Massage businesses forced to submit special permit by Dec. 31
Date: 10/15/2012
By Chris Maza
chrism@thereminder.comEAST LONGMEADOW — Massage therapy establishments in East Longmeadow will be required to submit an application for a special permit by the end of the year in order to keep their businesses open.
"Therapists have to apply for a special permit by a deadline of Dec. 31," Planning Director Robyn Macdonald said. "Everyone will have to have a special permit."
Macdonald told
Reminder Publications that the Attorney General's (AG) office recently informed her that it had approved the bylaw amendment ratified at the Annual Town Meeting on May 21.
The bylaw change was proposed in an effort to curb the illegal activity that has been taking place at Korean Massage at 611 North Main St., which has been subject to three separate police actions since 2009. Authorities found evidence of the business being in violation of licensing laws, as well as promoting prostitution and illegal immigration.
While the AG's office normally must make a determination on whether or not to approve a bylaw amendment within 90 days, Macdonald explained that the AG requested an extension because of concerns that certain sections of the bylaw impinged upon state regulations.
Ultimately, the AG's office approved all but sections B and C of the bylaw.
Section B of the bylaw stated, "No person shall reside on the premises nor shall anyone be allowed to be upon the premises after normal hours of operation except for maintenance purposes." Section C read, "No massage therapist facility shall operate between the hours of 9 p.m. and 9 a.m."
"According to the Attorney General, these are requirements that are in the state licensing procedure and those sections of the bylaw just duplicate what the state already does," Macdonald said.
The bylaw now in effect will require all massage therapy establishments to provide a copy of its state license for the business as well as for each employed therapist. All employees must also provide photo identification in the form of either a drivers' license or state alternative identification card for non-drivers.
Once the owner of a massage therapy business submits an application, a public hearing must take place at a Planning Board meeting, as is required with all special permits.
Massage businesses will also be required to provide a list of its employees' residential addresses and phone numbers and that information would need to be updated annually.
Failure to comply with the bylaw or the discovery of any illegal activity will result in the revocation of the special permit, which would require the business to close.
Macdonald added that she would be sending a letter to all massage businesses currently operating in East Longmeadow with information pertaining to how to obtain a special permit.
