut
Department of Public Health or the Norwalk Health Department, or their
respective successors.
D.
The permittee furnishes or makes any misleading or false statement
or report in relation to this chapter.
E.
The permittee refuses to submit to the Director of Health any reports
or refuses to make available to the Director of Health any records
required by the Director of Health in investigating the establishment
for purposes associated with this chapter.
F.
The permittee fails or refuses to submit to an investigation or inspection
by persons authorized by law to conduct fire, building, health or
law enforcement related inspections.
G.
The permittee fails to provide or maintain equipment and keep in
a safe and sanitary condition the premises established for and used
by clients and customers pursuant to minimum standards prescribed
by the Connecticut Board of Health and or the Norwalk Health Department.
H.
The permittee employs any massage therapists who do not have the
license required by Sections 20-206a to 20-206c of the Connecticut
General Statutes.
I.
The permittee willfully or deliberately violates any of the provisions
of this chapter, or the rules and regulations established by the Director
of Health pursuant to this chapter.
