For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section.
HEALTH CLUBS
Any establishment which offers service in the form of massage, baths,
exercises or similar services in combination to club members of the establishment
or to the public at large for a charge. A charge shall include any fee or
sum which may be charged either for the services to be performed or for membership
in or entry into the establishment. The term "health club" does not include
hospitals, nursing homes, medical clinics or the offices of a physician, surgeon,
osteopathic physician or chiropractor. The term "health club" does not include
an exercise club exclusively for clientele of one sex alone where the services
do not include any form of massage, bodywork or somatic therapy and are performed
by persons of the same sex as the members or clientele. Furthermore, the term
does not include barber shops or beauty parlors.
MASSAGE, BODYWORK and SOMATIC THERAPY
Systems of activity of structured touch that include, but are not
limited to, holding, applying pressure, positioning and mobilizing soft tissue
of the body by manual techniques or use of visual, kinesthetic, auditory or
palpating skills to access the therapeutic massage, bodywork or somatic principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold external
applications, external application of herbal or topical preparations not classified
as prescription drugs, explaining and describing myofascial movement, self
care and stress management as it relates to massage, bodywork and somatic
therapies. Massage shall also include any activity wherein there is the application
of oil rubs or powder along with pressure on any portion of the body of the
patron. For purpose of this chapter, the term "massage" shall be literally
construed to effectuate its purpose and intent.
MASSAGE PRACTITIONER
A person who practices any one or more of the activities described
above, including any person formerly referred to as a "masseur" or "masseuse."
PATRON
Any person who receives a massage under such circumstances that it
is reasonably expected that he or she will pay money or give other consideration
therefore.
PERSON
Any individual, partnership, copartnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form or character.
It is hereby declared that the business of operating health clubs as defined in this chapter and the business of providing any of the services referred to in §
262-1, are determined to be activities affecting the public health, safety and general welfare.
It shall be unlawful for any person, either individually or through
any type of business entity, to engage in the business of a health club without
first obtaining and thereafter maintaining the permit required pursuant to
this chapter. It shall be unlawful for any person, including an owner or manager
of a health club, to render any services in the form of massage, bodywork
or somatic therapy without first obtaining and thereafter maintaining the
permit required herein for a massage practitioner. It shall further be unlawful
for any person to violate any provision of this chapter.
Each permit issued pursuant to this chapter, whether a health club permit
or a massage practitioner permit, shall be valid for a period of one year
from the date of issuance. No rights are afforded any applicant for any period
after the expiration date of any permit issued hereunder. In order to prevent
any interruption in continued services for a permittee, it shall be the responsibility
of such permittee to renew his/her application prior to the expiration date
of the existing permit. Each applicant is reminded that the Ridgefield Board
of Health will not send reminder notices to permittees and will not be responsible
for any interruption of services occasioned by a late filing for renewal.
The renewal process for any permit issued under this chapter shall be the
filing of a new application in its entirety, including fingerprinting and
payment of all applicable fees described herein. All provisions of this chapter
shall apply to renewals in the same manner as they apply to applications for
and granting of initial permits.
The following conditions shall be applicable to all permits pursuant
to this chapter:
A. Display. A health club permit issued hereunder must be
prominently displayed at all times within the reception area of the establishment,
readily visible to persons entering the establishment. All massage practitioner
permits issued hereunder shall similarly be so displayed. It shall be unlawful
and a violation of this chapter for any person to purport to hold a valid
permit when he/she does not, in fact, hold the same. It shall likewise be
an automatic cause for revocation of any permit issued hereunder should it
not be displayed as required.
B. Sanitation and hygiene.
(1) All equipment, shower stalls, toilets, lavatories, tables
and floors except in the reception or administration area shall be regularly
treated with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
(2) No health club shall knowingly serve any patron infected
with any fungus or any skin infections, nor shall service be performed on
any patron exhibiting skin inflammation or eruptions, provided that a duly
licensed physician may certify that a person may be safely served prescribing
the conditions thereof. No service shall be performed on a patron exhibiting
such conditions until such written certification is provided.
(3) All personnel shall wash their hands in hot running water
using a proper soap or disinfectant before giving any service or treatment
to each separate patron.
(4) All towels and tissues and all sheets or other coverings
shall be used singularly for each patron and discarded for laundry or disposal
immediately after use.
(5) Nondisposable tools of the trade shall be disinfected
after use upon one patron.
(6) No services shall be performed for purposes of sexual
stimulation or gratification.
(7) The health club is subject to unannounced Department
of Health and Police Department visits to insure protection of the citizens.
The Health Officer (or his designee) or Police Chief (or his designee) seeking
access for purposes of inspection shall, upon presentation of credentials,
be given immediate access to the establishment.
C. Miscellaneous.
(1) A health club shall not be confined with any other type
business, and no entertainment of any type shall be permitted.
(2) All massage practitioners rendering services shall be
fully attired in appropriate and clean uniforms displaying their name and
reflecting that he/she is a licensed massage practitioner.
If an applicant for a health club permit or a massage practitioner permit
receives a notice of disapproval, such applicant shall be entitled to appeal
such determination.
A. The initial appeal, which must be filed in writing within
10 days of the issuance of the notice of disapproval, shall be to the Health
Officer (or his designee). The Health Officer (or his designee) shall hold
an informal hearing with the applicant within 15 days of this filing of the
appeal. The applicant may, at such hearing, be present with or without counsel
and may submit such additional information or documentation in support of
the appeal. The applicant may present such witnesses as the applicant deems
advisable. Upon conclusion of the informal hearing, the Health Officer shall
either affirm said notice of disapproval or reverse his determination and
issue a notice of approval. The form of appeal application shall be substantially
as set forth in Schedule C which is hereby reflected in this chapter.
B. In the event of affirmance of the notice of disapproval
by the Health Officer, the applicant shall have the right to appeal such determination
to the Ridgefield Board of Health by filing a written notice of appeal within
30 days of the issuance of the affirmance of the notice of disapproval. Such
notice shall be filed within said time with the Ridgefield Board of Health,
with a copy to the Chief of Police. Such notice of appeal to the Ridgefield
Board of Health shall be on the form provided with the application setting
forth the basis and grounds for the appeal. A hearing shall be scheduled before
the Ridgefield Board of Health within 30 days of receipt by the Health Officer
of the notice of appeal. At the hearing the applicant may be present with
or without counsel and may submit such documentation or testimony as the applicant
desires. All testimony at such hearing shall be under oath. The strict rules
of evidence shall be applicable, but the Board of Health may reject any document
or testimony which it determines unreliable. The applicant may, at the applicant's
own cost and expense, have a certified shorthand reporter present to record
the proceedings, provided that if such a reporter is present a copy of the
transcript shall be supplied to the Ridgefield Board of Health without charge.
The Ridgefield Board of Health may call such witnesses or produce such documentation
as it deems necessary to make a determination on the appeal. The decision
on the appeal shall be made within 10 days of the conclusion of same, and
a formal resolution on the decision shall be adopted at the next scheduled
meeting of the Ridgefield Board of Health. An appeal to the Ridgefield Board
of Health shall constitute the applicant's consent and authorization
to release to the Ridgefield Board of Health all information obtained by the
Police Department, documentary or otherwise, relating to the criminal and
background check of the applicant. An applicant, by filing such an appeal,
waives any right to assert any claim of privilege or confidentiality with
respect to such information and documentation.