[HISTORY: Adopted by the Town Council of the Town of Johnston 10-13-2015 by Ord. No. 2015-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 83.
Business operations — See Ch. 125.
Licensing — See Ch. 204.
Zoning — See Ch. 340.
[1]
Editor's Note: This ordinance superseded former Ch. 213,
Massage Parlors, adopted 12-10-1979 by Ord. No. 440 as Secs. 5-19
and 5-20 of the 1979 Code.
A.
Body works personnel license. All personnel must obtain a body works
personnel license issued by the Board of Licenses before performing
or offering to perform any body works services for hire, compensation,
or reward; before being compensated for any services or work in any
establishment; and before conducting any type of business for reward,
hire, or compensation within any establishment.
B.
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 at any location
in the Town of Johnston must obtain a body works establishment license
for that location from the Board of Licenses before offering, engaging
in, providing, or allowing body works services for hire, reward, or
compensation at that location.
The Town Council of the Town of Johnston and the Board of Licenses
are hereby authorized to formulate rules and regulations governing
body work personnel and body works establishments and to establish
fees for the issuance of licenses thereunder.
A.
Body works personnel license. The fee to obtain a body works personnel
license and any renewal thereof shall be $60. Said license is not
transferable.
B.
Body works establishment license. The fee to obtain a body works
establishment license and any renewal thereof shall be $100. Said
license is not transferable.
For the purpose of this chapter:
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 by the Johnston Board of Licenses in accordance
with accepted standards.
The Town Council for the Town of Johnston.
The manipulation or conditioning of part or parts of the
body by any means not regulated by Chapter 23-20.8 of the Rhode Island
General Laws.
Shall encompass body rubs, body stimulations, spa services,
and spa treatments.
The license required by § 213-1B of this chapter.
The license required by § 213-1A of this chapter.
The office, place of business, premises, or location where
body works are offered or provided for hire, reward, or compensation.
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.
Any service or treatment not regulated by Chapter 23-20.8
of the Rhode Island General Laws 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.
Human genitals, pubic regions, buttocks, or female breasts
below a point immediately above the top of the areola.
The person or persons designated by an establishment to ensure
compliance with this chapter.
The Town of Johnston.
Shall mean but is not limited to agents of the Board of Licenses,
employees of the Johnston Police Department and employees of any fire
protection district or jurisdiction.
A.
Persons excepted. Physicians, nurses, physical therapists, school athletic trainers, chiropodists, chiropractors, massage therapists, barbers, hairdressers, manicurist, and estheticians duly licensed by the State of Rhode Island are exempt from the license requirements § 213-1A of this chapter.
B.
Establishment exceptions. Hospitals, nursing and convalescent homes and other similar licensed institutions where massage and baths may be given are exempt from the license requirements of § 213-1B of this chapter. Also, any facility conducting services of a hospital, nursing and convalescent home, or other similar institutions as determined by the Johnston Board of Licenses, but due to some limiting factor is not subject to licensing, shall be similarly exempt from the license requirements of § 213-1B of this chapter. Additionally, any commercial establishment or business engaged in adult entertainment as defined by Chapter 83, Adult Entertainment, of the Johnston Code of Ordinances shall be exempt from the license requirements of § 213-1B of this chapter.
Body works personnel licenses and 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 expiration date.
A.
Body works personnel license. Every licensee shall carry his or her
original personnel license at all times when on the premises of an
establishment during the hours of operation. Additionally, every licensee
shall display his or her original personnel license in a conspicuous
manner whenever practicing or providing body works for hire, reward,
or compensation.
B.
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.
A.
No person, firm, partnership or corporation shall advertise any body
works services unless such services are to be performed by a licensed
body works personnel and said advertisement includes the body works
personnel license number of the person or persons offering to provide
the body works services.
B.
No person, firm, partnership or corporation shall advertise any body
works establishment unless the advertisement includes the body works
establishment license number.
Each body works establishment shall maintain records on the
premises of all personnel. Said records shall be subject to inspection
upon request by any Town 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.
Each personnel's body works personnel license number and the
expiration date of said license.
C.
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 Licenses,
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 Johnston Code of Ordinances or the Rhode Island
General Laws. Upon the request of any authorized Town Inspector, the
supervisor shall immediately provide personnel records that are required
by this chapter to be maintained on the premises.
Before performing or offering to perform body works services
for hire, compensation, or reward or conducting any type of business
for hire, compensation, or reward within any establishment, all personnel
shall submit an application to the Board of Licenses that includes
the following information:
A.
The full legal name and any other names used by the applicant.
B.
The current residential address and telephone number of the applicant,
and the two previous residential addresses and business addresses,
if any.
C.
The applicant's height, weight, eye color, and hair color.
D.
Written proof to the satisfaction of the Board of Licenses that the
applicant is at least 18 years of age.
E.
The applicant's business, occupation, or employment history
for the five years immediately preceding the date of the application.
F.
The body works personnel or similar license history of the applicant,
including whether such person, in previously operating in this Town
or another town, county or state under a license or permit, has had
such license or permit revoked or suspended; the reasons and dates
for any revocation or suspension.
G.
All criminal convictions, except minor traffic violations.
H.
The name(s) of the establishment at which the applicant plans to
be employed or whether the applicant intends to provide body works
services off site. If the applicant intends to work at multiple businesses,
he or she shall designate a primary address for receiving all correspondence
related to his or her permit renewal.
I.
Such other identification and information as may be required by the
Board of Licenses 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.
J.
An application is deemed complete and validly filed when the Board
of Licenses has received all information required by this Code, the
results of the Department of Justice criminal background check, and
any fees associated with the application.
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 chapters 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 Licenses 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.
If the applicant intends to practice body works at the proposed establishment,
a copy of his or her body works personnel license.
F.
The body works establishment or similar business license history
of the applicant, including whether such person, in previously operating
in this Town or another town, 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.
G.
All criminal convictions, except minor traffic violations.
H.
A statement of how many personnel the applicant intends to employ
at the establishment.
I.
The full name, address, telephone number of every personnel who will
be associated with the proposed establishment, and a copy of every
proposed personnel's body works personnel license.
J.
The full name, address, telephone number of each personnel who will
be designated as the supervisor for the proposed establishment and
a copy of each proposed supervisor's body works personnel license.
K.
A statement as to whether the applicant intends to provide body works
services off site.
L.
Information demonstrating that the proposed establishment is consistent
with the applicable land use designation and Town Zoning Code.
M.
Written proof that the proposed establishment is compliant with all
applicable health, safety, building, firesafety, and sanitary standards
under the Johnston Code of Ordinances and the Rhode Island General
Laws.
N.
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.
O.
Such other identification and information as may be required by the
Board of Licenses 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.
P.
An application is deemed complete and validly filed when the Board
of Licenses has received all information required by this Code, the
results of the Department of Justice criminal background check, and
any fees associated with the application.
It is a violation of this chapter for any person, partnership,
corporation, establishment, owner, or other entity to employ any person
not holding a personnel license for the purpose of providing body
works; to employ any person not holding a personnel license to work
in an establishment in any capacity; or to allow any person not holding
a personnel license to provide or offer to provide body works services
or otherwise conduct business in the establishment.
A.
All personnel who are engaged in the practice of body works shall
wear garments which cover the entire body, exclusive of the head,
neck, arms, legs, hands and feet. All personnel must be fully covered
from a point not more than four inches above the center of the kneecap
to the base of the neck, excluding the arms. Such garments shall not
be transparent and must be maintained in clean and sanitary condition.
B.
It is unlawful for any personnel to directly or indirectly touch
or offer to touch a customer's specified anatomical areas.
C.
All customers' specified anatomical areas must be fully draped
at all times while any personnel is in the same cubicle or room.
D.
No instruments or devices designed or used for direct application
to the skin shall be applied directly to the skin unless sterilized.
The part of the body being treated shall be covered with a clean towel
or else the instrument shall be covered in a similar manner.
E.
Cleaning of hands. All personnel shall thoroughly cleanse his or
her hands by washing with soap and hot water immediately before providing
body works services.
F.
Working hours. No establishment shall offer or provide body works
services between the hours of 10:00 p.m. and 8:00 a.m.
G.
Designation of name. No licensed person shall operate under any name
or conduct his or her business under any designation not specified
in his or her license.
H.
It is a violation of this chapter for any person, partnership, corporation,
establishment, owner, or any other entity to conduct, cause to be
conducted, or allow to be conducted any activity prohibited by § 11-1
et seq.[1] of the Rhode Island General Laws in any establishment.
[1]
Editor's Note: See R.I.G.L. § 11-1-1 et seq.
I.
Change of address. Every licensee shall notify the Board of Licenses
not longer than 10 days after any change of address, home or business,
or name. Any new license or amendment to an existing license required
because of the foregoing shall be issued with a set fee charge at
the discretion of the Board of Licenses.
J.
Inspections. Town investigators may at any time, with or without
prior notice, inspect an establishment and investigate the manner
of the operation of the establishment to insure that it is operating
in compliance with this chapter.
K.
Devices which can be utilized as an early warning system to alert
personnel, supervisors, owners, or any other persons to the presence
of law enforcement or local authorities on the premises are prohibited
in establishments. Such prohibited devices include, but are not limited
to, light or music dimmers, electronic detection devices, external
or internal video equipment and alarm systems other than those used
for fire alarms.
L.
Invalidation. If any section, paragraph, sentence, clause or phrase
of these rules and regulations shall be decided invalid for any reason
whatsoever, such decisions shall not affect the remaining portions
of these regulations, which shall remain in full force and effect,
and to this end the provisions of these regulations are hereby declared
severable.
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 or 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 Johnston.
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.
A.
Revocation of license. Every license issued under the provisions
of this chapter shall be subject to suspension or revocation by the
Board of Licenses for the breach by the holder thereof of any provision
of this chapter, any rules and regulations pertaining thereto which
have been established by the Board of Licenses, or for any violation
of any other provision of this Code of Ordinances, of the Rhode Island
General Laws, or of any other applicable municipal, state, or federal
rule or regulation. Revocation shall be in addition to any other penalty
which may be imposed as a result of a violation.
B.
Separate offense for each day. Any person, firm, corporation, or
other entity who violates any provision of this chapter shall be guilty
of a separate offense for each and every day during any portion of
which any such entity commits, continues, permits, or causes a violation
thereof.
C.
Public nuisance. Any use or condition caused or permitted to exist
in violation of any of the provisions in this chapter shall be and
is hereby declared a public nuisance and shall, at the discretion
of the Town, be a cause of action pursuant to § 10-1-1 et
seq. of the Rhode Island General Laws.
D.
Criminal penalties. In addition to any applicable provision of this
chapter or of the Rhode Island General Laws, any violation of this
chapter may be prosecuted as a misdemeanor and punishable as follows:
upon a first conviction, by a fine not exceeding $100; upon the second
conviction within one year of a prior conviction, by a fine not exceeding
$200 and by imprisonment not exceeding 30 consecutive days; and upon
any subsequent conviction within one year of two prior convictions,
by a fine not exceeding $500 and by imprisonment not exceeding one
year.
E.
Civil injunction. The violation of any provision of this chapter
shall be and is hereby declared to be contrary to the public interest
and shall, at the discretion of the Town, create cause for injunctive
relief.
