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BOROUGH OF NAUGATUCK

BE IT ORDAINED, by the Board of Mayor and Burgesses, in a meeting duly assembled on April 7, 2026 that the following ordinance is adopted, hereby creating a new Article VI – Massage Therapy Establishments §§ 12-106 – 12-119 in Chapter 12 of the Code of Ordinances of the Borough of Naugatuck, Connecticut:

ORDINANCE # 139

Chapter 12, Licenses, Permits and Miscellaneous Business Regulations, Article VI – Massage Therapy Establishments, Sections 12-106 – 12-119 of the Code of Ordinances of the Borough of Naugatuck, Connecticut is hereby to read as follows:

Section 12-106. Purpose and legislative findings.

The Connecticut General Assembly has enacted legislation confirming that the practice of massage therapy is an activity affecting the public interest and involving the health, safety, and welfare of the public, and that the practice of massage therapy by a person which is not licensed under Chapter 384a of the Connecticut General Statutes (§ 20-206a et seq.) is harmful to the public health, safety, and welfare. Furthermore, the borough finds that, for many massage establishments, the business in fact is sexual conduct or the facilitation of sexual conduct, rather than lawful massage therapy. Such establishments offer massage services as a subterfuge for prostitution, masturbation for hire, and other paid sexual contact, which are harmful to the public health, safety, and welfare. There is difficulty and expense in conclusively distinguishing between such establishments and legitimate massage establishments, but one rational distinction is whether the establishment has a relationship with a corporate or franchising hierarchy, which would tend to safeguard against unlawful sexual activities on the massage establishment premises. It is a purpose of this Article to impose licensing requirements to help prevent illegal massage, prostitution, and related sex crimes, yet without hindering legitimate massage establishments operating under a business structure with external oversight that serves that purpose. C.G.S. § 19a-343(c)(14)(C) acknowledges the right of municipalities to regulate massage businesses or parlors that employ persons not licensed by the state or which significantly impact the safety of the surrounding area. An additional purpose of this Article, therefore, is to regulate the operation of massage establishments as an exercise of the borough’s police power, in order to protect the health, safety and general welfare of the citizens of the borough.

Section 12-107. Definitions.

The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different meaning. If there are terms not defined in this Ordinance, the terms established in the Naugatuck Valley Health District Body Care Code (Effective 7/1/20), as revised and adopted, will apply. In any case where a provision of this Ordinance, or the Naugatuck Valley Health District Body Care Code, is found to be in conflict with a regulation of the State Department of Public Health or any other state law or regulation, on the effective date of this Ordinance, the provision which established the higher standard for the promotion and protection of the health and safety of the people shall prevail.

Applicant means any person, firm, corporation, or other legal entity applying for a license to operate a massage establishment, as defined herein.

Chief of Police means the Chief of the Police Department of the Borough of Naugatuck or his or her designee.

            Borough means the Borough of Naugatuck, Connecticut.

Director of Health means the Director of Health of the Borough of Naugatuck or his or her designee.

Naugatuck Valley Health District means the official local public health entity for the borough as defined by C.G.S Chapter 368f.

Employee means any person who performs any service on the premises of a massage
therapy establishment, on a full time, part time, or contract basis, regardless of whether the
person is denominated an employee, independent contractor, agent, apprentice, trainee, or
otherwise. Employee does not include a person on the premises exclusively for repair or
maintenance of the premises or for the delivery of goods to the premises.

Massage therapist means a person who has been licensed to practice massage therapy under the provisions of sections 20-206a to 20-206f, inclusive of the Connecticut General Statutes.

Owner means a person who owns a Massage Business and is responsible for upholding the regulations of this chapter in all areas of the establishment, including rented and leased work areas and workstations. Any member or manager of the Establishment may be considered an Owner.

Operator means a person who owns, leases, or manages a Massage Business or any licensed person performing barbering, hairdressing, cosmetology or manicuring. Any member or manager of the Establishment may be considered an Operator.

Person means an individual, firm, partnership, company, corporation, trustee, association or any public or private entity.

Massage therapy means the systematic and scientific manipulation and treatment of the soft tissues of the body, by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion and nonspecific stretching. Massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat, or cabinet baths, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical and mental condition.

Massage therapy does not encompass (1) diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, (2) any service or procedure for which a license to practice medicine, chiropractic, naturopathy, physical therapy, or podiatry is required by law, or (3) Thai yoga practiced by a person who is registered as a yoga teacher with the Yoga Alliance Registry and has completed two hundred hours of training in Thai yoga.

Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric or
electronic device or instrument or any device or instrument operated manually, mechanically, hydraulic, hydrokinetic or electric power for the purpose of administering a massage.

Massage Establishment means the premise licensed by the Naugatuck Valley Health District that is used and approved to give massage.

Working Area means a separate room with more than one workstation, or a private room set aside to serve one customer at a time.

Workstation means a chair, countertop, and floor space set aside for the purpose of serving a customer, including floor space for the operator to stand while serving the customer.

Premises means the real property, or portion thereof, upon which the massage establishment is located including, but not limited to, the establishment and the grounds, private walkways, and parking lots and/or parking garages under the ownership or control of the establishment.

Temporary Permit means a permit issued and approved by Naugatuck Valley Health District to conduct a public demonstration, a fund-raising event, or a public convention for a period not to exceed fourteen (14) days.

Specified Criminal Activity means any of the following specified crimes:

1. illegal gambling;
2. prostitution, keeping a place of prostitution, pimping, pandering, pandering by compulsion, masturbation for hire, sodomy, aggravated sodomy, rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, public indecency, or disorderly conduct on or about the premises;
   (c)  disseminating or displaying matter harmful to a minor, use of a child in a sexual performance, or commercial sex abuse of a minor;
   (d) any offense related to any massage therapy establishment, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, crimes involving trafficking in persons or sex trafficking, or crimes involving obscenity;
   (e)  any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
   (f)  any offense in another jurisdiction that, had the predicate act(s) been committed in Connecticut, would have constituted any of the foregoing offenses.

Section 12-108. Scope of regulations.

1. All licenses issued under this Article shall constitute a mere privilege to operate the establishment specified in the license during the term of the license only and shall be subject to all terms and conditions imposed by the borough and state.

(b)       This Article shall not be enforced against:

(1) Any natural person who is a physician, chiropractor, physical therapist, massage therapist, or similar professional licensed and regulated by or through the state while engaged in the practice of the profession for which the person is licensed by the state.

(2) Any other individual or entity expressly exempted from local legislation by the laws of the state.

(c)        All massage therapy establishments shall comply with this article upon its effective date.

            Section 12-109. Massage therapy establishment license required; application.

1. Massage therapy establishment license required; application. Except as otherwise provided in this Article, it shall be unlawful for any person or legal entity to operate a massage therapy establishment in the borough without a valid massage therapy establishment license.
2. Application. Concurrent to plan review submissions and permit applications as required by the Director of Health of Naugatuck Valley Health District, no later than sixty (60) days after the effective date of this Article, any applicant who operates or proposes to operate a massage therapy establishment in the borough shall file an application in person at the Naugatuck Police Department, on a form to be furnished by the police chief. The application must be executed by the person primarily responsible for the operation of the establishment. If the applicant is a partnership, limited liability company, corporation, or other legal entity, the application must also be executed by an officer, member, partner or shareholder, as applicable. Signatures on the application shall be notarized. An application shall be considered complete when it contains the following information and/or items required in this Subdivision (b) of Section 16-228, accompanied by the regulatory fee:
   1. The applicant’s full legal name and any other names used by the applicant in the preceding five (5) years.
   2. A signed and sworn affidavit verifying the lawful presence in this country of each person that executes the application on behalf of the applicant.
   3. Current actual business address and residential mailing address for the physical location of the establishment (excluding P.O. boxes).
   4. The business name, location, legal description, mailing address and phone number of the establishment.
   5. If the applicant is a sole proprietor, written proof of age, in the form of a driver’s license or a picture identification document containing the applicant’s date of birth issued by an agency of a state or of the federal government.
   6. If the applicant is not a sole proprietor, then the partnership, limited liability company, corporation, or other legal entity shall submit a complete list of the legal entity’s:
      1. a. Officers; b. Directors; c. Partners, members, or shareholders (natural persons) holding a ten percent or greater ownership interest in a publicly traded legal entity, or if there is no shareholder (natural person) with at least ten percent interest, the ten shareholders with the greatest ownership interest; for non-publicly traded entities, all ownership interests must be disclosed; d. Employee(s) or agent(s) primarily responsible for operation and/or management of the massage therapy establishment; and e. Written proof of age, in the form of a driver’s license or a picture identification document containing the applicant’s date of birth, issued by an agency of a state or of the federal government for each person listed in subparts a. through d. above.
   7. A statement of whether the applicant or any person listed in response to subparagraph (b)(6) has been an owner, director, officer, partner, member, or shareholder of a massage therapy establishment that has, in the previous five (5) years (and at a time during which the person was so related to the establishment): a. been declared by a court of law to be a nuisance; or b. had its license to operate a massage therapy establishment revoked or suspended.
   8. A statement of whether the applicant or any person listed in response to Subparagraph (b)(6) has within the previous five (5) years been convicted of or 6 pleaded guilty or entered a plea of nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each such conviction or plea.
   9. A statement of whether the applicant or a person listed in response to Subparagraph (b)(6) has in the previous twelve (12) months resided with someone who has been an owner, director, officer, partner, member, or shareholder of a massage therapy establishment that has, in the previous five (5) years (and at a time during which the person was so related to the establishment): a. been declared by a court of law to be a nuisance; or b. had its license to operate a massage therapy establishment revoked or suspended.
   10. If the applicant is a partnership, limited liability company, corporation or other legal entity required to be incorporated under the laws of the state or authorized by the secretary of state to do business in the state, such entity must be incorporated under the laws of the state or authorized by the secretary of state to do business in the state and must submit copies of the certificate of incorporation, as applicable, or articles of organization, as applicable.
   11. In the case of an applicant covered by subsection (10) above, a sworn and notarized statement of a registered agent who is a resident of New Haven County, Connecticut and at least 18 years of age, required to be designated by a licensee to receive any process, notice or demand required or permitted by law or under this article to be served upon the applicant.
   12. A statement whether the applicant is the owner of the premises wherein the establishment will be operated or the holder of a lease thereon for the period to be covered by the license. If the applicant is a lease holder, a copy of the lease, as well as the written consent of the owner or its authorized agent, shall be submitted with the license application.
   13. A $15,000 surety bond, issued by a company approved to issue surety bonds by the Connecticut Insurance Commissioner, and in a form acceptable to the borough attorney, payable to the borough upon the entry of an injunction by a Connecticut Superior Court against operation of the applicant’s massage therapy establishment after denial or revocation of a license pursuant to Section 16-233 below.
   14. For every person on the premises who offers, or intends to offer, massage therapy services for which a license under C.G.S. § 20-206a et seq. is required, a copy of the state license for each such person as well as a color photograph, no smaller than 2 inches by 2 inches, showing the face, neck, and shoulders of each such person. In addition, for each such employee, the application shall provide all 7-information required by Subparagraphs (b)(1), (2), (4 (residential address only)), (5), (6)(e), (7) (8), and (9) above.
   15. A sworn statement by each person who executes the application on behalf of the applicant that (a) he or she has read and is familiar with the provisions of this Article, (b) copies of this Article have been provided and will be provided to all persons who are or will be operating and/or managing the establishment, (c) such persons have been instructed and will be instructed that they will be responsible for ensuring compliance with all applicable provisions herein, and (d) the licensee shall undertake an ongoing and robust managerial program aimed at the prevention of specified criminal activities at the establishment.
   16. Written statements of consent signed by the applicant and all employees providing massage therapy at the establishment authorizing the Police Department or a contracted service provider to conduct criminal background checks of such persons and authorizing the Police Department to take fingerprints of any or all such persons. The applicant shall pay the borough for the costs of such fingerprinting at the time of the fingerprinting.
   17. The information provided pursuant to this Subparagraph (b) shall be supplemented in writing by certified mail, return receipt requested, to the Chief of Police within fifteen (15) days of a change of circumstances which would render the information originally submitted false or incomplete.
3. Confidentiality of Information. The information provided by an applicant in connection with an application for a license under this Article shall be maintained on a confidential basis, and such information may be disclosed to the public only to the extent required under governing law. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to any required disclosure under the Connecticut Freedom of Information Act or other applicable law.
4. Issuance of license. Upon the filing of a massage therapy establishment license application, the Naugatuck Police Department shall conduct a prompt criminal background investigation of the applicant and its employees, and upon contingent approval, be forwarded to the Zoning Enforcement Officer and Building Official for their reviews and reports on the establishment’s compliance with the laws and

   regulations within these officials’ respective jurisdictions. Such officials shall report to the Chief of Police within thirty (30) days of their receipt of the application. Failure by such officials to report back to the Chief of Police shall not be a basis for approval of the application. Within sixty (60) days of the filing of the application, the Chief of Police shall either issue a license to the applicant or issue a written notice of intent to deny the license to the applicant pursuant to Section 16-233. The applicant shall be deemed qualified for a license, and the Chief of Police shall issue the license, unless:

   1. The applicant or a person listed in response to subsection (b)(6) is less than eighteen (18) years of age.
   2. The applicant has failed to provide information required by this article for issuance of a license or has falsely answered a question or request for information on the application form.
   3. The applicant is neither the owner of the premises wherein the establishment will be operated, nor the holder of a lease thereon for the period to be covered by the license.
   4. The fee required by Section 16-229. has not been paid.
   5. The establishment is not in compliance with any of the requirements of this Article.
   6. The borough has revoked a massage therapy establishment license at the premises within the previous two (2) years.
   7. The applicant or a person listed in response to Subparagraph (b)(6) has been an owner, director, officer, partner, member, or shareholder of a massage therapy

      establishment that has, in the previous five (5) years (and at a time which the person was so related to the establishment): a. been declared by a court of law to be a nuisance; or b. had its license to operate a massage therapy establishment revoked or suspended.

   8. The applicant or a person listed in response to Subparagraph (b)(6) has within the previous five (5) years been convicted of, or pleaded guilty or entered a plea of nolo contendere to, a specified criminal activity that constitutes a felony, or has within the previous two (2) years been convicted of, or found guilty or entered a plea of nolo contendere to, a specified criminal activity that constitutes a misdemeanor.
   9. The establishment does not comply with all applicable zoning, building, health, and life safety laws and regulations, or the premises to be occupied does not have a valid, current certificate of occupancy. The requirement to comply with zoning is excused for an establishment that, on the effective date of this article, qualifies as a valid prior nonconforming use under the Borough’s Zoning Regulations.
   10. The applicant or a person listed in response to Subparagraph (b)(6) has in the previous twelve (12) months resided with someone who has been an owner, director, officer, partner, member, or shareholder of a massage therapy establishment that has, in the previous five (5) years (and at a time during which the person was so related to the establishment): a. been declared by a court of law to be a nuisance; or  b. had its license to operate a massage therapy establishment revoked or suspended.
   11. The applicant is a partnership, limited liability company, corporation or other legal entity that is required to be organized under the law of the state or authorized by the secretary of state to do business in the state but is not so organized or authorized.
   12. The establishment does not comply with any of the following requirements: (i) Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproofed with approved waterproofing materials; (ii) Toilet facilities shall be provided in convenient locations. When the establishment can accommodate five or more employees and patrons of different genders on the premises at the same time, separate toilet facilities shall be provided for each gender. An additional toilet facility per gender shall be provided for establishments that can accommodate 20 or more employees or patrons on the premises at any one time. Toilet facilities shall be designated by gender. (iii) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet facility or a vestibule to it. Toilet facilities and wash basins shall be provided with soap in dispensers and with sanitary towels.
5. Posting of License. A license, if issued, shall be issued in the name of the applicant. The license shall be posted in a conspicuous place, in addition to the Naugatuck Valley Health District License, at or near the entrance to the establishment so that it may be read at any time when the establishment is occupied by patrons or is open to the public.
6. Posting of State Massage Therapy Licenses. Massage therapy establishments shall post each massage therapist license issued by the State to persons who perform massage therapy at the establishment in a conspicuous place at or near the entrance to the establishment so that it may be read at any time when the establishment is open to the public.

Section 12-110. Regulatory fee; expiration; no transfer.

1. Fees. There shall be an annual regulatory fee consisting of a nonrefundable investigative fee and a license fee, for each massage therapy establishment licensed within the borough. The investigative and license fees shall be set by resolution of the borough and shall remain in effect until modified or amended by subsequent resolution adopted by the borough. The full regulatory fee shall be paid with the license application. If the applicant withdraws the application or the license is denied, the applicant shall be refunded the license fee. No refund shall be allowed once the license has been issued. This fee shall remain separate from the Naugatuck Valley Health District fees schedule set annually by the Naugatuck Valley Health District Board of Directors.
2. Term; expiration. All licenses granted hereunder shall be valid for one year from the date of issuance. Each subsequent application shall be treated as an initial application and the applicant shall be required to comply with all requirements of this article (including any amendments) for the granting of licenses as if no previous license had been held. Existing massage therapy establishments shall file applications within ninety (90) days from the effective date of this article to the Naugatuck Police Department. Applications filed later than that date, and subsequent applications filed later than sixty (60) days before expiration of the then current license, shall be subject to a late fee of ten percent of the regulatory fee.
3. No Transfer or Assignment. No license issued pursuant to this Article shall be assignable or transferable.

Section 12-111. General operating provisions.

1. Massage therapy establishments shall keep on file, on the premises of the establishment, a list of all persons who perform any service on the premises of the establishment, their home addresses and home or mobile telephone numbers, their duties and services performed for the massage establishment, and whether such person has a massage therapy license issued by the State. The holder of a massage therapy establishment license also shall keep on file, on the premises of the establishment, copies of the establishment’s two most recent license applications.
2. Massage therapy establishments shall maintain correct and accurate records of each instance that a service is provided, the type of service provided, and the name of the person in the establishment who provided the service. The records shall be subject to inspection by the Naugatuck Valley Director of Health and/or the Chief of Police, during those times when the establishment is open to the public.
3. No massage therapy establishment shall allow any person required to have any state mandated licenses to perform any massage therapy service on the premises until such person has procured such license. Licensees and all managers and/or supervisors of any massage therapy shall and verify that each person who performs services on the premises

   who is required to have a valid state license has the required license on the establishment premises at all times. No person on the premises engaging in massage for which a state license is required shall refuse to provide a copy of the person’s state massage therapy license upon request by any customer or to any borough official referred in Subparagraph (b) above. At least one person licensed by the State to perform massage therapy shall be employed and present at each massage therapy establishment to render massage therapy services to patrons during business hours.

4. Each massage therapy establishment shall have an owner, manager or supervisor on the premises at all hours that the establishment is occupied by patrons or is open to the public. If during an inspection there is no owner, manager or supervisor on the premises,  the establishment shall cease operations and close until an owner, manager or supervisor is on the premises.
5. Records required to be maintained under this article shall be kept for a minimum of two years. Records shall be made available to the Director of Health and/or Chief of Police upon request during business hours, at the establishment’s business location.
6. All employees and other persons on the premises, with the exception of customers receiving a massage from a state licensed massage therapist, shall be completely clothed. For the purposes of this Subparagraph (f), the term “completely clothed” means having on the upper portion of the body appropriate undergarments and either blouse or shirt which shall cover all the upper body save the arms and neck, and shall mean having on the lower body appropriate undergarments plus either pants or skirt, and said pants or skirt must cover from the waist down to a point at least two inches above the knee. All clothes worn in compliance with this Subparagraph shall be entirely non-transparent.
7. No customer receiving a massage from a state licensed massage therapist shall expose his or her genitals, pubic area, anus, or the areola or nipple of the female breast to another person on the premises of a massage establishment. The prohibition against a customer exposing the areola or nipple of the female breast while receiving a massage from a state licensed massage therapist shall not apply when the massage therapist is certified to provide oncology massage or manual lymphatic drainage massage.
8. No massage therapy establishment shall be open for business between the hours of 9:00 p.m. and 7:00 a.m. No person shall be or remain inside a massage establishment between the hours of 10:00 p.m. and 6:00 a.m. No massage therapy establishment shall hold itself out as open at a time that the establishment is prohibited, under this subsection, from being open for business.
9. A readable sign shall be posted at the main entrance identifying the establishment. Signs shall comply with the sign requirements of the zoning regulations of the Borough of Naugatuck.
10. Minimum lighting shall be provided in accordance with the State building code, and at least one artificial light of not less than 40 watts (or equivalent illumination) shall be provided in each enclosed room or booth.
11. Ordinary beds or mattresses shall not be permitted in any massage therapy establishment.
12. No massage therapy establishment shall knowingly or recklessly allow any minor (i.e., a person under the age of 18) to be or remain inside the massage therapy establishment unless the minor is accompanied by his or her parent, legal guardian, or person who is at least 21 years of age and has been entrusted with the minor by the minor’s parent or legal guardian.
13. No person shall knowingly or recklessly touch, manipulate, fondle, or handle in any manner the sexual organs, genital area, or anus of any other person on the premises of a massage therapy establishment. The licensee shall operate the establishment in such a manner as to prevent its employees or agents from engaging in such activities or in other specified criminal activities as defined in this Article.
14. It shall be unlawful to operate a massage therapy establishment with storefront windows that have material and glazing applied or affixed that reduces light transmission through the windows to less than 32%, plus or minus 3 percent, or increases light reflectance to more than 20 percent.
15. Massage therapy establishments and their employees shall ensure that storefront windows are not blocked by curtains, blinds, or any other screening material during those times when the establishment is occupied by patrons or is open to the public.
16. Massage therapy establishments and their employees shall ensure compliance with the public health technical standards outlined and required by the Naugatuck Valley Health District Body Care Code.
17. Every room or enclosure used for the reception or treatment of patrons shall be equipped with a door, partition, or curtain or shall otherwise ensure the privacy of the patron. A full schedule of service rates shall be posted in a prominent place within the massage therapy establishment in such a manner as to come to the attention of all patrons. No charges other than the specified rates for specified services are to be allowed, and each patron shall be notified of the full cost prior to the rendering of any service.
18. The Director of Health shall have the authority to adopt technical standards, policy and procedures to ensure proper sanitary and safe operation of the massage therapy establishment and shall publish them on the borough’s website. Failure of the massage therapy establishment to comply with minimum requirements as outlined in the technical standards shall be considered a violation of this Article.
19. Every licensee (or its manager or supervising employee, as the case may be) shall keep a daily register, approved as to the form by the Chief of Police, of all patrons with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Such register shall at all times during business hours be subject to inspection by the Chief of Police and/or the Director of Health.
20. Any person performing massage therapy who operates a mechanical appliance in proximity to anybody location where scalp hair can be pulled into its moving parts shall cover or wrap a patron’s hair in a way to protect the hair from such moving parts.

Section 12-112. Inspection.

Massage therapy establishments and their employees shall permit the Director of Health  and/or Chief of Police to inspect, from time to time, any portion of the establishment premises where patrons are permitted, for the purpose of ensuring compliance with the requirements of this Article, during those times when the establishment is occupied by any patron or is open to the public. This Section 12-112 shall be construed by the borough to authorize reasonable inspections of the licensed premises, but not to authorize a harassing or excessive pattern of inspections. The Chief of Police shall report in writing any findings of a violation of any of the requirements of this Article to the Director of Health as soon as practicable after the inspection.

Section 12-113. Notice of Violation.

1. Anything in the following sections is not meant to interfere with the rights of the Naugatuck Valley Health District in enforcing its own state or local regulations. If the Naugatuck Valley Health District is enforcing its own regulations including but not limited to fines, suspensions and revocations, all owners and/or operators should refer to the procedures in the latest adopted version of the Naugatuck Valley Health District Body Care Code.
2. Whenever determined, based on reasonable investigation or reports from the Chief of Police that any establishment fails to meet the requirements set forth in this article, she/he may issue a written notice of violation to the licensee or applicant, as the case may be, setting forth the alleged failures and date for correction.
3. At the end of the period of time allowed for the correction of any violation, the Chief of Police/Naugatuck Police Department shall reinspect the establishment to determine if the violation has been corrected.
4. If, upon reinspection, the violations are determined not to have been corrected, immediate action shall be taken to correct the violations, including but not limited to assessing fines, suspending or revoking the permit.

Section 12-114. Denial, revocation and suspension of license.

1. Denial or revocation for specific violations. The Chief of Police shall issue a written notice of intent to deny or revoke a massage therapy establishment license, as the case may be, if:
   1. The licensee or applicant has failed to maintain the qualifications for holding a license;
   2. The licensee or applicant has given false information in the application for the license or has failed to supplement the application information as required by Section 12-109(b) after a change of circumstances that renders the information originally submitted false or incomplete;
   3. The licensee or applicant has failed to maintain correct and accurate records as required by this Article;
   4. The licensee or applicant or any of its employees, agents or managers has allowed possession, use, or sale of alcohol or controlled substances in or on the premises of the establishment;
   5. The licensee or applicant has violated Subparagraph (c) of Section 12-111;
   6. The licensee or applicant or any employee, agent, or manager has allowed any minor (i.e., a person under the age of 18) to be or remain inside the massage therapy establishment unless the minor is accompanied by his or her parent, legal guardian, or a person who is at least 21 years of age and has been entrusted with the minor by the minor’s parent or legal guardian;
   7. The licensee has allowed three (3) or more violations of any provision of this Article within a twelve-month period; or
   8. The licensee or applicant has operated or allowed the operation of the massage therapy establishment while under suspension pursuant to Section 12-114(c).
2. Effect of revocation. When a notice of intent to revoke a license has been issued, the licensee shall not apply for or be issued any new license under this article until such notice has been withdrawn or, if revocation has become effective, until two (2) years after the effective date of revocation.
3. Suspension for certain violations; Discretion of Chief of Police.
   1. Notwithstanding subsection (a) above, the Chief of Police may in his or her discretion, upon reasonable finding that a licensee or applicant or any of its employees or agents has committed any specified criminal activity, temporarily and immediately shutdown such establishment, pending a Section 12-115 Hearing.
   2. Notwithstanding subsection (a) above, the Chief of Police may in his or her discretion, in lieu of revocation of a license, and after consideration of the seriousness of the violation and its relation to the purposes of this Article, issue notice to suspend the license for a period of no less than ten (10) days and no longer than sixty (60) days, if he or she determines that a) an agent, manager, officer or employee of the licensee violated the relevant provision without the actual knowledge of the licensee, b) the licensee did not knowingly or recklessly violate the provision and could not reasonably have prevented the violation, or (c) there has been no prior revocation or suspension of the license. This Subparagraph (c) allowing suspension in lieu of revocation shall not apply to any violation referred to in subsection (a)(5) above.

Section 12-115. Hearing; license denial, revocation, or suspension.

1. When the Chief of Police issues a written notice of intent to deny, revoke or suspend a license, the Chief of Police shall immediately send such notice, which shall include the specific grounds under this article for such action (including the provision(s) allegedly violated, and in the case of a notice of suspension, the period of suspension proposed for each such violation), to the applicant, licensee and/or agent for service (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Naugatuck Police Department for the respondent. The notice shall also set forth the following: The respondent shall have ten (10) days after the delivery of the written notice to submit, at the Naugatuck Police Department or to the Citation Hearing Officer, a written request for a hearing before a Citation Hearing Officer appointed by the Mayor pursuant to section 7-152b of the Connecticut General Statutes, at which the respondent shall have the right to present witnesses, evidence and argument on all relevant facts and issues. If the respondent does not request a hearing within said ten (10) days of the notice, the Chief of Police’s written notice shall become a final denial or revocation, as the case may be, on the eleventh (11th) day after it is issued.
2. If the respondent does make a written request for a hearing within said ten (10) days, the Chief of Police and/or the Citation Hearing Officer shall, within ten (10) days after the submission of the request, send a written notice, by personal delivery or certified mail, to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than fifteen (15) days nor more than thirty (30) days after the date that the hearing notice is issued. The borough shall provide for the hearing to be transcribed. A request for a hearing shall stay any revocation, suspension or denial until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Hearing Officer finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in the notice, a license may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined. If such person requesting a hearing fails to appear at a hearing, the presiding officer may enter an assessment of default against him, in the amount of the appropriate fines, penalties, costs and/or fees provided for by this Ordinance.
3. At the hearing, the respondent shall have the opportunity to be represented by counsel, present evidence, witnesses and argument on his or her behalf on all relevant issues (including any mitigating circumstances) and cross-examine any witnesses presented by the borough. An original or copy of the notice of revocation, denial or suspension shall be admitted as evidence of the facts contained therein. The respondent shall bear the burden of proving entitlement to the license. The hearing shall take no longer than two (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall render a final written decision within ten (10) business days after the date of termination of the hearing, and shall within that time send to the respondent, by personal delivery or certified mail, a copy of the decision, including specific reasons for the decision as to each violation alleged in the notice of intent. The decision shall also specify its effective date, which shall be no later than the thirtieth (30) day after it is rendered.
4. In the case of suspension, the decision shall include the specific time period of suspension or revocation for each violation found to have occurred.
5. The person against whom an assessment has been entered in accordance with this Ordinance is entitled to judicial review by way of appeal within thirty (30) days of the mailing of the Notice of assessment. The appeal shall be filed in accordance with section 7-152b of the Connecticut General Statutes.

Section 12-116. Penalty.

1. Any person who operates a massage therapy establishment without first obtaining a license under this Article shall be punished by a fine of $250.00 payable to the Naugatuck Police Department. Each day the establishment operates will constitute a new fine.
2. Every person who provides massage therapy at a massage therapy without a validly issued state license shall be reported to the Connecticut Department of Public Health by the Chief of Police and/or Director of Health.
3. Every person who fails to correct any other violations of the provisions of this Article within the time period determined for correction, or whose license is revoked hereunder, shall be punished by a fine of $250.00 payable to the Naugatuck Police Department. Each day the establishment is in violation will constitute a new fine.
4. Each violation and each day any such violation exists shall constitute a separate offense. The Chief of Police is authorized to issue citations for violations of this Article.
5. The issuance of penalties and citations under this Section 12-116 shall be in addition to other available methods of enforcement of this Article and the Naugatuck Valley Health District’s Body Care Code. Nothing in this Article and no action taken hereunder shall be held to exclude such other civil, criminal, or administrative proceedings as may be authorized by other provisions of this Code or any other State or local law or regulation or to exempt anyone violating any part of said laws or regulations from any penalty which may be imposed thereunder.

Section 12-117. Severability.

If any term, phrase, sentence, or section of this Article shall be declared invalid for any reason by a court of competent jurisdiction, such decision shall not affect the remaining parts of this Article, and such parts shall continue in full force and effect and are hereby declared to be severable.

Section 12-118. Judicial remedies.

1. If any premises, building, dwelling or other structure is operated or maintained as a massage therapy establishment after denial, revocation or suspension of its license under this Article, the Borough Attorney is authorized to bring an action in the name of the borough in the Superior Court for the Judicial District of Waterbury against the owner, operator or other person responsible for conduct giving rise to the denial or revocation or suspension, to restrain, prohibit or enjoin the use of such premises, building, dwelling or structure as a massage therapy establishment.
2. In order to obtain an injunction under this Section 12-118, it shall not be necessary to allege or prove that there is no adequate remedy at law or to allege or prove damages or other special injury.
3. If the court issues an injunction upholding the revocation or denial of a license pursuant to this Section, the borough shall be entitled to recover its reasonable attorneys’ fees and costs incurred in bringing the action.

Section 12-119. Effective date.

This Ordinance shall take effect thirty days after publication in a newspaper of substantial circulation in the borough.