[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:
DIRECTOR OF HEALTH
The Director of Health of the Town or his/her lawful designee.
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.
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
(4) 
The holder of the permit has been convicted of any criminal offense specified in § 135-5D(4) of this chapter.
B. 
The Chief of Police may revoke or suspend any massagist permit 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;
(2) 
The holder of the permit has violated any of the provisions of this chapter; or
(3) 
The holder of the permit has been convicted of any criminal offense specified in § 135-6F(2) of this chapter.
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 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.
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.