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.
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, Electrical Code, Fire and Life Safety Codes, Plumbing
Code and Zoning Ordinance, and shall report his findings in writing to the Town Council.
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, and shall report his findings in writing to the Town Council.
[Amended 1-8-2008 by Order No. 141-07]
[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.