[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 5-19-1975
by Ord. No. 54-75. Amendments noted where applicable.]
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 respectfully ascribed to them by this section:
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.
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.
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."
Any person who, for any consideration whatsoever, engages in the
practice of massage as herein defined.
Any individual, copartnership, firm, association, joint-stock company,
corporation or combinations of individuals of whatever form or character.
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.
[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.
[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]
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.
[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]
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.
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.
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:
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]
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:
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.
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.
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.
[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.
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.
[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.
[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.
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.
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.
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.
[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.
[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.
