Body works establishment license: All persons, firms, corporations,
or other entities who own, operate, conduct, or manage a location
used to provide body works services or that hold themselves out as
being engaged in the practice of body works services, as defined in
R.I.G.L. § 23-20.8-1(4), at any location in the City of
Pawtucket must obtain a body works establishment license for that
location from the Board of License Commissioners before offering,
engaging in, providing, or allowing body works services for hire,
reward, or compensation at that location.
The City Council for the City of Pawtucket and the Board of
License Commissioners are hereby authorized to formulate rules and
regulations governing body works establishments and to establish fees
for the issuance of licenses thereunder.
Body works establishment license: The fee to obtain a body works
establishment license and any renewal thereof shall be $250.
Body works establishment licenses shall automatically expire
on the first day of July of each year. Applications for renewal must
be submitted at least 30 days prior to the expiration date.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
APPLICANT
Any person who applies for a license as required by this
chapter. In the event the applicant is a nonnatural person (e.g.,
a corporation), the term "applicant" shall also include a natural
person legally authorized to act on behalf of the applicant and the
person submitting the application to the Board of licenses pursuant
to this chapter.
APPROVED
Approved by the Pawtucket Board of License Commissioners
in accordance with accepted standards.
BODY WORKS and BODY WORKS SERVICES
Shall encompass body rubs, body stimulations, manipulation
or conditioning of any part or parts of the body, spa services, and
spa treatments, by any person not licensed under Title 23 of the Rhode
Island General Laws.
CITY
The City of Pawtucket.
CITY INSPECTOR
But is not limited to agents of code enforcement, employees
of the Pawtucket Police Department and employees of any fire protection
district or jurisdiction.
ESTABLISHMENT
The office, place of business, premises, or location where
body works are offered or provided for hire, reward, or compensation.
PERSONNEL
Any person who performs body works services for hire, compensation,
or reward or any person who is employed by or otherwise compensated
by any establishment as defined herein or any person who is permitted
by an establishment to conduct any type of business for reward, hire,
or compensation within said establishment.
SPA SERVICES and SPA TREATMENTS
Any service or treatment provided to treat the skin or body
for remedial, hygienic, relaxation, or other purposes, including but
not limited to vapor, pool, baths, saunas, dry saunas, towel treatments,
showers, body scrubs, and body showers, and which include physical
touching or application by personnel of any body works establishment.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic regions, buttocks, or female breasts
below a point immediately above the top of the areola.
SUPERVISOR
The person or persons designated by an establishment to ensure
compliance with this chapter.
Establishment exceptions: Hospitals, nursing homes and convalescent
homes and other similar licensed institutions where massage and baths
may be given are exempt from the license requirements of this chapter.
Also, any facility conducting services of a hospital, nursing home
and convalescent home, or other similar institutions as determined
by the Pawtucket Board of License Commissioners, but due to some limiting
factor is not subject to licensing, shall be similarly exempt from
the license requirements section of this chapter. Additionally, any
commercial establishment or business engaged in adult entertainment
as defined by the Pawtucket Code of Ordinances shall be exempt from
the license requirements of this chapter.
Body works establishment license: The body works establishment
license shall be conspicuously displayed in a public area of the body
works establishment at all times.
Each body works establishment shall maintain records on the
premises of all personnel. Said records shall be subject to inspection
upon request by any City Inspector. The records shall include the
following:
A. Each personnel's full legal name, date of birth, home address,
and telephone number, employment position, date first employed, and,
if applicable, date terminated.
B. All current personnel records and records of all personnel associated
with the establishment for the previous one year.
Each body works establishment shall designate at least one supervisor
who is responsible for the body works establishment's compliance
with this chapter. Said Supervisor shall agree to be on the premises
of any body works establishment whenever the establishment is open
to the public and shall agree to be responsible for cooperating with
inspections or investigations conducted by the Board of License Commissioners,
its agents, or any other person or persons authorized to inspect the
establishment pursuant to this chapter or any other applicable section
or chapter of the Pawtucket Code of Ordinances or the Rhode Island
General Laws. Upon the request of any authorized City Inspector, the
Supervisor shall immediately provide personnel records that are required
by this chapter to be maintained on the premises.
Before conducting any type of business for reward, hire, or
compensation within any establishment, all persons, firms, corporations,
or other entities who own, operate, or conduct said establishment
shall first submit applications to the Board of Licenses that includes
the following information:
A. The full legal name and any other names used by the applicant. If
the applicant is:
(1) An individual, the individual shall state his/her full legal name;
(2) A partnership, the name of the partnership shall be set forth exactly
as shown in its partnership agreement, and the information required
by this section shall be furnished for the responsible person;
(3) A corporation, the name of the corporation shall be set forth exactly
as shown in its articles of incorporation, and the information required
by this section shall be furnished for the responsible person.
B. The current residential address and the telephone number of the applicant,
and the two previous residential addresses and business addresses,
if any.
C. Written proof to the satisfaction of the Board of License Commissioners
that the applicant is at least 18 years of age.
D. The applicant's occupation or employment history for the five
years immediately preceding the date of the application.
E. The body works establishment or similar business license history
of the applicant, including whether such person, in previously operating
in this City or another city, county or state under a license or permit,
has had such license or permit revoked or suspended; the reasons and
dates for any such revocation or suspension.
F. All criminal convictions, except minor traffic violations.
G. A statement of how many personnel the applicant intends to employ
at the establishment.
H. The full name, address, and telephone number of every personnel who
will be associated with the proposed establishment.
I. The full name, address, and telephone number of each personnel who
will be designated as the supervisor for the proposed establishment.
J. A statement as to whether the applicant intends to provide body works
services off site.
K. Information demonstrating that the proposed establishment is consistent
with the applicable land use designation and City Zoning Code.
L. Written proof that the proposed establishment is compliant with all
applicable health, safety, building, firesafety, and sanitary standards
under the Pawtucket Code of Ordinances and the Rhode Island General
Laws.
M. Where a building permit is necessary as a prerequisite to occupancy
of a building, the body works establishment license application is
not complete and validly filed until proof of submittal of the building
permit application is provided.
N. Such other identification and information as may be required by the
Board of License Commissioners to verify the truth of the matters
specified in this section, or any additional information required
to show that the applicant has met the minimum qualifications to be
licensed pursuant to this chapter.
O. An application is deemed complete and validly filed when the Board
of License Commissioners has received all information required by
this Code, the results of the criminal background check, and any fees
associated with the application.
Every establishment shall meet the following standards:
A. It shall be connected to the public sewerage system, or an approved
private sanitary sewage system in the event public sewerage is not
available.
B. It shall be well lighted, well ventilated and properly heated when
seasonally indicated.
C. No room used by personnel of an establishment to provide body works
may be used as a residence or sleeping quarters.
D. There shall be an adequate supply of hot and cold running water at
all times.
E. There shall be approved toilet and washing facilities within the
premises, readily available to the patrons and affording sufficient
privacy.
F. Adequate dressing rooms, toilets and washing facilities shall be
provided.
G. All rooms and furniture and equipment therein shall be kept clean
at all times.
H. There shall be installed a heat-and-smoke-detecting system approved
by the Fire Marshal of the Fire Department of Pawtucket.
I. There shall be adequate facilities for the cleaning and sterilizing
to prevent infectious organisms.
J. All rooms shall be arranged so as to afford adequate fire protection
and shall have satisfactory means of egress in case of fire as approved
by the Building Inspector and Fire Marshal.
K. All equipment, instruments, devices, robes, sheets, blankets, pillow
cases, wearing apparel, towels and other materials which may come
in direct contact with the body shall be properly cleaned and sterilized.
If any section, clause, paragraph, sentence or phrase of this
chapter shall, for any reason, be held to be invalid or unconstitutional,
such invalid section, clause, paragraph, sentence or phrase is hereby
declared to be severable; and any such invalid or unconstitutional
section, clause, paragraph, sentence or phrase shall in no way affect
the remainder of this chapter; and it is hereby declared to be the
intention of the City Council that the remainder of this chapter would
have been passed notwithstanding the invalidity or unconstitutionality
of any section, clause, paragraph, sentence or phrase thereof.