Subtitle 11 – Massage Establishments

“Board” means the Board of Consumer Protection and Business Licensing.

“Massage” means the administration by any person of any method of exerting or applying pressure, friction, moisture, heat, or cold to the human body, or the rubbing, stroking, kneading, pounding, or tapping of the human body by any physical or mechanical means for any form of consideration.

“Massage establishment” means any building, place, or operation wherein a massage is administered or permitted to be administered for any form of consideration.

“Massage therapist” means an individual who has completed at least 500 hours of training at, and has received certification from, a school which has a massage training program approved by the Commissioner of Health and by a professional organization having the authority to approve massage training programs.

“Massagist” means any person who administers a massage for any form of consideration.

In interpreting and applying this subtitle, the following rules of interpretation apply:

The word “building” shall be deemed to apply to any part or portion of such building.

Words used in the present tense shall include the future.

physicians, surgeons, osteopaths, chiropractors, or therapists who are duly licensed to practice their respective professions in the State of Maryland or who are permitted to practice temporarily under the auspices of any associate or establishment duly licensed in the State of Maryland, while in the course of their licensed business or profession;

nurses and practical nurses, who are registered under the laws of this State and operating under a physician’s direction;

any duly licensed hospital, medical clinic, or nursing home;

a trainer of any duly constituted athletic team while in the normal course of his duties;

any bona fide health spa or health club offering or providing massages solely incidental to the furnishing of facilities for and instruction in physical fitness and actually occupying premises of not less than 3,000 square feet, of which not more than 10% is used for massages;

any corporation or association which is organized and operated exclusively for social or athletic purposes and which offers or provides massages solely incidental to the furnishing of facilities for such purposes and which actually occupies premises of not less than 3,000 square feet, of which area not more than 10% is used for massages; or

massage therapists.

Applicants for a license under § 11-5 shall file upon a form provided by the Director of Consumer Protection and Business Licensing a signed application, subject to the law relating to perjury, setting forth the following information:

The sum of $25 shall accompany the application to reimburse the City for the cost of investigation, which sum shall be retained by the City whether the license is granted or denied.

An application for a successor license shall be filed with the Director of Consumer Protection and Business Licensing on or before April 1 of each year.

The application shall be referred by the Director of Consumer Protection and Business Licensing to the Board of Consumer Protection and Business Licensing for investigation and recommendation.

Before the recommendation is made, the applicant shall be personally interviewed by the Police Commissioner or by his duly authorized representative.

The Board, in addition to investigating the items set forth in the application, shall also investigate the qualifications of the applicant.

If the recommendation of the Board, after investigation, is that the applicant not be licensed, the Board shall state the reasons therefore in writing.

If the recommendation of the Board is favorable, the Director of Consumer Protection and Business Licensing shall, upon payment of a license fee in the sum of $1,500 to the Director of Finance issue a license to the applicant.

Every license so granted shall terminate on July 1 annually, or until a successor license is issued or denied by the Director of Consumer Protection and Business Licensing.

The Director of Consumer Protection and Business Licensing shall issue a certificate of license which shall at all times be prominently displayed inside the massage establishment.

It is unlawful for any person maintaining, operating, or conducting a massage establishment to:

No person conducting a massage establishment shall tolerate on the premises any activity or behavior prohibited by the laws of the State, particularly, but not exclusively, those sections within <cite data-doc="Md. Code" data-path="27">Article 27 of the Annotated Code of Maryland</cite> proscribing prostitution, sodomy, perverted sexual practices, a bawdy place, adultery, fornication, any lewd and lascivious cohabitation, and all laws relating to obscene matter.

No person conducting a massage establishment shall tolerate in his establishment any activity or behavior which violates this Code, particularly, but not exclusively, those sections which parallel the State statutes on immorality and obscenity detailed above.

Any person violating the provisions of this section shall, upon conviction, be punished as hereinafter provided in this subtitle and, in addition to such penalty, it shall be the duty of the Director of Consumer Protection and Business Licensing to revoke the license of the establishment wherein the provisions of this section shall have been violated.

Any massage establishment, its equipment, records, and methods of operation shall be open during working or business hours to inspection by representatives of the Police Department, Health Department, Fire Department, Department of Consumer Protection and Business Licensing, and the Department of Housing and Community Development.

The Police Commissioner, Health Commissioner, Chief of the Fire Department, Director of Consumer Protection and Business Licensing, and the Commissioner of Housing and Community Development shall assign personnel to make regular inspection of such licenses, and a report of such inspections shall be made to the respective department heads in writing.

Denial of entry of such inspectors during business hours shall be cause for revocation of the license.

Whenever the Director believes that any licensed massage establishment or registered massagist has violated any of the provisions of this subtitle, the rules and regulations promulgated by the Department, or is not qualified to hold a license, the Director may order a hearing before the Board.

Such hearing shall be held at a reasonable time and place designated by the Board in written notice to the licensee. The hearing shall not be held until at least 10 days following actual receipt of notice by the licensee.

Following such hearing, the Board shall reduce findings of fact to writing, and if it determines that the licensee has violated any of the provisions of this subtitle, the rules and regulations promulgated by the Department, or is unqualified under the provisions of this subtitle to hold the license in effect, it shall transmit a copy of such findings to the Director of Consumer Protection and Business Licensing recommending revocation of the license, and the Director shall immediately revoke the license.

Conviction for any violation of the provisions of this subtitle shall constitute cause for immediate revocation of the license by the Director of Consumer Protection and Business Licensing upon the recommendation of the Board.