[HISTORY: Adopted by the City Council of the City of Saco 5-1-1995 as Ch. V, Sec. 5-23, of the 1994 Code. Amendments noted where applicable.]
The purpose of this chapter is to regulate the operation of massage establishments and massage therapists in order to promote the public health, safety and general welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- Any method of rubbing, kneading, tapping, vibration, compression, percussion, application of friction or manipulation of the external parts of the human body with the hands or other parts of the body or with the aid of any instrument or device.
- MASSAGE ESTABLISHMENT
- Any business, including but not limited to a sole proprietorship, in which the business operation consists of providing or making available massage in the City for any consideration or gratuity or with the expectation of any consideration or gratuity, whether or not the business has a fixed place of business within the City limits.
- MASSAGE THERAPIST
- Any person who performs massage for any consideration or gratuity or with expectation of receiving any consideration or gratuity.
- Any person who receives a massage in return for the payment of any consideration or gratuity or with the expectation of paying any consideration or gratuity.
- Any natural person, partnership, corporation or other entity.
- RECOGNIZED SCHOOL
- Any school or institution of learning which has as a course of study the teaching of the theory, method, profession or practice of massage and which is recognized or certified by the State of Maine or any other state. "Recognized school" shall not include institutions offering only correspondence courses not requiring actual attendance of classes.
The following persons shall be exempt from the operation of this chapter if duly licensed by the State of Maine: physicians, physician's assistants, surgeons, osteopaths, nurses, chiropractors, physical therapists, barbers, cosmetologists, beauticians and other health and hygiene professionals.
Each licensed massage establishment shall be kept at all times in a clean and sanitary condition. All instruments, supplies and devices of any kind or parts thereof that come into contact with the human body shall be kept clean by a recognized and approved method of sterilization.
No licensed massage establishment shall allow and no licensed massage therapist shall perform any of the following activities:
Administration of a massage to any patron whose genitals are exposed;
Administration of or an agreement to administer a massage to the genitals or anus of a patron; or
Administration of or an agreement to administer a massage unless the massage therapist is dressed in nontransparent clothing which fully covers the massage therapist's chest, buttocks and genitals.
Each massage establishment shall keep a written record of all massage therapists operating under the massage establishment's license. Such records shall, at a minimum, consist of the name and address of such massage therapist and a copy of the license issued to such massage therapist under this chapter.
License required. No person shall operate a massage establishment and no massage therapist shall perform a massage without a valid license issued pursuant to this section. A separate license shall be required for each massage establishment. Licenses issued hereunder shall be granted by the City Council upon application, as hereinafter provided.
Types of licenses.
Massage establishment license. Each massage establishment shall obtain a license.
Massage therapist license. Each massage therapist shall obtain a license. A massage therapist may only perform massages in a licensed massage establishment or with a combined massage establishment/massage therapist license.
Combined massage establishment/massage therapist license. A sole practitioner who has no licensed massage therapists other than himself or herself performing massages under his or her massage establishment license may apply for a combined massage establishment/massage therapist license.
Display of licenses. A valid massage establishment license or combined massage establishment/therapist license shall be conspicuously displayed at all times on the premises of the establishment for which it was issued. Each massage therapist shall have available for immediate production and inspection, upon request, a valid massage therapist license.
Application for license. Each applicant for a license under this section shall submit a written application therefor on a form to be provided by the City Clerk, with the fee herein established.
Denial of license. An application for a license under this chapter shall be denied to the following:
A massage establishment if the owner, any officer, director, shareholder or manager has or has had, within the five years prior to the date of application, a criminal conviction for any violation of the Maine Revised Statutes Annotated, Title 17-A, Chapter 35.
A massage therapist:
If the applicant has or has had, within the five years prior to the date of the application, a criminal conviction for any violation of the Maine Revised Statutes Annotated, Title 17-A, Chapter 35;
If the applicant is less than 18 years of age; or
If the applicant fails to demonstrate basic proficiency as hereinafter provided.
Revocation. A license issued hereunder may be revoked, after notice and opportunity for hearing, for the following reasons:
Violation of any provision of this chapter.
Any false statement on any license application made under this chapter.
Any reason which would constitute grounds for denial of a license under this chapter.
With respect to any massage establishment, allowing any unlicensed massage therapist to perform massages.
Each applicant for a massage therapist license or combined massage establishment/massage therapist license shall show proof of basic proficiency in the field of massage therapy, which may be satisfied by:
Evidence of a diploma or certification of completion of a course in massage therapy issued by a recognized school;
Evidence of successful completion of a certifying examination given by another municipality or state;
Evidence of successful completion of a certifying examination given by the American Massage Therapy Association or the Maine Massage Guild;
Evidence of satisfaction of such licensing, registration or certification requirements as may hereafter be enacted by the State of Maine; or
Evidence of continuous practice as a massage therapist for at least one year, accompanied by the written recommendation of at least five health care professionals holding a valid license or certification within the State of Maine, including but not limited to physicians, surgeons, nurses, physical therapists, massage therapists, psychiatrists, psychologists and counseling professionals.
The violation of any provision of this chapter shall subject the violator to a civil forfeiture in an amount not less than $500 nor more than $1,500. A second or subsequent violation shall be punished by a civil forfeiture of not less than $1,000 nor more than $5,000.
In addition, any massage establishment not licensed as herein provided after the effective date of this chapter is declared to be nuisance.