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:
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 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."
MASSAGE ESTABLISHMENT
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.
MASSAGIST
Any person who, for any consideration, engages in the practice
of massage.
OUTCALL MASSAGE SERVICE
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.
PERSON
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.
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.
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.
D. Person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee or any other person under his control or supervision to perform such acts prohibited in Subsection
A,
B or
C of this section.
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.