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Town of Wells, ME
York County
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The purpose of this article is to regulate the operation of massage establishments in order to promote and protect the public health, safety and general welfare.
For purposes of this article, the following definitions shall apply unless the context clearly implies otherwise:
DISQUALIFYING CRIMINAL CONVICTION
Any conviction for any criminal offense punishable for any period of time, whether or not the sentence was actually imposed or served, but shall not include any conviction which is shown to have been set aside on appeal or collaterally or for which a pardon, certificate of rehabilitation or the equivalent has been granted or which is not rationally related to the purpose of this article.
PATRON
Any person who receives massage.
PERSON
An individual, partnership, corporation or other entity.
RECOGNIZED SCHOOL
Any school or institution of learning which has for its purpose the teaching of the theory, method, profession and work of massage therapy and which is recognized or certified by the State of Maine or any other state. Schools offering a correspondence course not requiring actual attendance in class shall not be deemed a recognized school.
The following persons shall be exempt from the licensing requirements of this article if duly licensed by and while practicing in accordance with the laws of this state: physicians, physicians' assistants, surgeons, osteopaths, nurses, chiropractors, physical therapists, barbers, cosmetologists, beauticians and other health and hygiene professionals.
The municipal officers are authorized to grant all licenses required by this article, provided that any person applying for such a license complies with all the requirements hereof.
All massages shall be administered on a massage table, treatment table or treatment mat.
Every person who performs massage or operates a massage establishment shall keep the establishment 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.
No massage therapist shall:
A. 
Administer a massage to a patron whose genitals are exposed.
B. 
Administer or agree to administer a massage to the genitals or anus of a patron.
C. 
Administer a massage unless he or she is fully clothed with nontransparent clothing of the type customarily worn by massage therapists while administering a massage.
No massage establishment shall be kept open for massage purposes between the hours of 8:00 p.m. and 9:00 a.m.
At all times when open for business, a massage establishment shall have upon the premises a licensed massage therapist or person who possesses a combination massage establishment/massage therapist license to supervise the operation of the establishment and assure that no violations of this article occur.
The 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 or his/her authorized deputy and the Town Clerk or his/her 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 himself/herself 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 license pursuant to Subsection B or C who is otherwise qualified to obtain such a license, except for compliance with § 150-37, to comply with § 150-37B, a conditional massage therapist license may be issued under the following conditions:
(1) 
All provisions of this article shall apply to a licensee under this Subsection D, except § 150-37.
(2) 
Any licensee under this Subsection D shall designate one massage therapist or combined massage establishment/massage therapist licensed by the Town of Wells as the supervisor for said licensee. A licensee under this Subsection D shall be licensed to perform massage only at the supervisor's establishment.
(3) 
Any licensee under this Subsection D may designate no more than one licensed supervisor pursuant to Subsection D(2), unless the first-named licensed supervisor surrenders his/her license or has his/her license revoked or suspended.
(4) 
The designated licensed supervisor may supervise only one or two conditional massage therapists per license year.
(5) 
Licenses issued pursuant to this Subsection D may not be renewed.
A. 
Any person desiring a license pursuant to this article shall file a written, signed application with the Town Clerk on a form to be furnished by the 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 two front face photographs of the applicant taken within 30 days of application, of such size as the Clerk may specify.
B. 
Background investigation. The Town Clerk shall refer the names of applicants for any license required by this article to the Chief of Police, who shall verify the information in the application relating to convictions. The Chief of Police shall report any relevant information to the municipal officers.
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 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 of Wells;
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 therapist license or a combined massage establishment/massage therapist license issued by the Town of Wells or another municipality with a similar licensing scheme, provided that the Clerk shall verify that each such reference is from a licensee in good standing with the appropriate licensing authority, which reference 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 by the American Massage Therapy Association.
A valid massage establishment license or combined massage establishment/massage therapist 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 or massage therapist license must be readily available to be produced immediately if demanded of the licensee.
A. 
A license under this article shall be denied to any person who does not meet the proficiency requirements of § 150-37 and to the following persons:
(1) 
Massage establishment license.
(a) 
To a corporation not registered to do business in this state;
(b) 
To 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;
(c) 
To 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; or
(d) 
To an applicant if the massage establishment does not meet the requirements of the applicable building, electrical and fire codes.
(2) 
Massage therapist, combined massage establishment/massage therapist or conditional massage therapist licenses.
(a) 
To an applicant who has been given a disqualifying criminal conviction at any time during the five years immediately preceding application;
(b) 
To an applicant who is not at least 18 years of age; or
(c) 
To an applicant if the massage establishment does not meet the requirements of the applicable building, electrical and fire codes.
B. 
The Clerk shall make and keep a written record of every decision by the municipal officers to deny an application for any license hereunder.
A. 
All licenses. In addition to the grounds set forth in § 150-9 of this chapter, any license may be suspended or revoked upon a determination by the municipal officers, after notice and a hearing:
(1) 
That the licensee failed to notify the Clerk of any change in material fact set forth in the application for such license; or
(2) 
For any reason that would justify denial of a license pursuant to § 150-37 or 150-39.
B. 
Massage establishment or combined massage establishment/massage therapist license. In addition to the grounds set forth in § 150-9 of this chapter, either a massage establishment license or combined establishment/therapist license may be suspended or revoked upon a determination by the municipal officers, after notice and a hearing, that the licensee:
(1) 
Permitted any person to perform a 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 article 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 to 855, inclusive. Such knowledge shall be presumed if there have been two or more convictions for any such offense within any one-year period. The licensee may rebut said presumption by showing that:
(a) 
Due diligence was exercised to prevent the recurrence of any such offense; and
(b) 
Despite such diligence, he or she did not know and could not reasonably have known of any subsequent offense.
A. 
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 article. All names, including but not limited to maiden name, ever used by the applicant must be noted on the application.
B. 
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 or her in accordance with this article.
Any person operating as a massage therapist and/or operating a massage establishment as defined herein on the effective date of this article shall comply with the terms of this article by obtaining a license hereunder within 45 days of the effective date of this article.
The violation of any provision of this article shall be punished by a civil penalty of not less than $250 nor more than $500 for each offense. Each day the offense continues after notice thereof constitutes a separate offense.