[HISTORY: Adopted by the Town Council of the Town of Southington 10-13-2015. Amendments noted where applicable.]
Health and sanitation — See Ch. 258.
The purpose of this chapter is to protect and preserve the public health, safety and welfare by establishing license, application and renewal procedures and adopting standards and regulations applicable to the practice of massage considered within this chapter and in accordance with the Connecticut General Statutes.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- The State of Connecticut Commissioner of Public Health.
- CONNECTICUT LICENSED MASSAGE THERAPIST
- A person who has been licensed to practice massage therapy under the provisions of Chapter 384a, Section 20-206a et seq., of the Connecticut General Statutes, as amended, and meets the educational requirements for treatment and certification set forth therein.
- The Director of Health of the Plainville-Southington Regional Health District or his or her authorized agent.
- The Plainville-Southington Regional Health District.
- Any person other than the massage practitioner or massage therapist who renders any service in connection with the operation of a massage establishment but has no physical contact with customers and clients.
- HIRE or REWARD
- The receipt of compensation or fees of any type paid by any person or group of persons in exchange for the receipt of a massage in a massage establishment, whether directly or by virtue of membership or access.
- INDIVIDUAL OR PERSON
- Any group of individuals, persons, firm, partnership, association, corporation, company or organization of any kind.
- The applicant issued a license to render services to operate a massage establishment by the Director of the Department under the provisions of this chapter.
- Any method of manipulating the superficial (external) or deep tissues, muscles, joints or bone or soft parts of the body for remedial, hygienic or other purposes, consisting of rubbing, stroking, pressing, kneading, tapping or any similar treatment accomplished by hand or the use of electrical or mechanical apparatus or appliances. Massage may include the use of oils, ice, hot and cold packs, whirlpool, shower, steam, dry heat, lotions or powders, for the purpose of, but not limited to, maintaining good health. Massage does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any service or procedure for which a license to practice medicine, chiropractic, naturopathy, physical therapy, or podiatry is required by law.
- MASSAGE ESTABLISHMENT or ESTABLISHMENT
- Any room or group of rooms, office, building, or other fixed place of business or premises in which any person, individual, group of individuals, firm, association, partnership, corporation, or combination of persons engages in, carries on, or permits to be provided the activity of massage. Where massage is given in a premises devoted to other uses, including but not limited to barber shops and beauty salons, health clubs and fitness centers, "massage establishment" shall refer to that part of the premises used to give massage.
- MASSAGE PRACTITIONER or MASSAGE THERAPIST
- Any person who for compensation, hire or reward engages in the practice of massage as herein defined.
- Any person who is provided access to a massage establishment in exchange for a fee or other compensation or any person who in exchange for a fee or other compensation is afforded use of a massage establishment as a condition or benefit of membership or access.
- STATE DEPARTMENT
- The Connecticut State Department of Public Health.
This chapter shall not apply to any recognized school, hospital, nursing home, sanitarium, clinic, or rehabilitation facility operating in accordance with the laws of the State of Connecticut, nor to any person holding a valid certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry, provided that the activities of such person are confined to those for which the certificate or license is granted, nor shall this chapter apply to any person lawfully acting under their direct supervision or control.
Any massage establishment currently in operation must comply with the provisions of this chapter.
No person shall operate a massage establishment used by patrons for hire or reward or advertise as being engaged in the business of massage in the Town of Southington without receiving a valid license to operate from the Department, the fee for which shall be set by the Department.
No person shall engage in the practice of massage as a massage practitioner or a massage therapist at a massage establishment in the Town of Southington unless he or she has obtained a license from the State Department to practice massage therapy as provided in Chapter 384a, Sections 20-206a et seq., of the Connecticut General Statutes, as amended, and is a Connecticut licensed massage therapist.
Each applicant for a license to operate a massage establishment shall file an application with the Director of the Department on a form proscribed by the Department. Each applicant shall pay nonrefundable filing and plan review fees.
The application for a license to operate a massage establishment shall be in writing, signed and sworn to by the applicant and shall set forth the following requirements:
The name and address of each applicant.
The applicant's social security number and/or tax identification number;
Written evidence that the applicant is at least 18 years of age;
The proposed place of business and facilities therein and the exact nature of the massage to be administered;
Photo identification of the applicant and a complete set of fingerprints. The fingerprints shall be taken by the Southington Police Department;
Business, occupation or employment history of the applicant for the three years immediately preceding the date of application;
Massage or similar business license or permit history in this or any other state of the applicant and whether or not the applicant has had any such license or permit denied, suspended or revoked and the reason or reasons therefor;
Any voluntarily suspended professional license, certificate or registration issued by a state in anticipation or during the pendency of an investigation or other disciplinary proceeding;
Any criminal conviction, except minor motor vehicle violations, within 10 years preceding the date of application;
Plans for the physical layout of the massage establishment;
The name(s) and address(es) 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 a corporation holds 10% or more, the names and addresses of the corporate officers, directors and shareholders;
The certificates, licenses and permits necessary to operate and carry out the proposed business, showing proper compliance with all the applicable rules, regulations, articles and statutes, including planning and zoning, building and health laws and regulations;
Authorization and release to the Director to seek information or references necessary to verify the information contained in the application;
The name(s) and residential address(es) of the individual(s) who will be the establishment's licensed massage therapist(s) and copies of each license issued to each such individual by the State of Connecticut, including records that document the required 500 hours of training. The list of the individuals so licensed will be updated and sent to the Director on a quarterly basis;
The name(s), address(es), and job title(s) or description(s) of all other employees of the establishment.
Within 15 days of receipt of a completed application, the Department may refer copies of the application to the Fire, Police, Planning and Zoning, or Building Departments, or other Town of Southington departments, enforcement or regulatory bodies as deemed appropriate. Within 30 days of referral of such application, the Town agencies may inspect the premises proposed to be operated as a massage establishment and make recommendations to the Department concerning compliance with the regulations, articles, and statutes of the State of Connecticut and the Town of Southington.
The applicant's failure or refusal to promptly submit information relevant to the investigation of the application, the applicant's failure or refusal to appear at any reasonable time and place for examination or inquiry regarding the application, or the applicant's refusal to submit or cooperate with any inspection required under this chapter shall be grounds for denial of the application.
Within 15 days of receipt of the recommendations of the respective Town agencies that may have inspected the applicant's premises and/or reviewed the operations as well as a completed application containing all information required by the Department and the payment of the required fee, the Director shall issue the requested license, unless he or she finds:
That the operation of the massage establishment, as proposed by the applicant, would not comply with the applicable laws of the State of Connecticut and the Town of Southington, including, but not limited to, the Fire, Planning and Zoning, Health and Building Department codes of the Town of Southington;
That the applicant, massage practitioner, employee, or any other person who will be directly or indirectly engaged in the management, operation of, or provision of services in or for the massage establishment has been convicted of any felony, an offense involving sexual misconduct, obscenity, or any offense of prostitution, pandering or solicitation of a lewd or unlawful act, or of a crime involving the unauthorized practice of the healing arts;
That the operation of the massage establishment as proposed by the applicant would otherwise violate the provisions of this chapter.
Whenever an application is denied, the Director shall notify the applicant in writing by certified mail, return receipt requested, of the reason or reasons for such denial.
Any license issued under this chapter shall be for an initial term of one year unless sooner suspended or revoked.
All licenses issued under this section shall be kept on public display in a conspicuous place on the premises of the massage establishment.
All changes affecting the licensee's application must be reported within 10 working days after the change occurs and submitted to the Department.
Unless sooner revoked or suspended, all licenses issued to operate a massage establishment will terminate at the expiration of one year.
A license may be renewed under the same terms and conditions as the issuance of an original license and payment of required renewal fees. Application for renewal shall be made at least 60 days before expiration. If renewal of any license is denied, the Director shall notify the holder of the license in writing of the reason or reasons for such denial.
At the time of submission of any application for renewal of a massage establishment license, any holder of a current massage establishment license will be subject to the requirements of this chapter.
Any applicant denied a license or renewal of such license may request, in writing, within 15 days of notification of the denial, a hearing before the Director. At this hearing, the applicant may present evidence and argument on the facts or issues involved.
The Director shall, upon receipt of a request for a hearing under this section, schedule a hearing within 15 days from the date of the receipt of the request and notify all parties of the time and place of such hearing.
The Director shall render a decision within 15 days of the conclusion of the hearing and notify the applicant in writing of his or her decision and the reason or reasons therefor.
An owner, operator, licensee or responsible managing employee, individual or person in charge of a massage establishment shall not employ or permit a person to act as a massage practitioner or massage therapist who is not in possession of a valid, unrevoked, unsuspended Connecticut massage therapist license. The possession of a valid license from the Department to operate a massage establishment does not authorize the establishment to perform work for which a Connecticut massage therapist's license is required.
No massage establishment may be kept open or otherwise operate between the hours of 10:00 p.m. and 6:00 a.m.
During all hours of operation, each massage establishment shall have on the premises and on duty at least one massage practitioner or therapist. Massage practitioners or therapists must be employed at each massage establishment to render services offered to patrons during hours of operation.
Each massage establishment shall have a manager or person in charge on duty on the premises during all hours of operation who shall be familiar with and responsible for compliance with all of the provisions set forth in this chapter. The person in charge could also be the massage practitioner or therapist as noted in Subsection C above.
Every portion of the massage establishment, including appliances and apparatus, shall be clean and in good repair and operated in a sanitary condition.
Standard or portable massage tables shall be covered with a durable washable material which is capable of being sanitized.
Every room or enclosure used for the reception or treatment of patrons shall be equipped with a door, partition, or curtain or shall otherwise ensure the privacy of the patron.
Each massage practitioner or therapist shall have access to an adequate and constant supply of running hot and cold water during business hours, and all furniture and equipment in each room shall be kept clean at all times and must be able to be properly sanitized. The Director may determine the number of sinks, and the location of sinks, needed at each massage establishment.
The facility shall have adequate equipment for disinfecting and sanitizing nondisposable instruments and materials used in administering massages. All nondisposable instruments shall be sanitized after use on each person.
No unsanitized part of a percussor, vibrator, or other mechanical appliance shall be applied directly to the skin of a patron. 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.
Robes, towels, cloths, or other linens which come into direct contact with the bodies of patrons shall, after use and before reuse, be laundered in such a manner as to ensure effective sanitization. No common use of robes, towels, cloths, or other linens is permitted. All used robes, towels, cloths, or other linens shall be kept in covered containers, closed cabinets, or closed bags and shall be kept separately from clean robe, towel, cloth or linen storage areas. Such separate storage areas shall be plainly marked as "CLEAN" or "SOILED."
All oils, creams, lotions, talcs or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
All nondisposable instruments and devices designed or used for direct application to the skin shall be such as can readily be kept clean.
The Director may require separate dressing rooms, lockers, showers and toilets for each sex based upon the layout of the facility, and the services that are provided.
The Director shall have the authority to adopt technical standards, policy and procedures to ensure proper sanitary and safe operation of the massage establishment. Failure of the massage establishment to comply with minimum requirements as outlined in the technical standards shall be considered a violation of this chapter.
The Director and/or his or her designee shall, from time to time, but not less than once a year, make an inspection of each licensed massage establishment for the purpose of determining that the provisions of this chapter are complied with. Such inspections shall be at a reasonable time, and completed in a reasonable manner. No person shall hinder any official in carrying out an inspection under this chapter.
The Director of Health, registered sanitarian or authorized agent, after proper identification, shall be permitted to enter, at any reasonable time, during business hours, any massage establishment for the purpose of making inspections to determine compliance with this section.
Each person employed or acting as a massage therapist or massage practitioner at a massage establishment shall hold a valid license to practice massage therapy issued by the State Department.
No massage practitioner shall treat any patron having a communicable disease or exhibiting any skin fungus, skin infection, skin inflammation, or skin eruption, unless a physician licensed in the State of Connecticut shall certify in writing that such person may be safely massaged, describe the conditions under which such massage may be performed, and certify further that any such communicable disease, fungus, infection, inflammation, or eruption is not of a contagious or transmissible nature. No massage practitioner who has a communicable disease or exhibits the symptoms enumerated in this subsection may administer massage unless a physician licensed in the State of Connecticut shall certify in writing such person may safely massage others, describe the conditions under which such person may administer massage, and certify further that any such communicable disease, fungus, infection, or eruption is not of a contagious or transmissible character, through massage or through the close contact ordinarily associated with massage.
A massage practitioner who operates a vibrator or other mechanical appliance in proximity to any body location where scalp hair can be pulled into its moving parts shall cover or wrap a patron's hair in a way to protect the hair from such moving parts.
Massage practitioners shall wash their hands with hot and cold running water using a proper soap or disinfectant immediately before and after administering massage to any person.
Massage practitioners must post their valid State of Connecticut massage therapy license in a prominent place within the establishment visible to the patrons. Copies of individual valid massage therapist's licenses must also be filed with the Department.
Massage practitioners may not administer massage to a minor without the consent of the minor's parent or guardian.
Massage practitioners must not render services unless the private parts of patrons are covered with cloths, towels or undergarments.
Massage practitioners shall not initiate, accept, or tolerate sexual advances while administering massage to a patron. Any contact with a patron's genital area is unlawful and prohibited.
All massage practitioners shall wear clean, nontransparent outer garments when serving a patron.
No person shall for housing, sheltering or harboring of employees, other persons or animals, and massage establishment, or cause or permit same or any area directly connected thereto to be used as living or sleeping quarters by any owners, managers, employees, clients or other individuals.
Each massage therapist must submit a photo identification and a complete set of fingerprints. The fingerprints shall be taken by the Southington Police Department.
Failure to comply with the provisions of this chapter or applicable state law shall be grounds for revocation or suspension of any license issued to a massage establishment under the provisions of this chapter in addition to any other penalty imposed. A license may be revoked or suspended by the Board or Department under the provisions of this chapter.
For the purpose of this chapter, notice may be hand-delivered to the licensee or person in charge or sent by certified mail, return receipt requested, to the last known address of the licensee.
No suspended or revoked license may be renewed. If a suspended license lapses during the suspension period, its renewal shall not be processed until the end of the suspension period. In any case involving suspension or revocation of a massage establishment license, a change of ownership and/or operator shall not affect the suspension or revocation of the license. During the time that a license is suspended, a new operator or owner may apply for a license for the same Establishment. However, any license granted in such circumstances shall be effective only after completion of the suspension period.
Whenever a license has been revoked or suspended, the licensee or person in charge may make a written request for reinstatement of the license. Within 10 days following receipt of a written request, including a statement signed by the applicant that the conditions causing the suspension or revocation have been corrected, the Director shall make a reinspection. If, in the opinion of the Director, the applicant has complied with the requirements of this chapter and any applicable state law, the license shall be reinstated.
The Director of Health shall not revoke or suspend any permit issued under this chapter without notifying the holder of the permit, in writing, of the facts and of the specific section or sections of this chapter upon which his determination was made and of the holder's right to request a hearing before the Town Manager and to present evidence or argument on all the facts or issues involved.
A request for the hearing under this section shall be filed within 10 days of notice from the Director of Health and shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered on; provided, however, that, if the Director of Health finds that the public health, safety or welfare imperatively requires action and incorporates a finding to that effect in his notice, the permit may be summarily suspended, pending a hearing, which hearing shall be promptly instituted and all facts and issues promptly determined.
Unless otherwise provided, any person who violates any provision of this chapter shall be fined not more than $250 per day or the maximum allowed by the State of Connecticut for each violation.
It shall be the responsibility of the offender to abate the violation as ordered by the Director. Each day's violation shall be deemed a separate offense.