The purpose of this chapter is to regulate the operation of massage establishments in order to promote the public health, safety and general welfare.
[HISTORY: Adopted by the Town Council of the Town of Gorham 9-3-1991; amended 4-1-2008 and 4-7-2009. Subsequent amendments noted where applicable.]
[Amended 8-5-2025 by Ord. No. 25-82]
As used in this chapter, the following terms shall have the meanings indicated:
Any conviction for any criminal offense punishable by imprisonment for any period of time, whether or not the sentence was imposed or served, but not including any conviction which is shown to have been set aside on appeal or for which a pardon or certificate of rehabilitation, or the equivalent, under the laws of a sentencing jurisdiction has been granted, or which is not rationally related to the purpose of licensing massage establishments.
Massage therapy as defined in 32 M.R.S.A. § 14301(4).
Any business, including but not limited to a sole proprietorship, in which the business operation consists of providing or making available massage in the Town of Gorham 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 limits of the Town.
Any person who performs massage for consideration or gratuity or with the expectation of receiving consideration or any gratuity.
Any person who receives a massage.
Any individual, partnership, corporation or other entity.
Any school or institution of learning which has for its purpose the teaching of the theory, method, profession and work of massage and is recognized or certified by the State of Maine or any other state. Schools offering a correspondence course not requiring actual attendance at class shall not be deemed a "recognized school."
The following shall be exempt from this chapter, if duly licensed by and while practicing in accordance with the laws of this state: physicians and surgeons (medical doctors and doctors of osteopathy), physicians' assistants, nurses, chiropractors, physical therapists, barbers, cosmetologists, beauticians, and other health and hygiene professionals.
All massages shall be administered on a massage table or chair, treatment table or treatment mat.
Every person who conducts or operates a massage establishment shall keep the same at all times in a clean and sanitary condition. All instruments, supplies and devices of any kind, or parts thereof, that come into contact with the human body shall be kept clean by a modern and approved method of cleaning.
A.
No massage therapist shall administer a massage to a patron whose genitals are exposed.
B.
No massage therapist shall administer or agree to administer a massage to the genitals or anus of a patron.
C.
No massage therapist shall administer a massage unless the therapist is fully clothed with nontransparent clothing of the type customarily worn by massage therapists while administering a massage.
No massage establishments shall be kept open for massage purposes between the hours of 10:00 p.m. and 6:00 a.m., provided that any massage begun before 10:00 p.m. may be completed.
[Amended 8-5-2025 by Ord. No. 25-82]
At all times when open for business, a massage establishment with a fixed place of business in the Town shall have upon the premises a licensed massage therapist or person who possesses a combination massage establishment/massage therapist license, who shall be available to supervise the operation of the establishment and assure that no violations of this chapter occur.
A massage establishment shall keep a written list of the names and current addresses of all employees, both on duty and off duty. Such list shall be shown to the Chief of Police, the Chief's authorized deputy, the Town Clerk, or the Clerk's representative, upon request.
A.
Massage establishment license. No person shall operate a massage establishment without a valid massage establishment license. A separate license shall be required for each such establishment.
B.
Massage therapist license. No person shall work as a massage therapist without a valid massage therapist license or a combined massage establishment/massage therapist license.
C.
Combined massage establishment/massage therapist license. A sole practitioner who employs no massage therapist other than the sole practitioner may apply for a combined massage establishment/massage therapist license in lieu of both a massage establishment license and a massage therapist license.
D.
Conditional massage therapist license. For the purpose of allowing an applicant for a license pursuant to Subsection B or C who is otherwise qualified to obtain such a license, except for compliance with § 197-15, to comply with § 197-15, a conditional massage therapist license may be issued under the following conditions:
(2)
The licensee under this subsection shall designate one massage therapist or combined massage establishment/massage therapist licensed by the Town of Gorham as the supervisor for the licensee.
(3)
The licensee under this subsection may designate no more than one licensed supervisor pursuant to Subsection D, unless said licensed supervisor shall voluntarily surrender their license.
(4)
The designated licensed supervisor may supervise two or fewer conditional massage therapists per license year.
A valid massage establishment license shall be displayed at all times in an open and conspicuous place in the massage establishment for which it was issued. A valid conditional massage therapist license, massage therapist license or combined massage establishment/massage therapist license must be readily available to be produced immediately if demanded of the licensee.
A.
A license application under this chapter shall be denied to any of the following persons:
(1)
Massage establishment license:
(a)
A corporation not registered to do business in this state;
(b)
A corporation if any principal officer thereof or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction within the immediately preceding five years; or
(c)
An applicant other than a corporation if such applicant or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction within the immediately preceding five years.
B.
The Clerk shall make and keep a written record of every decision to deny an application for any license hereunder.
B.
In addition to the provisions of Subsection A, either a massage establishment license or combined massage establishment/massage therapist license may be suspended or revoked upon a determination that the licensee:
(1)
Permitted any person to perform massage without a valid license to do so;
(2)
Permitted or allowed an employee, massage therapist or conditional massage therapist to violate any provision of this chapter on the premises of the establishment or in the course of conduct of the business of the establishment; or
(3)
Knowingly permitted any violation of 17-A M.R.S.A. §§ 851 through 855. Such knowledge shall be presumed if there have been two or more convictions for any such offense within any one-year period. The applicant or licensee may rebut said presumption by showing that:
Any person desiring a massage establishment, combined massage establishment/massage therapist or massage therapist license pursuant to this chapter shall file a written, signed application with the Town Clerk on a form to be furnished by the Town Clerk. An application for a combined massage establishment/massage therapist license, a massage therapist license or a conditional massage therapist license shall be accompanied by a signed photograph of the applicant taken within 30 days of the application, of such size as the Clerk may specify.
Each applicant for a massage therapist license or combined massage establishment/massage therapist license shall show proof of basic proficiency in the field of massage therapy, which may be satisfied by:
A.
Evidence of completion of a formal training course in massage therapy given by a recognized school;
B.
Evidence of 100 hours of on-the-job training in massage performed in the presence of a person holding a valid massage therapist license or a combined massage establishment/massage therapist license issued by the Town of Gorham;
C.
Evidence of continuous practice as a massage therapist for at least one year, accompanied by the written recommendation of at least five persons holding a valid massage therapy license or a combined massage establishment/massage license issued by the Town of Gorham, which shall state that said person has personally received a massage from the applicant that was administered in a skilled and professional manner; or
D.
Evidence of successful completion of a certifying exam given by another municipality or state, or the certifying exam given by American Massage Therapy Association.
No person shall make any false, untruthful or fraudulent statement, either written or oral, or in any way conceal any material fact, or give or use any fictitious name in order to secure or aid in securing a license required by this chapter. All names, including but not limited to maiden name, ever used by the applicant must be noted on the application. Any license so secured shall be void.
No person shall make use of, in any manner, to their own or another's benefit, any license which has not been duly issued to them in accordance with this chapter.
Any person presently operating as a massage therapist and/or operating a massage establishment in Gorham as defined herein on the effective date of this chapter shall comply with the terms of this chapter upon renewal of their existing license.
A.
A new license under this chapter may be issued by the Town Clerk only if the Town Clerk is satisfied that the application meets all of the requirements of this chapter. If the Town Clerk denies an application, the Clerk shall issue a written decision stating the reason for not granting the license.
B.
An existing license may be renewed by the Town Clerk, provided that the holder of the existing license makes application for renewal on or before December 31. If the holder applies for renewal on or before December 31, the existing license shall remain in effect until final action on the renewal application. Otherwise, the existing license shall expire on December 31 and an application for a new license must be filed. The Clerk may renew a license only if the Clerk is satisfied that the application meets all the requirements of this chapter.
C.
Applicants who are denied a license by the Town Clerk may appeal the Clerk's decision to the Town Council within 30 days. The Town Council, after public hearing, notice of which shall be given at least seven days in advance by publication in a newspaper having a circulation in the Town, shall issue a decision on the appeal.
D.
The Town Council shall not take final action on an application it has received, pursuant to Subsection C, for a new license (including an application for a renewal license filed after December 31) until the Town Clerk has received and reviewed a criminal background check from the State Bureau of Investigation on the applicant and any persons having a relationship to the applicant described in § 197-3 of this chapter.
Licenses issued pursuant to this chapter shall be for a term of no more than one year and shall expire annually on December 31.
The fees for licenses issued under this chapter shall be established by the Town Council. Applicants should contact the Town Clerk for the current fee. The fees are payable at the time of application and are nonrefundable.
The violation of any provision of this chapter shall be punished by a fine of not less than $250 nor more than $500 for each offense. 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 Town may enjoin or abate any violation of this chapter by appropriate action.