A. 
Body Works Personnel License. All personnel must obtain a body works personnel license issued by the licensing agency 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 with any establishment.
B. 
Body Works Establishment License. All persons, 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 city of Cranston must obtain a body works establishment license for that location from the licensing agency before offering, engaging in, providing or allowing body works services for hire, reward or compensation in that location.
(Ord. 2015-9, § 1, 4/27/2015)
The city council for the city of Cranston and the licensing agency is hereby authorized to formulate rules and regulations governing body work personnel and body work establishments and to establish fees for the issuance of licenses thereunder.
(Ord. 2015-9, § 1, 4/27/2015)
A. 
Body Works Personnel License. The fee to obtain a body works personnel license and any renewal thereof shall be sixty dollars ($60.00). 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 one hundred dollars ($100.00). Said license is not transferable.
C. 
A photo identification badge must be worn and clearly visible at all times when working.
(Ord. 2015-9, § 1, 4/27/2015)
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 thirty (30) days prior to expiration date.
(Ord. 2015-9, § 1, 4/27/2015)
"Applicant"
means any person who applies for a license as required by this chapter. In the event the applicant is a non-natural 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 licensing agency pursuant to this chapter.
"Approved"
means approved by the licensing agency in accordance with acceptable standards.
"City"
means the city of Cranston.
"City inspector"
means but is not limited to agents of the licensing agency, employees of the Cranston Police Department and employees of any fire protection district or jurisdiction.
"Body works" and "body-works services"
means body rubs, body stimulation, manipulation, or conditioning of any part or parts of the body, spa services, and performed by a person not licensed under RIGL Title 23.
"Body works establishment license and establishment license"
means the license required by Section 5.26.010(B) of this title.
"Body works personnel license and personnel license"
means the license required by Section 5.26.010(A) of this title.
"Establishment"
means the office, place of business, premise or location where body works are offered or provided for hire, reward or compensation.
"Licensing agency"
means the safety services and licensing committee of the Cranston city council.
"Personnel"
means 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 or reward, hire or compensation within said establishment.
"Spa services" and "spa treatments"
means 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 treatment, showers, body scrubs, and body showers.
"Specified anatomical areas"
means human genitals, pubic regions, buttocks or female breasts below a point immediately above the top of the areola.
"Supervisor"
means the person or persons designated by an establishment to ensure compliance with this chapter.
(Ord. 2015-9, § 1, 4/27/2015; Ord. 2016-32, § 1, 10/24/2016)
A. 
Persons Excepted. Physicians, nurses, physical therapists, school athletic trainers, chiropodists, chiropractors, massage therapists, barbers, hair dressers, manicurists, and estheticians duly licensed by the state of Rhode Island are exempt from the license requirements of Section 5.26.010(A) 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 Section 5.26.010(B) of this chapter. Also, any facility conducting services of a hospital, nursing and convalescent home, or other similar institutions as determined by the licensing agency, but due to some limiting factor is not subject to licensing, shall be similarly exempt from the license requirements of Section 5.26.010(B) of this chapter.
(Ord. 2015-9, § 1, 4/27/2015)
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.
(Ord. 2015-9, § 1, 4/27/2015)
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 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.
(Ord. 2015-9, § 1, 4/27/2015)
Each body works establishment shall maintain records on the premises of all personnel. Said records shall be subject to inspection upon request of any city 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 or records of all personnel associated with the establishment for the previous one year.
(Ord. 2015-9, § 1, 4/27/2015)
Each body works establishment shall designate at least one supervisor who is responsible for the body work 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 licensing agency, 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 Cranston Code of Ordinances or the Rhode Island General Laws. Upon the request of any authorized city inspector, the supervisor shall immediately provide personnel records that are required by this chapter to be maintained on the premise.
(Ord. 2015-9, § 1, 4/27/2015)
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 licensing agency 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 licensing agency that the applicant is at least eighteen (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 city or another city, 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 licensing agency 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 licensing agency 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.
(Ord. 2015-9, § 1, 4/27/2015)
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 licensing agency that includes the following information:
A. 
The full legal name and any other names used by the application. If the application 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 articles 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 licensing agency that the applicant is at least eighteen (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 city or another city, 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 city zoning code.
M. 
Written proof that the proposed establishment is compliant with all applicable health, safety, building, fire safety and sanitary standards under the Cranston 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 completed 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 licensing agency to verify the truth of the matter 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 licensing agency 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.
(Ord. 2015-9, § 1, 4/27/2015)
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 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.
(Ord. 2015-9, § 1, 4/27/2015)
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 cleaning 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 customer's 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 Title 11, Chapters 11-1, et seq. of the Rhode Island General Laws in any Establishment.
I. 
Change of Address. Every licensee shall notify the licensing agency not longer than ten (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 licensing agency.
J. 
Inspections. City 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.
(Ord. 2015-9, § 1, 4/27/2015)
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 Cranston.
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.
(Ord. 2015-9, § 1, 4/27/2015)
A. 
Revocation of License. Every license issued under the provisions of this chapter shall be subject to suspension or revocation by the licensing agency 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 licensing agency, or for any violation of any other provisions 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 city, be a cause of action pursuant to Section 10-1-1, et seq. of the Rhode Island General Laws.
D. 
Penalties. In addition to any applicable provisions of this chapter or of the Rhode Island General Laws, any violation of this chapter may be punishable as follows: upon a first violation, by a fine not exceeding five hundred dollars ($500.00); upon the second violation within one year of a prior violation, by a fine not exceeding seven hundred fifty dollars ($750.00); and upon any subsequent violation within one year of two prior violations, by a fine not exceeding one thousand dollars ($1,000.00).
E. 
Civil Injunctions. 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 city, create cause for injunctive relief.
(Ord. 2015-9, § 1, 4/27/2015)