[HISTORY: Adopted by the Board of Directors of the Town of Manchester 1-2-2018. Amendments noted where applicable.]
Adult entertainment — See Ch. 98.
Editor's Note: This ordinance also provided for the repeal of former Ch. 214, Massage Establishments, adopted as Secs. 9-120 to 9-136 of the 1996 Code.
The purpose of this article is to regulate sanitary conditions at massage therapy establishments in a way that will protect and promote public health, safety and sanitation and prevent the spread of disease. It is hereby declared that the business of operating massage therapy establishments as defined herein is a business affecting the public health, safety and general welfare.
As used in this article, the following terms shall have the meanings indicated:
- Any person under whose name the massage therapy establishment shall be permitted and who has the authority to make decisions regarding the establishment. The applicant must be the massage therapist or the owner of the massage therapy establishment.
- Any person who provides compensation for massage therapy.
- DIRECTOR OF HEALTH
- The legally designated health authority of the Town of Manchester or an authorized representative of the Director.
- "Massage therapy."
- MASSAGE THERAPY ESTABLISHMENT
- Any establishment having a fixed business where any person engages in or carries on or permits to be engaged in or carried on massage therapy, as herein defined.
- MASSAGE THERAPIST
- Any person who has been licensed by the State of Connecticut Department of Public Health to practice massage therapy.
- MASSAGE THERAPY
- The systematic and scientific manipulation and treatment of the soft tissues of the body, by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion and nonspecific stretching. Massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat or cabinet baths, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical and mental condition. Massage therapy does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, or any service or procedure for which a license to practice medicine, chiropractic, naturopathy, physical therapy or podiatry is required by law.
- Any individual and, unless the context clearly requires otherwise, any corporation, partnership, association, joint-stock company, or combination of individuals of whatever form or character.
This article shall not apply to any school, hospital, nursing home, sanitarium, clinic, rehabilitation facility, nonprofit agency, or barber school, operating in accordance with the laws of the State; nor to any person holding a valid certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry, or to engage in the occupation of barber, hairdresser or cosmetician under the laws of the state; provided that the activities of such person are confined to those for which the certificate or license is granted; nor shall this article apply to any person lawfully acting under their supervision or control.
For massage therapy. Any person who is employed as a massage therapist in the Town of Manchester as of the effective date of this article shall comply with this article.
For massage therapy establishments. The provisions of this article shall apply immediately to any massage therapy establishment opened on or after the effective date of this article. All massage therapy establishments existing at the effective date shall comply with all provisions of this article within six months from the effective date; however, at all times any person engaging in the practice of massage therapy shall have a massage license.
Permit required. No person shall engage in, conduct or carry on, or permit to be conducted or carried on in or upon any premises in the Town, the operation of a massage therapy establishment without first having obtained a permit to operate a massage therapy establishment from the Director of Health.
Application. All applications for a permit to operate a massage therapy establishment shall be in writing, signed and sworn to by the applicant, and shall include:
The name and address of each applicant.
That the applicant is at least 18 years of age.
The proposed place of business and facilities therein.
The applicant's current Connecticut driver's license or other acceptable photo identification.
Photocopies of valid massage therapy licenses from the State of Connecticut Department of Public Health and current Connecticut driver's license or other acceptable photo identification of all persons providing massage therapy at the establishment.
Such other information as may be necessary in order for the Director of Health to make any determination required by this article.
Fee. Each application shall be accompanied by a fee of $100.
The Director of Health shall issue a permit to operate a massage therapy establishment upon finding:
All requirements concerning the operation and facilities described in this article will be complied with as of the effective date of the permit.
Compliance with all other statutes, codes or ordinances, including health, zoning, building, fire and safety requirements of the state or the Town, as of the effective date of the permit.
A permit to operate a massage therapy establishment shall be valid for one year from the date of issuance unless revoked or suspended.
No person shall engage in the practice of massage therapy without first having obtained a massage therapy license from the State of Connecticut Department of Health, including any person engaging in or carrying on massage therapy at a location designated by the customer or patron rather than at a massage therapy establishment.
Each application for renewal of a permit shall be accompanied by a fee of $35 and submitted annually prior to the date of expiration.
The Director of Health shall renew a permit to operate a massage therapy establishment upon finding that all requirements concerning the operation and facilities described in this article are complied with.
If renewal of any permit is denied, the Director of Health shall notify the holder of the permit, in writing, no later than 14 days after application for the permit, of the facts and of the specific section or sections of this article upon which the Director's determination was made.
No permit issued pursuant to this article shall be transferable.
No permit to operate a massage therapy establishment shall be granted until the Director of Health has determined that the establishment complies with each of the following minimum requirements:
All massage therapy must be carried out in clearly designated rooms within the massage therapy establishment. Such rooms shall provide privacy to the client.
Adequate toilet and handwashing facilities for clients and employees shall be provided.
Toilet and handwashing facilities shall be in good working condition at all times and shall be kept clean and sanitary.
If used, tubs, steam baths and showers shall be in good working condition at all times and shall be clean and sanitary.
Sinks with hot and cold running water and soap, or an approved hand sanitizer shall be provided in each designated massage therapy room.
Every portion of the massage therapy establishment shall be clean, in good repair and operated in a sanitary condition.
All massage therapy establishments shall be provided with clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use and stored in an approved sanitary manner; provided, however, that appropriate single-service disposal items may be utilized in lieu of sheets and towels. No sheet or towel shall be used by more than one person without being laundered.
If used, bathtubs shall be thoroughly cleaned after each use.
All facilities, equipment and materials utilized by practitioners of massage shall be safe and sanitary and maintained and operated so as to preclude any danger or hazard to the client or the massage therapist.
The permit to operate a massage therapy establishment shall be displayed within the establishment, and a copy of each valid massage therapy license from the State of Connecticut Department of Public Health shall be maintained and/or displayed in accordance with the requirements of state law.
No smoking shall be permitted in any massage room or in any part of the massage therapy establishment.
Each massage therapist shall wash his or her hands with soap, or an approved hand sanitizer, before rendering massage therapy to a client.
All apparatus or appliances or objects used in massage therapy shall be cleaned and disinfected before and after each use.
All disinfectants and cleansing agents used to maintain the premises and equipment shall be completely separated from any substance that is to be applied to the skin.
Each establishment shall have, and each massage therapist shall be knowledgeable of, written procedures to cover:
Such procedures may be subject to the review and approval of the Director of Health.
Each massage therapy establishment shall comply with all applicable federal, state and local laws, codes, regulations and guidelines, including, but not limited to, the State of Connecticut Public Health Code, the Town of Manchester Zoning Regulations and the Town of Manchester Downtown Architectural Design Guidelines.
It shall be unlawful for any:
Person in a massage therapy establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female, with the exception of a licensed massage therapist who has advanced, specialized training to perform massages on the breasts, with the informed written consent of the client.
Person in a massage therapy establishment to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person in a massage establishment to expose the sexual or genital parts, or any portions thereof, of any other person.
Person, while in the presence of any other person in a massage therapy establishment, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body.
Enforcement responsibility. The Director of Health shall be responsible for enforcing the provisions of this article and carrying out its intent.
Rules and regulations. The Director of Health is hereby authorized to make, adopt, revise and amend procedural notes and regulations as are deemed necessary to administer the purposes of this article and to interpret and implement the provisions of the chapter.
Inspections. The Director of Health shall, at least annually and at such other times as the Director of Health may deem necessary in his or her sole discretion, make an inspection of each massage therapy establishment for the purpose of determining that the provisions of this article are complied with. Such inspections shall be made at a reasonable time and in a reasonable manner. No permit holder shall fail to allow access to the premises for an inspection or hinder such inspection in any manner.
Notice of violation.
Whenever the Director of Health determines that any establishment fails to meet the requirements set forth in this article, he or she may issue a written notice of violation to the applicant setting forth the alleged failures and date for correction.
At the end of the period of time allowed for the correction of any violation, the Director of Health shall reinspect the establishment to determine if the violation has been corrected.
If, upon reinspection, the violations are determined not to have been corrected, immediate action shall be taken to correct the violations, including, but not limited to, revoking the permit.
Revocation or suspension of permit.
The Director of Health may revoke or suspend any permit to operate a massage therapy establishment if he or she finds that:
The Director of Health shall not revoke or suspend any permit issued under this article without notifying the applicant, in writing, of the facts and of the specific section or sections of this article upon which his or her determination was made and of the applicant's right to request a hearing before the Director of Health and to present evidence or argument on all facts or issues involved.
Hearings on denial of permit or denial of renewal.
Any person aggrieved by the denial of a permit to operate a massage therapy establishment or by the denial of renewal of such permit may request a hearing before the Director of Health. The request for a hearing must be made in writing and within seven calendar days of the receipt of the notice to deny or revoke the permit.
A request for a hearing shall stay any revocation, suspension or denial of a renewal until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Director of Health finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in the notice, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined.
The Director of Health shall, upon receiving a request for a hearing under Subsection F(1), schedule a hearing not later than 15 working days from the date of actual receipt of the request and shall notify all parties of the time and place thereof.
The person shall be afforded the opportunity to present evidence and argument on all facts or issues involved relating to the denial or revocation of the permit to operate.
The Director of Health shall render a written decision within 10 working days of the date of the hearing held under this section.
Cease-and-desist order. Notwithstanding any of the provisions contained herein, the Director of Health may issue a cease-and-desist order to abate any violation of this article and may apply to the Superior Court to enforce such an order.
If any terms, phrases, sentence, paragraph, section or article of this article shall be declared invalid for any reason, such decision shall not affect the remaining parts of this chapter, and such parts shall continue in full force and effect and are hereby declared to be severable.