[HISTORY: Adopted by the Town Council of the Town of Stratford 7-13-1992. Amendments
noted where applicable.]
GENERAL REFERENCES
Health regulations — See Ch. 120.
For purposes of interpretation and enforcement, and unless the
context requires otherwise, words and terms used in this chapter shall
have the meanings ascribed to them as follows:
The Director of Health of the Town or his/her lawful designee.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the human body with the hands and/or with
the aid of any object or mechanical or electrical apparatus or appliance,
with or without any supplementary aids such as rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments or other similar
preparations commonly used in this practice. For purposes of this
definition, the use of any aids or processes used or offered as supplementary
or incidental to the above, including heat lamps, hot and cold packs,
tubs, showers, cabinet baths or steam and dry heat baths, shall be
considered as part of the "massage."
Any establishment, by whatever name called, where any person
engages in or carries on or permits to be engaged in or carried on
any of the activities of massage, as defined in this section of this
chapter.
Any person who, for any consideration, engages in the practice
of massage.
Any business, the function of which is to engage in or carry
on massages at a location designated by the customer or patron rather
than at a massage establishment as defined in this section.
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.
Every person, except persons who are specifically exempted by
this chapter, whether acting as individual, owner, employee of the
owner, operator or employee of the 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
or who shall violate any of the provisions of this chapter shall be
subject to a fine not to exceed $100 per offense, and a separate offense
shall be deemed committed on each day during or on which a violation
continues or occurs.
The Chief of Police or his designate or the Director of 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.
This chapter shall not apply to any school, hospital, nursing
home or sanitarium operating in accordance with the laws of the State
of Connecticut, 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 a barber, hairdresser, massage therapist
or cosmetician under the laws of the State of Connecticut, provided
that the activities of such person are confined to those for which
the certificate or license is granted, nor shall this chapter apply
to any person lawfully acting under their supervision or control,
nor shall it prohibit the furnishing of assistance in the case of
emergency.
A.
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 establishment without first having
obtained a permit to operate a massage establishment from the Chief
of Police, after approval of the Director of Health.
B.
Application. All applications for a permit to operate a massage establishment
shall be in writing, signed and sworn to by the applicant, and shall
set forth:
(1)
The name and address of each applicant.
(2)
That the applicant is at least 18 years of age.
(3)
The proposed place of business and facilities therein.
(4)
The exact nature of the massage to be administered.
(5)
Such other information as may be necessary in order for the Chief
of Police to make any determination required by this chapter.
(6)
Two portrait photographs of the applicant at least two by two inches,
and a complete set of the applicant's fingerprints, which shall
be taken by the Chief of Police or his authorized representative.
C.
Fee. Each application shall be accompanied by a fee of $250, which
shall not be refundable, to defray the cost of administration.
D.
Issuance. The Chief of Police shall issue a permit, after approval
of the Director of Health, to operate a massage establishment upon
finding:
(1)
All requirements concerning operation and facilities described in
this chapter will be complied with as of the effective date of the
permit.
(2)
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.
(3)
That the nature of the massage administered will not endanger the
health or safety of patrons of the massage establishment.
(4)
Convictions; suspension or revocation.
(a)
That the applicant or any person directly engaged in the operation
or management of the massage establishment has not been convicted
of a felony, an offense involving the unauthorized practice of the
healing arts, sexual misconduct with minors, obscenity, keeping or
residing in a house of ill fame, solicitation of a lewd or unlawful
act, prostitution or pandering and has not had a permit to operate
a massage establishment or a massagist permit suspended or revoked
in this or any other state; or
(b)
That such conviction, suspension or revocation occurred at least
three years prior to the date of the application.
A.
Permit required. No person shall engage in the practice of massage
without first having obtained a massagist permit from the Chief of
Police, after approval of the Director of Health.
B.
Application. All applications for a massagist permit shall be in
writing, signed and sworn to by the applicant, and shall set forth:
(1)
The name and address of the applicant.
(2)
That the applicant is at least 18 years of age.
(3)
Such other information as may be necessary in order for the Director
of Health to make any determination required by this chapter.
(4)
Two portrait photographs of the applicant at least two by two inches,
and a complete set of the applicant's fingerprints, which shall
be taken by the Chief of Police or his authorized representative.
C.
Identification. Each applicant shall provide sufficient identification
to establish that the applicant is in fact the person applying for
the permit.
D.
Physician's certificate. Each applicant shall present a certificate
from a physician licensed to practice in the state, stating that the
applicant has been examined and found to be free of contagious or
communicable disease and showing that the examination was conducted
within 30 days prior to the submission of the application.
E.
Fee. Each application shall be accompanied by a fee of $125, which
shall not be refundable, to defray the cost of administration.
F.
Issuance. The Chief of Police shall issue a massagist permit upon
finding:
(1)
Training; experience.
(a)
That the applicant has successfully completed a course of study
at a school or institution of learning which has for its purpose the
teaching of the theory, practice, method, profession or work of massage,
including anatomy, physiology, hygiene and professional ethics, and
which is recognized or approved by the Department of Education, Commission
on Higher Education or Department of Health of the State of Connecticut
or by the American Massage and Therapy Association;
(b)
That the applicant has successfully completed a course of study as described in Subsection F(1)(a) at a school or institution which requires a course of study of not less than 500 hours, to be given in no 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; or
(c)
That the applicant, through past experience and training, possesses
a sufficient knowledge of the theory, practice, method, profession
or work of massage and of anatomy, physiology, hygiene and professional
ethics such that the granting of a permit to the applicant would not
impair the public health, safety or welfare.
(2)
Convictions; suspension or revocation.
(a)
That the applicant has not been convicted of a felony, an offense
involving the unauthorized practice of the healing arts, sexual misconduct
with minors, obscenity, keeping or residing in a house of ill fame,
solicitation of a lewd or unlawful act, prostitution or pandering
and has not had a permit to operate a massage establishment or a massagist
permit suspended or revoked in this or any other state; or
(b)
That such conviction, suspension or revocation occurred at least
three years prior to the date of the application.
A.
A permit to operate a massage establishment and a massagist permit
shall be valid, unless revoked or suspended, for one year from the
date of issuance.
B.
Application for renewal shall be made at least 60 days before expiration
and shall be in the form and manner as required for application for
the original permit.
C.
Each application for renewal of a permit shall be accompanied by
a fee in the amount as provided for the original permit.
D.
The Chief of Police shall renew each permit no later than 30 days
before expiration upon making such findings as are required for issuance
of the original permit.
E.
If renewal of any permit is denied, the Chief of Police shall notify
the holder of the permit in writing, not later than 30 days before
the expiration of the permit, of the facts and of the specific section
or sections of this chapter upon which his/her determination was made.
A.
The Chief of Police may revoke or suspend any permit to operate a
massage establishment if he/she finds that:
(1)
The applicant for the permit has knowingly or negligently made any
false or misleading statement in applying for the permit; or
(2)
Any of the provisions of this chapter are violated; or
(3)
The holder of the permit has refused to permit the Director of Health
or any other duly authorized officer to make a reasonable inspection
of the premises or the operation therein, or unduly hinders such inspection;
or
B.
C.
Notification; hearing.
(1)
The Chief of Police shall not revoke or suspend any permit issued
under this chapter without notifying the holder of the permit, in
writing, of the facts and of the specific section or sections of this
chapter upon which his/her determination was made and of the holder's
right to request a hearing before the Chief and to present evidence
or argument on all facts or issues involved.
(2)
A request for a hearing under Subsection C(1) shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Chief of Police or 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.
No permit issued pursuant to this chapter shall be transferable.
No permit to operate a massage establishment shall be granted
until the Director of Health has established, following inspection,
that the establishment complies with each of the following minimum
requirements:
A.
Construction of rooms used for toilets, tubs, steam baths and showers
shall be waterproofed with approved waterproof materials.
B.
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.
C.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
A.
Every portion of the massage establishments, including appliances
and apparatus, shall be clean and in good repair and operated in a
sanitary condition.
B.
All employees, including massagists, shall be clean and wear clean,
nontransparent outer garments, covering the sexual and genital areas.
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.
C.
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;
provided, however, that appropriate single-service disposal items
may be utilized in lieu of sheets and towels.
D.
Pads used on massage tables shall be covered in workmanlike manner
with durable, washable plastic or other acceptable waterproof material.
E.
Wet and dry heat rooms, shower compartments and toilet rooms shall
be thoroughly cleaned each day the business is in operation and bathtubs
shall be thoroughly cleaned after each use.
F.
All equipment and materials utilized by practitioners of massage
shall be in safe and sanitary order and so maintained and operated
as to preclude any danger or hazard to patron or practitioner.
G.
No massagist affected by any contagious or communicable disease shall
practice massage, and each massagist shall, from time to time, as
the Director of Health may reasonably require, present a certificate
as provided for herein.
H.
Massagists shall not diagnose or treat classified diseases or practice
spinal or other joint manipulation or prescribe medicine or drugs.
I.
No massage establishment shall be operated and no massage administered
in violation of or in such a manner as to promote or encourage violation
of any statute or ordinance.
J.
Each permit to operate a massage establishment and each permit of
a massagist employed therein shall be conspicuously displayed within
the establishment.
K.
No massage establishment granted a license under the provisions of
this chapter shall place, publish or distribute or cause to be placed,
published or distributed any advertisement, picture or statement which
is known or through the exercise of reasonable care should be known
to be false, deceptive or misleading in order to induce any person
to purchase or utilize any professional massage services.
L.
No person shall permit any person under the age of 18 years to enter
or remain on the premises of any massage business establishment, as
massagist, employee or patron, unless such person is on the premises
on lawful business.
M.
No person shall sell, give, dispense, provide or keep, or cause to
be sold, given, dispensed, provided or kept, any alcoholic beverage
on the premises of any massage business.
N.
Every person who engages in or conducts a massage establishment shall
keep a daily register, approved as to form by the Director of Health,
of all patrons, with names, addresses and hours of arrival. 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 Director of Health and the Chief of Police, or their authorized
representatives, shall, from time to time, and no less than twice
a year, make an inspection of each massage establishment for the purpose
of determining that the provisions of this chapter 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 purpose of inspection or hinder such inspection in any manner.
It shall be unlawful for any:
A.
Person in a massage 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, buttocks,
anus or perineum of any person, or the vulva or breasts of a female.
B.
Person in a massage 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.
C.
Person, while in the presence of any other person in a massage establishment,
to fail to conceal with a fully opaque covering the sexual or genital
parts of his or her body.
E.
Massagist under this chapter to administer massage on an outcall
basis as defined herein. Such person shall administer massage solely
within an establishment licensed to carry on such business under this
chapter. Any violation of these provisions shall be deemed grounds
for revocation of the permit granted hereunder.
