A. 
Therapeutic massage establishment license. No person shall operate a therapeutic massage establishment without a valid therapeutic massage establishment license issued by the town. 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/therapist license issued by the Town unless such person currently possesses a valid massage therapist license from another Maine municipality whose massage regulatory ordinance substantially comports with the requirements of this chapter, in the opinion of the Town Clerk.[1]
[1]
Editor’s Note: Former Subsection B(1), added 6-5-2007 by Order No. 37-07, which immediately followed and exempted applicants for a therapist license applying other than during the yearly renewal period from Town Council public hearing requirements, was repealed 10-8-2019 by Order No. 90-19.
C. 
Combined massage establishment/massage therapist license. A sole practitioner who employs no massage therapist or employee other than himself may apply for a combined massage establishment/massage therapist license in lieu of both a therapeutic massage establishment license and a massage therapist license.
D. 
Conditional massage therapist license. For the purpose of allowing an applicant for a massage therapist license or combined massage establishment/massage therapist license who is otherwise qualified to obtain such a license, except for compliance with § 188-11,[2] to comply with this chapter, a conditional massage therapist license may be issued under the following conditions:
(1) 
All provisions of this chapter shall apply to a licensee under this subsection except § 188-11.
(2) 
The licensee under this subsection shall designate one massage therapist or combined massage establishment/massage therapist licensed by the Town as the supervisor for the licensee. No more than one licensed supervisor shall be designated unless said licensed supervisor voluntarily surrenders his license. The designated licensed supervisor may supervise no more than two conditional massage therapists per license year.
(3) 
Licenses issued pursuant to this subsection may not be renewed.
[2]
Editor’s Note: See now § 188-10.
Any person presently operating as a massage therapist and/or operating a massage establishment in the Town as defined herein on the effective date of this chapter shall comply with the terms of this chapter starting on its effective date and shall obtain a license hereunder within three months of the effective date of this chapter.
A. 
Each applicant for a license shall:
(1) 
Complete and file an application on a form prescribed by the Town Clerk;
(2) 
Deposit the prescribed license fee in advance with the Town Clerk; these fees are for an annual license for the calendar year ending on December 31 of each year. Fees for the following license shall be approved by Council order:
(a) 
Massage establishment.
(b) 
Combined massage establishment/massage therapist.
(c) 
Massage therapist.
(d) 
Conditional massage therapist.
(3) 
Submit the completed application to the Town Clerk, together with attested copies of the articles of incorporation and bylaws, if the applicant is a corporation, evidence of partnership, if a partnership, or articles of association and bylaws, if the applicant is an association, as well as a list of all officers and directors;
(4) 
File an affidavit which will identify all owners, officers, managers or partners of the applicant and their places of residence at the time of the application and for the immediately preceding three years;
(5) 
For a combined massage establishment/massage therapist license, a massage therapist license or a conditional massage therapist license, submit two front face photographs of the applicant taken within 30 days of application, of such size as the Town Clerk may specify;
(6) 
File the release authorized by 16 M.R.S.A. § 620(6) (Criminal History Record Information Act) with the application of each applicant and for each officer, owner, manager or partner of an applicant seeking a therapeutic massage establishment or combined massage establishment/massage therapist license; and
(7) 
Pay the required processing fee and costs of published or mailed notices.
B. 
If an application is denied or withdrawn, the license fee shall be refunded to the applicant. The processing fee and costs of published or mailed notices shall not be refunded.
[1]
Editor’s Note: Former § 188-7, Council action; notice of hearing, was repealed 10-8-2019 by Order No. 90-19. Order No. 90-19 also renumbered former §§ 188-8 through 188-23 as §§ 188-7 through 188-22, respectively.
No applicant nor, for a massage establishment or combined massage establishment/massage therapist license, any owner, officer, manager or partner of an applicant shall have been convicted of a crime now classified as a Class A, B or C crime, a crime involving moral turpitude nor of violating any of the gambling, drug or prohibitive liquor laws of either the United States or the State of Maine or any state within the five years immediately preceding the date of application.
Upon receipt of an application or notice or a change of the owners, officers, managers or partners of the applicant:
A. 
The Code Enforcement Officer shall verify that the premises at which the establishment will be located comply with all applicable ordinances of the town, including but not limited to the Building Code,[1] Electrical Code, Fire and Life Safety Codes, Plumbing Code and Zoning Ordinance,[2] and shall report his findings in writing to the Town Council.
[1]
Editor's Note: See Ch. 111, Building Construction.
[2]
Editor's Note: See Ch. 181, Zoning, Part 1.
B. 
The Town Clerk shall review the application and other documents and determine whether such documents comply with all of the requirements of this chapter and shall report such findings in writing to the Town Council.
C. 
If requested by the Code Enforcement Officer, the Health Officer shall inspect the location or proposed location to determine whether the applicable ordinances relating to health and safety have been satisfied and shall report his findings in writing to the Town Council.
D. 
The Town Clerk shall request that a qualified law enforcement agency investigate the first application, including the criminal history record information required under § 188-9,[3] and shall report his findings in writing to the Town Council.
[Amended 1-8-2008 by Order No. 141-07]
[3]
Editor’s Note: See now § 188-8.
[Amended 1-8-2008 by Order No. 141-07]
Each applicant for a massage therapist license or combined massage establishment/therapist license shall show proof of basic proficiency in the field of massage therapy which shall 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 therapeutic 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, by the State of Maine or by a municipality which has enacted massage therapist licensing requirements similar to those of the Town;
C. 
Evidence of continuous practice as a massage therapist for at least one year, accompanied by the written recommendation of at least three persons, two of whom hold a valid massage therapy license or a combined massage establishment/massage therapist license issued by the Town, by the State of Maine or by a municipality which has enacted massage therapist licensing requirements similar to those of the Town, and one of whom is a health-care provider who is not a massage therapist, which recommendation 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 or licensing exam given by another municipality or by a state agency or of the certifying exam given by American Massage Therapy Association.
No person shall make a 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 his own or another's benefit, any license which has not been duly issued to him in accordance with this chapter.
A license under this chapter shall be denied to the following persons:
A. 
Therapeutic massage establishment license.
(1) 
A corporation not registered to do business in this state;
(2) 
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
(3) 
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 days.
B. 
Massage therapist license, combined massage establishment/massage therapist license or conditional massage therapist license.
(1) 
An applicant who has been given a disqualifying criminal conviction at any time during the five years immediately preceding application; or
(2) 
An applicant who is not at least 18 years of age.
C. 
All licenses. An applicant who has submitted an incomplete application, knowingly made an incorrect statement of a material nature or failed to supply additional information required by the Town Council or reasonably necessary to determine whether the license is issuable.
A. 
All licenses. Any license may be suspended or revoked upon a determination that the licensee:
(1) 
Failed to notify the Town Clerk of any change of material fact set forth in the application for such license; or
(2) 
Violated any provision of this chapter.
B. 
Therapeutic massage establishment license or combined establishment/therapist license. In addition to the provisions of Subsection A, either a massage establishment license or combined establishment/therapist license may be suspended or revoked upon a determination that the licensee:
(1) 
Permitted any person to perform therapeutic massage without a valid license to do so;
(2) 
Permitted or allowed an employee, massage therapist or conditional massage therapist to violate any provision to 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 and 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 due diligence was exercised to prevent the recurrence of any such offense, and despite such diligence he or she did not know and could not reasonably have known of any subsequent offense.