As used in this article, the following terms shall have the
meanings indicated:
CLIENT
Any person who received a massage or who retains a massage
therapist for that purpose.
MASSAGE or MASSAGE THERAPY
Any method of rubbing, kneading, tapping, vibrating, compressing,
percussing, applying friction, or manipulating the external parts
of the human body with the hands or other parts of the body or with
the aid of any instruments or device.
MASSAGE ESTABLISHMENT
Any business, including a sole proprietorship, in which the
business operations consist of providing or making available massage
in the City for consideration or with the expectation of receiving
consideration or any gratuity, whether or not the business has a fixed
place of business within the City limits.
MASSAGE THERAPIST
A person who provides or offers to provide massage for a
fee, monetary or otherwise.
RECOGNIZED SCHOOL
Any school or institution of learning approved or accredited
by the American Massage Therapy Association/Commission on Massage
Training Accreditation/Approved (AMTA/COMTAA), Associated Bodywork
and Massage Professionals/International Massage and Somatic Therapies
Accreditation Council (ABMP/IMSTAC), or a school or institution requiring
training equivalent to or surpassing an AMTA/COMTAA-approved or ABMP/IMSTAC-approved
school, which offers a course of training in the theory, method, profession
and work of massage therapy, consisting of 500 hours or more, the
completion of which renders a student eligible for membership in the
AMTA or ABMP. Schools which cannot be verified shall not be deemed
a recognized school. The burden of proving that a school meets or
surpasses the educational training requirements of an AMTA/COMTAA-approved
or ABMP/IMSTAC-approved school shall be on the applicant.
The following persons shall be exempt from this article if duly
licensed by, and while practicing in accordance with, the laws of
this state:
H. Barbers (for scalp, arm and hand massages);
I. Beauticians (for scalp, arm, hand, lower leg and foot massages);
J. Cosmetologists (for scalp, arm, hand, lower leg and foot massages).
The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in §
205-8 as well as any of the following grounds:
A. The massage establishment, massage therapist, or clients thereof
have caused, or likely will cause, a breach of the peace;
B. Permitting any person to perform massage therapy without a license to do so, except as specifically allowed by §
205-63B; permitting anyone to perform massage therapy who has a disqualifying criminal conviction as set forth in §
205-9C or
205-65D whether or not that person is exempted from the massage license requirements of §
205-63B; or otherwise allowing an employee or other massage therapist to violate any provision of this article on the premises of the establishment or in the course of conducting business;
C. Knowing, participating in or permitting any violation of 17-A M.R.S.A.
§§ 251 to 261 or 851 to 855; or
D. Conviction of crime under the following standards:
[Amended 4-22-2019 by Ord. No. 2019-68]
(1) Conviction
for one misdemeanor for a theft-related offense, applicant is ineligible
for five years.
(2) Conviction
for two misdemeanors for a theft-related offense, applicant is ineligible
for 10 years from conviction date of most recent offense.
(3) Conviction
of any felony-related crime, including theft offenses, applicant is
permanently ineligible.
In addition to any limitations imposed on a licensee by the
municipal officers or by the Code, the following shall apply throughout
the term of any license:
A. No massage therapist shall administer, or be allowed to administer,
a massage to a client whose genitals are showing;
B. No massage therapist shall engage in, agree to, or be permitted to
administer a massage to the genitals or anus of a client;
C. No massage therapist shall administer or be permitted to administer
a massage unless he or she is fully clothed in nontransparent clothing;
D. No person, to his/her own or another's benefit, shall make use of
a license which has not been duly issued to him/her;
E. A valid massage establishment license shall be conspicuously displayed
at all times in the place of business. A valid massage therapist license
must be readily available upon demand;
F. All massages shall be administered on a massage table, treatment
table, or treatment mat;
G. Every person who operates or conducts business in a massage establishment
shall keep the premises, equipment, and supplies in a clean and sanitary
condition;
H. A massage establishment shall keep a written list of all employed
massage therapists and their current addresses, which list shall be
shown to the Chief of Police or City Clerk upon request; and
I. No massage establishment shall be kept open for massage purposes
between the hours of 12:00 midnight and 6:00 a.m.
The violation of any provision of this article shall be punishable by the fine set forth in Chapter
A401, Master Fine Schedule. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. In addition to such penalty, the City may seek injunctive relief in a court of competent jurisdiction.