No person, firm, or corporation shall operate as a massage therapist until such person, firm, or corporation first obtains a license for such purpose from the City Clerk. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this chapter and is adequate grounds for the denial, revocation, or suspension of a massage therapist license.
[Amended 2-5-2008; 5-15-2018 by Order No. 18-116-01]
License applications under this chapter shall be processed according to the procedures established in this chapter and Chapter 149, Licensing. A license may be issued to a massage therapist after the annual fee required has been paid through the City Clerk's office. The fee for a massage therapist license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for massage therapist.
A license application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include, in addition to any other required information established under Chapter 149, Licensing:
A.
A copy of the applicant's State Massage Therapist License certificate;
B.
Attested copies of the articles of incorporation and bylaws, if the applicant is a firm or corporation, evidence of partnership if a partnership, or articles of association and bylaws, if the applicant is an association, as well as a list of all officers and directors;
C.
An affidavit which will identify all owners, officers, managers or partners of the applicant and their places of residence at the time of the application and for the immediately preceding three years;
D.
Two front-face photographs of the applicant taken within 30 days of application, of such size as the City Clerk may specify;
E.
The release authorized by 16 M.R.S.A. § 620(6), Criminal History Record Information Act, with the application of each applicant and for each officer, owner, manager or partner of an applicant seeking a massage therapist license.
No applicant for a massage therapist license, nor any owner, officer, manager or partner of an applicant shall have been convicted of a crime now classified as a Class A, B or C crime, or a crime involving moral turpitude, nor of violating any of the gambling, drug or prohibitive liquor laws of either the United States or the State of Maine or any other state within the five years immediately preceding the date of application.
In addition to any other requirements of Chapter 149, Licensing, upon receipt of an application or notice of a change of the owners, officers, managers or partners of the applicant:
A.
The Code Enforcement Officer may verify that the premises at which the establishment will be located complies with all applicable ordinances of the City, including but not limited to the Building Code, Electrical Code, Plumbing Code and Zoning, of the Code, and shall report his findings in writing to the City Clerk;
B.
The City Clerk shall review the application and other documents and determine whether such documents comply with all of the requirements of this chapter, Code, and State law;
C.
If requested by the Code Enforcement Officer, the Health Officer shall inspect the location or proposed location to determine whether the applicable codes relating to health and safety have been satisfied and shall report his findings in writing to the City Clerk;
D.
The Fire Chief or his designee may verify that the premises at which the establishment will be located complies with all applicable fire and safety codes; and
No person shall make use of, in any manner, to his own or another's benefit, any license which has not been duly issued to him in accordance with this chapter.
A license under this chapter shall be denied for the following reasons:
A.
To a firm or corporation not registered to do business in this State;
B.
To a person, firm, or corporation if any principal officer thereof or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction within the immediately preceding five years; or
C.
To an applicant who is not at least 18 years of age.
B.
Therapeutic massage establishment license or combined establishment/therapist license. In addition to the provisions of Subsection A, a license may be suspended or revoked upon a determination that the licensee:
(1)
Permitted any person to perform therapeutic massage without a valid license to do so;
(2)
Permitted or allowed an employee or massage therapist to violate any provision to this chapter on the premises of the establishment or in the course of conduct of the business of the establishment; or
(3)
Knowingly permitted any violation of 17-A M.R.S.A. §§ 851 and 855.