[HISTORY: Adopted by the Town Council of the Town of Wethersfield as Secs. 6-6-1 through 6-6-24 of the Code of 1972. Amendments noted where applicable.]
Adult-oriented establishments — See Ch. 46.
This chapter shall be known and may be cited as the "Massage Parlor Ordinance for the Town of Wethersfield."
It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety and general welfare.
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
- Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who have no physical contact with customers and clients.
- GENERAL HOSPITAL
- A hospital as described in the Connecticut Blue Cross, Inc., Member Contract, located in Connecticut, and registered as such by The American Hospital Association.
- Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.
- MASSAGE ESTABLISHMENT
- Any establishment or club where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage" of this chapter.
- MASSEUR or MASSEUSE
- Any person who, for any consideration, engages in the practice of massage as herein defined.
- Any individual, corporation, partnership, association, joint-stock company or combinations of individuals of whatever form or character.
- RECOGNIZED SCHOOL
- Any school or institution which has for its purpose the teaching of the theory, the method and professional work of massage, which school requires a course of study not less than 70 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution following the successful completion of such course of study or learning in a school which has been recognized and approved by the State of Connecticut.
It shall be unlawful for any person to engage in, conduct or carry on or permit to be engaged in, conducted or carried on in or upon any premises in the Town of Wethersfield the operation of a massage establishment as herein defined without first having obtained a permit from the Town Manager or his designee after approval by the Director of Public Health.
Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Town Manager or his designee and pay a filing fee of $125 which shall not be refundable.
The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered the proposed place of business and the facilities therein. In addition to the foregoing, any applicant for a permit shall furnish the following information:
Written proof that the applicant is at least 18 years of age.
Two portrait photographs taken within 30 days of application of at least two inches by two inches and fingerprints from a governmental agency.
Business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
Massage or similar business license history of the applicant; whether such person has previously operated in this or another city or state under license, has had such license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation.
Any criminal convictions, except minor traffic violations.
Any misrepresentation shall be in and of itself sufficient cause for refusal to issue any permits hereunder or revocation of any existing permit.
In the event that the applicant is other than an individual, all of the above required information shall be supplied with reference to all stockholders, partners or other individual principals, however doing business.
When the application is filed for a massage establishment permit under this chapter, the Town Manager or his designee shall fix the time and place for a public hearing where the applicant may present evidence upon the question of his application. Not less than 15 days before the date of such hearing, the Town Manager or his designee shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain said notice for at least 15 days.
The Town Manager or his designee may issue a permit within 14 days following a hearing if all requirements for a massage establishment described in this chapter are met and may issue a permit to all persons who apply to perform massage services unless he finds:
The operation as proposed by the applicant, if permitted, would not comply with all the applicable laws, including but not limited to the Building, Health, Town Planning, Housing, Zoning and Fire Codes of the Town of Wethersfield.
That the applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
Each such establishment shall conform to all rules and regulations contained herein and the State Sanitary code, as well as to such terms and conditions as the State Commissioner of Public Health and/or the local Director of Health finds necessary and proper.
Any permit issued hereunder may be revoked or suspended by the Town Manager or his designee after a public hearing before the Town Manager or his designee if it is found that the provisions of this chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in § 102-10A(1), (2) or (3) and the permittee has actual or constructive knowledge of the violation or conviction or, in any case, where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the Town of Wethersfield to inspect the premises or the operation therein.
The Town Manager or his designee, before revoking or suspending any permit, shall give the permittee at least 10 days' written notice of the charges against him and the opportunity for a public hearing before the Town Manager or his designee, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
Editor's Note: Former § 102-12, Revocation of masseur or masseuse permit, was repealed 4-7-1997.
No permit to conduct the massage establishment shall be issued unless an inspection by the Director of Public Health or his authorized representative reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steam baths and showers shall be waterproofed with approved waterproof materials.
Toilet facilities shall be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per section shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
Lavatories or washbasins provided with both hot and cold running water should be installed in either the toilet room or vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
The Director of Public Health shall certify that the proposed massage establishment complies with all the requirements of this section and shall give or send such certification to the Town Manager or his designee.
Every portion of the massage establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.
All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premises, with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
All employees, masseurs and masseuses must be modestly attired, comparable in dress and fashion to a general hospital nurse uniform, female or male, in use by such personnel as of the effective date of this chapter. Diaphanous, flimsy and transparent clothing is prohibited.
Private parts of patrons must be covered by towels, cloth or undergarments when in the presence of any employee, masseur or masseuse. Any contact with a patron's genital area is strictly prohibited.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in an approved, sanitary manner.
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
Advertising. No massage establishment granted a permit under provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available other than those services as described in § 102-3 of this chapter or that employees, masseurs or masseuses are dressed in any manner other than that described in § 102-14C of this chapter; nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 102-3.
Health services enumerated in the definition of massage in § 102-3 of this chapter must be carried on in one cubicle, room, booth or area within the massage establishment. No service enumerated in the definition of massage in § 102-3 of this chapter may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls so that all activity within a cubicle, room, booth or area is visible from outside the same.
A massage establishment shall not carry on, engage in or conduct business on Sunday and on any other days shall not carry on, engage in or conduct business before 8:00 a.m. or after 9:00 p.m.
A full schedule of service rates shall be posted in a prominent place within the massage parlor in such a manner as to come to the attention of all patrons. No charges other than the specified rates for specified services are to be allowed, with the patron being notified of the full cost prior to the rendering of any service.
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Town Manager or his designee, of all patrons with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Said daily register shall at all times during business hours be subject to inspection by Health Department officials and by the Police Department and shall be kept on file for one year.
The Police Department and the Department of Public Health shall, from time to time, no less than twice a year, make an inspection of each massage establishment in the Town of Wethersfield for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at a reasonable time, in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
No permit shall be transferable except with the written consent of the Town Manager or his designee and the approval of the Department of Public Health; provided, however, that upon the death or incapacity of the permittee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of permit.
All persons presently operating a massage establishment or working as a masseur or masseuse, as defined herein, must comply with all the provisions of this chapter and must file for the appropriate permit within 10 days of the effective date of this chapter.
This chapter does not apply to schools, hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Connecticut or to persons working under the direction of any such person or in any such establishment.
The Town Manager or his designee or the Director of Public Health may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this chapter.
Every person, except persons who are specifically exempt by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of operator or acting as a participant or worker in any way who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to the Town of Wethersfield or who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, and subject to a fine not to exceed $100. Each day that the subject violation continues shall be deemed a separate offense.