[Added 8-3-1992; amended 6-3-2013]
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.
[Amended 2-24-2025 by Ord. No. 2025-25]
A. 
No person shall operate a massage establishment without obtaining and maintaining a valid massage establishment license from the City as set forth in Article I of this chapter.
B. 
No person shall work as a massage therapist, including one holding a massage establishment license, without having a valid massage therapist license from the City as set forth in Article I of this chapter, except that members of the AMTA, members of the AMBP or students in a recognized school who are required to give massages as part of their training shall not be required to obtain a massage therapist license.
C. 
No person shall work as a massage therapist without holding a valid license from the State of Maine Department of Professional and Financial Regulation, as required by 32 M.R.S.A. § 14306-C and Maine Code of Regulations, 02-041, Chapters 100 to 400, Rules Relating to Massage Therapists, as may be amended from time to time. A copy of such license shall be submitted with the application for a City massage therapist license.
D. 
No person shall operate a massage establishment or work as a massage therapist without being in full compliance with all other requirements of Maine law.
E. 
A sole practitioner who employs no other massage therapist may apply for a combined massage therapist/establishment license in lieu of obtaining both a massage therapist and massage establishment license from the City.
The following persons shall be exempt from this article if duly licensed by, and while practicing in accordance with, the laws of this state:
A. 
Physicians;
B. 
Physicians' assistants;
C. 
Surgeons;
D. 
Osteopaths;
E. 
Nurses;
F. 
Chiropractors;
G. 
Physical therapists;
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.