ARTICLE VI. - BODY WORKS SERVICES
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 10-155. - License required.#
(a)
Body works personnel license. All personnel must obtain a body works personnel license issued by the town council before performing or offering to perform any body works services for hire, compensation, or reward, before being compensated for any services or work in any establishment, and before conducting any type of business for reward, hire, or compensation within any establishment.
(b)
Body works establishment license. All persons, firms, corporations, or other entities who own, operate, conduct, or manage a location used to provide body works services or that hold themselves out as being engaged in the practice of body works services at any location in the town must obtain a body works establishment license for that location from the town council before offering, engaging in, providing, or allowing body works services for hire, reward, or compensation at that location.
(Code 1970, § 10-163; Ord. No. 2015-8, 8-11-2015)
Sec. 10-156. - License fee required; nontransferability of license.#
(a)
Fees for body works personnel and establishment licenses shall be as established from time to time by the town council. Neither type of license is transferable.
(b)
Every licensee shall notify the town council within ten days after any change of home or business address or name. Any new license or amendment to an existing license required because of name change or address shall be issued upon payment of the fee designated by the town council.
(Code 1970, § 10-165; Ord. No. 2015-8, 8-11-2015)
Sec. 10-157. - Expiration date of license.#
Body works personnel licenses and body works establishment licenses shall automatically, on the annual anniversary date of the issuance of the license and thereafter, be renewed annually upon payment of the required fee. Applications for renewal must be submitted at least 30 days prior to the expiration date.
(Code 1970, § 10-166; Ord. No. 2015-8, 8-11-2015)
Sec. 10-158. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any person who applies for a license as required by this article. In the event the applicant is a nonnatural person (e.g., a corporation), the term "applicant" shall also include a natural person legally authorized to act on behalf of the applicant and the person submitting the application to the town council pursuant to this article.
Approved means approved by the town council in accordance with accepted standards.
Body rubs and body stimulations mean the manipulation or conditioning of part of the body by any means not regulated by G.L. 1956, ch. 23-20.8, Licensing of Massage Therapists.
Body works and body works services encompass body rubs, body stimulations, spa services, and spa treatments.
Body works establishment license and establishment license mean the license required by section 10-155(b).
Body works personnel license and personnel license mean the license required by section 10-155(a).
Establishment means the office, place of business, premises, or location where body works are offered or provided for hire, reward, or compensation.
Inspector means, but is not limited to, the police chief, the building official and/or the fire marshal and his designees.
Personnel means any person who performs body works services for hire, compensation, or reward or any person who is employed by or otherwise compensated by any establishment as defined herein or any person who is permitted by an establishment to conduct any type of business for reward, hire, or compensation within said establishment.
Spa services andspa treatments mean any service or treatment not regulated by G.L. 1956, ch. 23-20.8 provided to treat the skin or body for remedial, hygienic, relaxation, or other purposes, including, but not limited to, vapor, pools, baths, saunas, dry saunas, towel treatments, showers, body scrubs, and body showers.
Specified anatomical areas means human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola.
Supervisor means the person designated by an establishment to ensure compliance with this article.
(Code 1970, § 10-167; Ord. No. 2015-8, 8-11-2015)
Sec. 10-159. - Exceptions and exclusions.#
(a)
Persons excepted. Physicians, nurses, physical therapists, school athletic trainers, chiropodists, chiropractors, massage therapists, barbers, hairdressers, manicurists, and estheticians duly licensed by the state are exempt from the license requirements of section 10-155(a).
(b)
Establishment exceptions. Hospitals, nursing and convalescent homes, and other similar licensed institutions where massages and baths may be given are exempt from the license requirements of section 10-155(b). Also, any facility conducting services of a hospital, nursing and convalescent home, or other similar institutions as determined by the town council, but which due to some limiting factor is not subject to licensing, shall be similarly exempt from the license requirements of section 10-155.
(Code 1970, § 10-168; Ord. No. 2015-8, 8-11-2015)
Sec. 10-160. - Display of licenses.#
(a)
Body works personnel license. Every licensee shall carry his original personnel license at all times when on the premises of an establishment during the hours of operation. Additionally, every licensee shall display his original personnel license in a conspicuous manner whenever practicing or providing body works for hire, reward, or compensation.
(b)
Body works establishment license. The body works establishment license shall be conspicuously displayed in a public area of the body works establishment at all times.
(Code 1970, § 10-169; Ord. No. 2015-8, 8-11-2015)
Sec. 10-161. - Advertisement.#
(a)
No person, firm, partnership or corporation shall advertise any body works services unless such services are to be performed by licensed body works personnel and said advertisement includes the body works personnel license number of the person offering to provide the body works services.
(b)
No person, firm, partnership or corporation shall advertise any body works establishment unless the advertisement includes the body works establishment license number.
(c)
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
(Code 1970, § 10-170; Ord. No. 2015-8, 8-11-2015)
Sec. 10-162. - Required records.#
Each body works establishment shall maintain records on the premises of all personnel. Said records shall be subject to inspection upon request by any inspector or his designee. The records shall include the following: (1)
Each employee's full legal name, date of birth, home address, and telephone number, employment position, date first employed, and, if applicable, date terminated.
(2)
Each employee's body works personnel license number and the expiration date of said license.
(3)
All current personnel records and records of all personnel associated with the establishment for the previous one year.
(Code 1970, § 10-171; Ord. No. 2015-8, 8-11-2015)
Sec. 10-163. - Supervisor.#
Each body works establishment shall designate at least one supervisor who is responsible for the body works establishment's compliance with this chapter. Said supervisor shall agree to be on the premises of any body works establishment whenever the establishment is open to the public and shall agree to be responsible for cooperating with inspections or investigations conducted by the inspectors authorized to inspect the establishment pursuant to this chapter or any other applicable section or chapter of this Code or the Rhode Island General Laws. Upon the request of any authorized inspector, the supervisor shall immediately provide personnel records that are required by this article to be maintained on the premises.
(Code 1970, § 10-172; Ord. No. 2015-8, 8-11-2015)
Sec. 10-164. - Requirements for body works personnel licensure.#
Before performing or offering to perform body works services for hire, compensation, or reward or conducting any type of business for hire, compensation, or reward within any establishment, all personnel shall submit an application to the town council that includes the following information: (1)
The full legal name and any other names used by the applicant.
(2)
The current residential address and telephone number of the applicant, and the two previous residential addresses and business addresses, if any.
(3)
The applicant's height, weight, eye color, and hair color.
(4)
Written proof to the satisfaction of the town council that the applicant is at least 18 years of age.
(5)
The applicant's business, occupation, or employment history for the five years immediately preceding the date of the application.
(6)
The body works personnel or similar license history of the applicant, including whether such person, in previously operating in this town or another municipality, county or state under a license or permit, has had such license or permit revoked or suspended and the reasons and dates for any revocation or suspension.
(7)
All criminal convictions, except minor traffic violations.
(8)
The name of the establishment at which the applicant plans to be employed or whether the applicant intends to provide body works services off-site. If the applicant intends to work at multiple businesses, he shall designate a primary address for receiving all correspondence related to his permit renewal.
(9)
Such other identification and information as may be required by the town council to verify the truth of the matters specified in this section, or any additional information required to show that the applicant has met the minimum qualifications to be licensed pursuant to this article.
(10)
An application is deemed complete and validly filed when the town council has received all information required by this Code, the results of the Department of Justice criminal background check, and any fees associated with the application.
(11)
One portrait photograph of the applicant, at least two inches by two inches in size, and a complete set of the applicant's fingerprints, which shall be taken by the chief of police or his designee. If the applicant is a corporation, one portrait photograph, at least two inches by two inches in size, of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints, which shall be taken by the chief of police or his agent. If the applicant is a partnership, one front face portrait photograph, at least two inches by two inches in size, of each partner, including a limited partner in said partnership, and a complete set of each partner's or limited partner's fingerprints, which shall be taken by the chief of police or his agents.
(Code 1970, § 10-173; Ord. No. 2015-8, 8-11-2015)
Sec. 10-165. - Requirements for body works establishment licensure.#
Before conducting any type of business for reward, hire, or compensation within any establishment, all persons, firms, corporations, or other entities who own, operate, or conduct said establishment shall first submit applications to the town council that include the following information: (1)
The full legal name and any other names used by the applicant. If the applicant is:
a.
An individual: the individual shall state his full legal name;
b.
A partnership: the name of the partnership shall be set forth exactly as shown in its partnership agreement, and the information required by this section shall be furnished for the responsible person;
c.
A corporation: the name of the corporation and name and address of its registered agent shall be set forth exactly as shown in its articles of incorporation, and the information required by this section shall be furnished for the responsible person.
(2)
The current residential address and telephone number of the applicant, and the two previous residential addresses and business addresses, if any.
(3)
Written proof to the satisfaction of the town council that the applicant is at least 18 years of age.
(4)
The applicant's occupation or employment history for the five years immediately preceding the date of the application.
(5)
If the applicant intends to practice body works at the proposed establishment, a copy of his body works personnel license.
(6)
The body works establishment or similar business license history of the applicant, including whether such person, in previously operating in this town or another municipality, county or state under a license or permit, has had such license or permit revoked or suspended, and the reasons and dates for any such revocation or suspension.
(7)
All criminal convictions, except minor traffic violations.
(8)
A statement of how many personnel the applicant intends to employ at the establishment.
(9)
The full name, address, and telephone number of every employee who will be associated with the proposed establishment and a copy of every proposed employee's body works personnel license.
(10)
The full name, address, and telephone number of each employee who will be designated as the supervisor for the proposed establishment and a copy of each proposed supervisor's body works personnel license.
(11)
A statement as to whether the applicant intends to provide body works services off-site.
(12)
Information demonstrating that the proposed establishment is consistent with the applicable land use designation and town's zoning code.
(13)
Written proof that the proposed establishment is compliant with all applicable health, safety, building, fire safety, and sanitary standards under this Code and the Rhode Island General Laws.
(14)
Where a building permit is necessary as a prerequisite to occupancy of a building, the body works establishment license application is not complete and validly filed until proof of submittal of the building permit application is provided.
(15)
Such other identification and information as may be required by the town council to verify the truth of the matters specified in this section or any additional information required to show that the applicant has met the minimum qualifications to be licensed pursuant to this article.
(16)
An application is deemed complete and validly filed when the town council has received all information required by this chapter, the results of the Department of Justice criminal background check, and any fees associated with the application.
(Code 1970, § 10-174; Ord. No. 2015-8, 8-11-2015)
Sec. 10-166. - Employee and independent contractor restrictions.#
It is a violation of this article for any person, partnership, corporation, establishment, owner, or other entity to: (1)
Employ any person not holding a personnel license for the purpose of providing body works services;
(2)
Employ any person not holding a personnel license to work in an establishment in any capacity; or
(3)
Allow any person not holding a personnel license to provide or offer to provide body works services or otherwise conduct business in the establishment.
(Code 1970, § 10-175; Ord. No. 2015-8, 8-11-2015)
Sec. 10-167. - Sanitation and decency code.#
(a)
Garments. All personnel who are engaged in the practice of body works shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet. All personnel must be fully covered from a point not more than four inches above the center of the kneecap to the base of the neck, excluding the arms. Such garments shall not be transparent and must be maintained in a clean and sanitary condition.
(b)
Unlawful touching. It is unlawful for any personnel to directly or indirectly touch or offer to touch a customer's specified anatomical areas.
(c)
Customer covering. All customer's specified anatomical areas must be fully draped at all times while any personnel is in the same cubicle or room.
(d)
Use of instruments. No instruments or devices designed or used for direct application to the skin shall be applied directly to the skin unless sterilized. The part of the body being treated shall be covered with a clean towel or else the instrument shall be covered in a similar manner.
(e)
Cleaning of hands. All personnel shall thoroughly cleanse their hands by washing with soap and hot water immediately before providing body works services.
(f)
Working hours. No establishment shall offer or provide body works services between the hours of 10:00 p.m. and 8:00 a.m.
(g)
Designation of name. No licensed person shall operate under any name or conduct his business under any designation not specified in his license.
(h)
Violation. It is a violation of this article for any person, partnership, corporation, establishment, owner, or any other entity to conduct, cause to be conducted, or allow to be conducted any activity prohibited by G.L. 1956, ch. 11-1 et seq. in any establishment.
(i)
Change of address. Every licensee shall notify the town council not longer than ten days after any change of address, home or business, or name. Any new license or amendment to an existing license required because of the foregoing shall be issued with a set fee in the amount as shall from time to time be set by resolution of the town council.
(j)
Inspections. Town inspectors may at any time, with or without prior notice, inspect an establishment and investigate the manner of the operation of the establishment to ensure that it is operating in compliance with this article.
(k)
Devices. Devices which can be utilized as an early warning system to alert personnel, supervisors, owners, or any other persons to the presence of law enforcement or local authorities on the premises are prohibited in establishments. Such prohibited devices include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms.
(l)
Invalidation. If any section, paragraph, sentence, clause or phrase of these rules and regulations shall be decided invalid for any reason whatsoever, such decisions shall not affect the remaining portions of these regulations which shall remain in full force and effect, and to this end, the provisions of these regulations are hereby declared severable.
(m)
Minors on premises. No person shall permit any person under the age of 18 years to come or remain on the premises of any establishment as an employee or patron.
(n)
Alcoholic beverages. No person shall sell, give, dispense, provide, keep or cause to be sold, given, dispensed, or provided any alcoholic beverage on the premises of the establishment.
(Code 1970, § 10-176; Ord. No. 2015-8, 8-11-2015)
Sec. 10-168. - Facilities.#
Every establishment shall meet the following standards: (1)
It shall be connected to the public sewerage system or an approved private sanitary sewage system in the event public sewerage is not available.
(2)
It shall be well lighted, well ventilated and properly heated when seasonally indicated.
(3)
No room used by personnel or an establishment to provide body works may be used as a residence or sleeping quarters.
(4)
There shall be an adequate supply of hot and cold running water at all times.
(5)
There shall be approved toilet and washing facilities within the premises, readily available to the patrons and affording sufficient privacy.
(6)
Adequate dressing rooms, toilets and washing facilities shall be provided.
(7)
All rooms and furniture and equipment therein shall be kept clean at all times.
(8)
There shall be installed a heat and smoke detecting system approved by the town fire marshal.
(9)
There shall be adequate facilities for cleaning and sterilizing to prevent infectious organisms.
(10)
All rooms shall be arranged so as to afford adequate fire protection and shall have satisfactory means of egress in case of fire as approved by the building official and fire marshal.
(11)
All equipment, instruments, devices, robes, sheets, blankets, pillowcases, wearing apparel, towels and other materials which may come in direct contact with the body shall be properly cleaned and sterilized.
(Code 1970, § 10-177; Ord. No. 2015-8, 8-11-2015)
Sec. 10-169. - Enforcement.#
(a)
Revocation of license. Every license issued under the provisions of this article shall be subject to suspension or revocation by the town council for the breach by the holder thereof of any provision of this article, any rules and regulations pertaining thereto which have been established by the town council, or for any violation of any other provision of this Code, of the Rhode Island General Laws, or of any other applicable municipal, state, or federal rule or regulation. Revocation shall be in addition to any other penalty which may be imposed as a result of a violation.
(b)
Separate offense for each day. Any person, firm, corporation, or other entity who violates any provision of this article shall be guilty of a separate offense for each and every day during any portion of which any such entity commits, continues, permits, or causes a violation thereof.
(c)
Public nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions in this article shall be and is hereby declared a public nuisance and shall, at the discretion of the town council, be a cause of action pursuant to G.L. 1956, § 10-1-1 et seq.
(d)
Criminal penalties. In addition to any applicable provision of this article or of the Rhode Island General Laws, any violation of this article may be prosecuted as a misdemeanor and is punishable as follows:
(1)
Upon a first conviction, by a fine not exceeding $100.00;
(2)
Upon the second conviction within one year of a prior conviction, by a fine not exceeding $200.00 and by imprisonment not exceeding 30 consecutive days; and
(3)
Upon any subsequent conviction within one year of two prior convictions, by a fine not exceeding $500.00 and by imprisonment not exceeding one year.
(e)
Civil injunction. The violation of any provision of this article shall be and is hereby declared to be contrary to the public interest, and shall, at the discretion of the town council, create cause for injunctive relief.
(Code 1970, § 10-178; Ord. No. 2015-8, 8-11-2015)