Town of Rocky Hill, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 5-19-1975 by Ord. No. 54-75. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment businesses — See Ch. 71.
Fees — See Ch. A249.

§ 172-1 Policy.

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.

§ 172-2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this section:
EMPLOYEE
Any and all persons, other than the masseurs or masseuses, who render any service to the permittee and who have no physical contact with customers and clients.
MASSAGE
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 mechanical or electrical 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 having a fixed business where any person, firm, association or corporation engages in or carried on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage."
MASSEUR and MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
PERSON
Any individual, copartnership, firm, association, joint-stock company, corporation or combinations of individuals of whatever form or character.
RECOGNIZED SCHOOL
Any school or institution of learning which has for its purpose the teaching of the theory, the method, profession or work of massage, which school requires a resident 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 of learning 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.

§ 172-3 Massage establishment permit required.

[Amended 1-6-1992 by Ord. No. 171-92]
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 Rocky Hill 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 Health or his designee.

§ 172-4 Massage establishment filing fee.

[Amended 1-6-1992 by Ord. No. 171-92]
Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Police Chief or his designee and pay a filing fee as provided by resolution adopted by the Town Council, which fee shall not be refundable.[1]
[1]
Editor's Note: See Ch. A249, Fees.

§ 172-5 Massage establishment permit application information.

A. 
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 facilities therein, and the name and address of each applicant.
B. 
In addition to the foregoing, any applicant for a permit shall furnish the following information:
(1) 
Written proof that the applicant is at least 18 years of age.
(2) 
Two portrait photographs of at least two by two inches by two inches and fingerprints.
(3) 
Business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
(4) 
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.
(5) 
Any criminal convictions, except minor traffic violations.

§ 172-6 Masseur or masseuse permits required.

[Amended 1-6-1992 by Ord. No. 171-92]
Any person, including an applicant for a massage establishment permit, who engages in the practice of massages as herein defined shall file an application for a masseur or masseuse permit with the Police Chief or his designee upon a form provided by said Police Chief and shall pay a filing fee as provided by resolution adopted by the Town Council, which fee shall not be refundable.[1]
[1]
Editor's Note: See Ch. A249, Fees.

§ 172-7 Masseur or masseuse permit application information.

A. 
The application for a masseur or masseuse permit shall contain the following:
(1) 
The applicant's name and resident's address.
(2) 
The applicant's social security number.
(3) 
The applicant's weight, height, color of hair and eyes, and fingerprints.
(4) 
Written evidence that the applicant is at least 18 years of age.
(5) 
Business occupation or employment of the applicant for three years immediately preceding the date of application.
(6) 
Whether such person has ever been convicted of any crime except minor traffic violations. If any person mentioned in this subsection has been so convicted, statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
(7) 
The name and address of the recognized school attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing that the applicant has successfully completed not fewer than 70 hours of instruction.
B. 
Any masseur or masseuse so employed is required to present a certificate from a physician licensed to practice in the State of Connecticut stating that the applicant has been examined and found to be free of any contagious or communicable disease and showing that the examination was conducted within 30 days prior to the submission of the application.

§ 172-8 Public hearing.

When the application is filed for a massage establishment permit under this chapter, the Police Chief 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 10 days before the date of such hearing, the Police Chief or his designee has 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 notices posted for the required number of days.

§ 172-9 Issuance of massage establishment permit.

A. 
The Police Chief 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 that:
(1) 
The operation as proposed by the applicant, if permitted, would not have complied within all the applicable laws, including but not limited to the building, health, zoning and fire codes of the Town of Rocky Hill.
(2) 
The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
(a) 
A felony.
(b) 
An offense involving sexual misconduct with children.
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
B. 
The Police Chief or his designee in his discretion may issue a permit to any person convicted of any of the crimes in Subsection A(2)(a), (b) and (c) if he finds that such conviction occurred at least three years prior to the date of the application and the applicant has no subsequent convictions.
C. 
Each such establishment shall conform to all rules and regulations contained herein and the Public Health Code as well as to such terms and conditions as the State Commissioner of Public Health and/or the local Director of Health or his designee finds necessary and proper.
[Amended 1-6-1992 by Ord. No. 171-92]

§ 172-10 Issuance of masseur and masseuse permits.

A. 
The Police Chief or his designee may issue a masseur or masseuse permit within 21 days following application, unless he finds that the applicant for the masseur or masseuse permit has been convicted of:
(1) 
A felony.
(2) 
An offense involving sexual misconduct with children.
(3) 
Obscenity, keeping or residing in a home of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
B. 
The Police Chief or his designee in his discretion may issue a permit to any person convicted of such crimes if he finds that such conviction occurred at least three years prior to the date of application and the applicant has no subsequent convictions.

§ 172-11 Revocation of massage establishment permit.

A. 
Any permit issued for a massage establishment may be revoked or suspended by the Police Chief or his designee, after a public hearing before the Police Chief 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 § 172-10A(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 health inspector of the Town of Rocky Hill to inspect the premises or the operation therein at reasonable times.
B. 
The Police Chief 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 Police Chief 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.

§ 172-12 Revocation of masseur or masseuse permit.

A. 
A masseur or masseuse permit issued by the Police Chief or his designee shall be revoked or suspended after a public hearing before the Police Chief or his designee where it appears that the masseur or masseuse has been convicted of any offense enumerated in § 172-10A(1), (2) or (3).
B. 
The Police Chief or his designee before revoking or suspending any masseur or masseuse permit shall give the masseur or masseuse at least 10 days' written notice of the examination into his conviction record and the opportunity for a public hearing before the Police Chief or his designee, at which hearing the Police Chief or his designee shall determine the relevant facts regarding the occurrence of the conviction.

§ 172-13 Compliance with minimum requirements.

[Amended 1-6-1992 by Ord. No. 171-92]
A. 
No permit to conduct the massage establishment shall be issued unless an inspection by the Director of Health or his authorized representative reveals that the establishment complies with each of the following minimum requirements:
(1) 
Construction of rooms used for toilets, tubs, steam baths and showers shall be waterproofed with approved waterproof materials.
(2) 
Toilet facilities shall be provided in convenient locations. Where 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.
(3) 
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.
B. 
The Director of Health or his designee shall certify that the proposed massage establishment complies with all the requirements of this section of this chapter and shall give or send such certification to the Police Chief or his designee.

§ 172-14 Operating requirements.

A. 
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
[Amended 1-6-1992 by Ord. No. 171-92]
B. 
All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment.
C. 
All employees, masseurs and masseuses must be modestly attired. Employees' clothing shall be neat and clean at all times and be similar to clothing worn by personnel in the health and medical fields.
D. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved sanitary manner.
E. 
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day business is in operation. Bathtubs shall be thoroughly cleaned after each use.
F. 
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 § 172-2 of this chapter or that employees, masseurs or masseuses are dressed in any manner other than described in Subsections B and C of this section. Nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 172-2, definition of "massage."
G. 
Services enumerated in § 172-2, definition of "massage," of this chapter must be carried on in one cubicle, room, booth or area which has transparent doors or walls so that all activity within a cubicle, room, booth or area is visible from outside the same.
H. 
A massage establishment shall not carry on or engage in conduct 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. prevailing time.
I. 
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.

§ 172-15 Inspections.

[Amended 1-6-1992 by Ord. No. 171-92]
The Director of Health or his designee shall from time to time at least twice a year make an inspection of each massage establishment in the Town of Rocky Hill for the purposes of determining that the provisions of this chapter are being met. 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.

§ 172-16 Transfer of massage establishment permit.

[Amended 1-6-1992 by Ord. No. 171-92]
No permit shall be transferable except with the written consent of the Police Chief or his designee and the approval of the Director of Health or his designee; 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.

§ 172-17 Applicability to existing businesses; substitution of experience for diploma.

A. 
Holders of any outstanding massage establishment permits heretofore issued under any provision of law are required to comply with all provisions of this chapter.
B. 
Applicants for a masseur or masseuse permit may substitute one year's continuous experience as a masseur or masseuse in lieu of a requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who has firsthand knowledge of his or her continuous year of experience.

§ 172-18 Time limit for filing permit application.

All persons who possess any outstanding permit heretofore issued as either the operator of a massage establishment or as a masseur or masseuse must file for a new permit within six months of the effective date of this chapter.

§ 172-19 Exceptions.

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.

§ 172-20 Rules and regulations.

[Amended 1-6-1992 by Ord. No. 171-92]
The Police Chief or his designee or the Director of Health or his designee 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.

§ 172-21 Penalties for offenses.

[Amended 1-6-1992 by Ord. No. 171-92]
Every person, except persons who are specifically exempt by this chapter, whether acting as 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 Rocky Hill or shall violate any of the provisions of this chapter shall be punished by a fine of $25 per day, each day's continued violation constituting a separate offense.