COMCOR 24-11. Massage - Regulations

In these regulations, terms defined in Section 24-11 of the County Code are applicable and not redefined; the following words and phrases have the following meanings:

Applicant - A person applying for a massage establishment, massage establishment manager, or massage worker license.

Massage establishment manager - An individual who acts as the manager of a massage establishment.

Massage worker - An individual who administers massages to other individuals.

Renewal Applicant - A person applying for the renewal of a massage establishment, massage establishment manager, or massage worker license.

A. LICENSE APPLICATION FOR A MASSAGE ESTABLISHMENT

Under procedures established by the Director, a person may obtain a Massage Establishment License by applying to the Director on a form provided by the Director that, at a minimum, requires the person to provide:

1. The applicant's name, current address, the location and mailing address of the proposed establishment, and any address where the applicant has conducted business for the past 5 years;

2. If the applicant is an association or a partnership, the names and resident addresses of each of the associates or partners. If the applicant is a corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation and owns at least 33% of the stock of the applicant corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If the massage establishment is to be managed by someone other than the applicant, the name and resident address of each manager. Each person who must be identified on the application under this paragraph is considered an applicant under these regulations;

3. A description of the facilities and services to be available on the premises of the proposed establishment;

4. The applicant's employment history for the 3 year period preceding the date of application;

5. A statement regarding whether the applicant has ever been convicted of, or pled nolo contendere to, or received probation before judgment in lieu of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime; a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation, or parole;

6. A statement regarding whether the applicant has ever received a civil citation for practicing massage without a license or any related offense.

7. All necessary signatures and approvals to authorize a complete criminal background check for all applicants;

8. A copy of the applicant's fingerprints, which must be taken by the Montgomery County Police Department upon payment of the fee established by Executive Regulation, and 4 passport style photographs of the applicant, consisting of 3 front and one side view;

9. The required fee;

10. The history of the applicant in the operation of massage establishments including whether or not the person, in previously operating in this or another county or state under license, registration or permit, has had a license, registration, or permit revoked or suspended, and the reason for the revocation or suspension, and the business activity or occupation of the applicant after the suspension or revocation;

11. The applicant's statement under oath that all of the information contained in the application is true and correct;

12. Evidence that the applicant has a comprehensive general liability insurance policy from an insurer licensed in Maryland in the amount of at least $ 1,000,000 that covers all acts of the licensee; a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each; and evidence that the applicant has workmen's compensation insurance coverage as may be required under state law; and

13. Evidence that the applicant has a license and permit bond in the amount of $10,000 to cover all activities at the massage establishment.

B. APPLICATION FOR MASSAGE ESTABLISHMENT MANAGER LICENSE

1. Nature of Applicant - Only individuals may apply for a massage establishment manager license.

2. Names, Addresses and Phone Numbers - Each application must include:

a. The full name of the applicant, including any maiden name, alias or name under which the applicant has previously been known;

b. The applicant's date of birth, residence address, social security number, and residence phone number at the time of application and for the 3 year period preceding the date of application; and

c. The applicant's business address and business phone number at the time of application.

3. Fingerprints - A complete set of fingerprints of the applicant taken by the Montgomery County Police Department must accompany each application.

4. Location of Worksite - Ownership:

a. An application for a manager license must include:

A. CERTIFICATION REQUIRED

Section 24-11 of the County Code requires that certain people who perform massage hold a license.

B. APPLICATION FOR A MASSAGE WORKER LICENSE

Each person applying for a massage worker license must submit a written application, made under oath or affirmation, in the form provided by the Director. Each person who makes an application must provide the following:

1. The person's full name, residential address, and residential telephone number;

2. The name and address of the massage establishment where the person is to be employed, and the name of the owner of the establishment;

3. The names and addresses of any previous massage establishments where the person has been employed for the 3 year period preceding the date of application;

4. The applicant's employment history for the 3 year period preceding the date of application;

5. A statement regarding whether the applicant has ever been convicted of, or pled nolo contendere to, or received probation before judgment in lieu of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime and a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole;

6. All necessary signatures and approvals to authorize a complete criminal background check;

7. A copy of the applicant's fingerprints, which must be taken by the Montgomery County Police Department upon payment of the fee established by Executive Regulation, and 4 passport style photographs of the applicant, consisting of 3 front and one side view;

8. The required fee;

9. The applicant's statement under oath that all of the information contained in the application is true and correct;

10. Health Certification - Every applicant for a new or renewal massage worker registration must undergo a physical examination for communicable diseases. The examination must include a tuberculosis skin test administered and interpreted by a licensed physician or registered nurse, together with any other laboratory tests required as part of the examination by a licensed physician. This certification must be issued within 30 days of the examination and signed by a physician stating that the person examined appears at the time of the exam to be free from any communicable disease. The examination must have been done no more than 60 days prior to submitting a new application or the expiration date for a renewal application. An application for issuance or renewal of a license cannot be accepted without the physician's certificate;

11. Evidence that the applicant has a professional liability insurance policy from an insurer licensed in Maryland in the amount of $500,000 which covers all acts involved with their employment at a massage establishment; and

12. Evidence that the applicant has a license and permit bond in the amount of $10,000 that covers all acts involved with their employment at a massage establishment.

C. CRITERIA FOR DENYING ISSUANCE OR RENEWAL OF A MASSAGE WORKER LICENSE

The Director must not issue or renew a massage worker license to:

1. Any person who has, within 5 years immediately preceding the date of the application, been convicted of, pled guilty or nolo contendere to, or who has within the last 3 years immediately preceding the date of the application been released from prison based on a conviction of, guilty plea or nolo contendere to, or who has been placed on probation without a finding of guilt for, or who has within 3 years immediately preceding the date of the application completed a period of probation based upon a charge for:

a. Any offense involving violence, or an offense involving a weapon;

b. Any sex offense as defined in Article 27 of the Annotated Code of Maryland, to include first and second degree rape and first, second, third and fourth degree sex offenses;

c. Prostitution or soliciting for prostitution;

d. Violation of any laws governing controlled dangerous substances; or

e. Violation of gaming laws.

2. Any person who makes a false statement or gives a false answer to any question upon any form required by the department or who attempts to procure or procures a massage worker license by fraud, misrepresentation, misleading statements, evasion or suppression of material facts must not be issued a massage worker license.

D. CHANGE OF INFORMATION CONTAINED IN APPLICATION FOR A MASSAGE WORKER LICENSE

The applicant must make a written report of any change in any of the information required to be provided on the application and deliver the report to the Director no more than 48 hours after learning of the change. Failure to deliver a report of a change to the Director within 48 hours after learning of it is grounds for denial or revocation of the license.

E. TERM OF MASSAGE WORKER LICENSE

The term of each massage worker license issued by the Director is one year.

F. MASSAGE WORKER LICENSE FEE

Each person who applies for a massage worker license must submit to the Director, an application and annual license fee, with the massage worker license application, in the amount established in the Fee Schedule.

G. MASSAGE WORKER LICENSE RENEWAL

1. Any person to whom the Director has issued a massage worker license may renew the massage worker license, unless the license has expired or the Director has revoked the massage worker license. Each person who requests renewal of a massage worker license must deliver a renewal application, on the form provided by the Director, to the Director on or before 30 days before the massage worker license expires.

2. The person seeking renewal of the massage worker license must submit to the Director, an annual massage worker license fee, with the massage worker license renewal application, in the amount established in the Fee Schedule.

A. RESPONSIBILITY

The licensee of a massage establishment must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. Where the licensee of the massage establishment delegates duties to a manager, the manager must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section.

B. NOTICES

Each massage establishment must:

1. Have a legible sign, at least 18" by 24" in size, posted next to or on the entrance door identifying the premises as a massage establishment, with the words "licensed massage establishment" and the words "this massage establishment is subject to police inspection" printed in letters no less than one inch in height on a background that is a contrasting color;

2. Display at a location inside the establishment and visible to individuals entering the establishment:

a. The license to operate the establishment;

b. The license of the massage establishment manager;

c. The massage worker licenses for each person performing massage at the establishment;

d. The massage therapist certificate or massage practitioner registration issued by the State Board to any person performing massage at the establishment; and

e. A copy of Section 24-11 of the County Code and these regulations.

3. Display at each location where massages are given, notice that the premises are subject to inspection under this subtitle.

C. MINIMUM STANDARDS FOR MASSAGE ESTABLISHMENT FACILITIES

Each person who operates a massage establishment in the County that is required to hold a massage establishment license under 24.11.01.02.A. of these regulations, and each applicant, must:

1. Locate the massage establishment in a proper zoning district as specified in Chapter 59 of the County Code;

2. Ensure that the building in which the massage establishment is located complies with all federal, State, and local laws and regulations;

3. Install at least one hand basin in each room in which massages are administered;

4. Ensure that all walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins, baths, spas, and other physical facilities located at a massage establishment are in good repair and maintained in a clean and sanitary condition;

5. Thoroughly clean and disinfect each wet and dry heat room, steam or vapor room, or steam or vapor cabinet, shower, bathtub, hand basin and toilet room at the massage establishment facility after use by each patron when the facility is in operation;

6. Provide clean, laundered, and sanitary towels and linens for each patron of the massage establishment;

7. Install cabinets for the storage of clean towels and linens, and keep the cabinets clean and sanitary;

8. Ensure that all staff providing massages employed at the massage establishment cleanse his or her hands thoroughly with soap and hot running water immediately before administering each massage;

9. Maintain a registry at the massage establishment and record in the registry the name, residence address, and a description and the date of all services provided to each customer of the establishment;

10. Require each customer of the massage establishment to provide positive identification and to sign the registry;

11. Keep the records entered in the registry of the massage establishment for at least 3 years after the date of service;

12. Ensure and verify that every person who administers a massage at the massage establishment is either certified by the State Board to practice massage therapy or registered by the State Board to practice non-therapeutic massage, or has a County massage worker license;

13. Ensure that no illegal activity is conducted at the massage establishment and that no person employed by the establishment has been convicted of a crime other than traffic offenses for which a sentence of incarceration could not have been imposed within 5 years immediately preceding the date of the application;

14. Ensure that the business operates between no earlier than 8:00 a.m. and no later than 9:00 p.m.

15. Maintain throughout the term of the massage establishment license a comprehensive general liability insurance policy from an insurer licensed in Maryland in the minimum amount of $1,000,000, which covers all acts of a massage establishment licensee, a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each, workmen's compensation insurance as required under State law, and a license and permit bond in the amount of $10,000 each to cover all activities at the massage establishment. The licensee must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official; and

16. Maintain throughout the term of the massage establishment manager and worker license professional liability insurance in the amount of $500,000 each issued by an insurer licensed in Maryland, and a license and permit bond in the amount of $10,000 each. A massage establishment manager and worker must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official.

D. RESIDENCY

No person may reside at a massage establishment.

E. CLOTHING

All employees must wear opaque clothing that completely covers their trunk at all times.

F. PROHIBITED ACTS

A person required to have a massage establishment manager or massage worker license under Section 24-11 of the County Code and these regulations must not:

1. Uncover his/her erogenous areas or the erogenous areas of another person;

2. Administer a massage to a person of the opposite sex;

3. Massage, or offer to massage, an erogenous area of another person; or

4. Engage in any prostitution-related activities, including but not limited to: solicitation, assignation, pandering, common nuisance, or prostitution in the massage establishment.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

This regulation takes effect the day after approval by the County Council

Initial Establishment Application (Non-refundable) $ 200.00

Initial Manager Application (per location) (Non-refundable) $ 200.00

Initial Worker Application (Non-refundable) $ 200.00

Establishment License $2,000.00

Establishment Manager License $ 500.00

Establishment Worker License $ 500.00

Duplicate License $ 10.00

Additional charge for filing renewal application after expiration $ 100.00

Establishment Change of Location $1,000.00

This regulation takes effect on August 1, 2001

In these regulations, terms defined in Section 24-11B of the County Code are applicable and not redefined. The following words and phrases have the following meanings:

Applicant- A person applying for a license to operate a bodyworks establishment.

Department- The Montgomery County Department of Health and Human Services.

License- A license to operate a bodyworks establishment.

A bodyworks license is not required for the operation of a business in which every person who provides services is licensed by the Maryland Board of Acupuncture or is otherwise exempted by Section 24-11B(b) of the Code.

A. APPLICATION FOR A LICENSE TO OPERATE A BODYWORKS ESTABLISHMENT

A person may obtain a license to operate a bodyworks establishment by applying to the Director on a form provided by the Director that, at a minimum, requires the applicant to provide:

1. The applicant's name, current address, the location and mailing address of the proposed establishment, and any address where the applicant has lived or operated a business for the past five years;

2. The applicant's employment history for the previous three years preceding the date of the application;

3. A copy of any professional license or certification related to bodyworks held by the applicant, if applicable;

4. A list of all employees who will provide bodyworks services;

5. A passport-style photograph taken within the past 24 months;

6. The applicant's fingerprints;

7. A statement that the applicant is in good health and free of communicable diseases;

8. If the applicant is not a United States citizen, evidence of legal presence and employability in the United States;

9. A statement regarding whether the applicant has ever been convicted of, pled nolo contendere to, or received probation before judgment of a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime; a description of the disposition of the matter; and the name and address of any parole or probation officer, or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole;

10. A statement regarding whether the applicant has ever received a civil citation for practicing massage or bodyworks without a license;

11. A statement regarding whether the applicant has ever had a license to practice massage or bodyworks revoked by the State of Maryland or any other jurisdiction;

12. A written description of the services to be provided by the establishment;

13. All necessary signatures and approvals to authorize a complete criminal background check;

14. If the applicant is an association or a partnership, the names and resident addresses of each of the associates or partners. If the applicant is a corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation and owns at least 33% of the stock of the applicant corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If the bodyworks establishment is to be managed by someone other than the applicant, the name and resident address of each manager. Each person who must be identified on the application under this paragraph is considered an applicant under these regulations.

15. The applicant's signature, either notarized or witnessed by a representative of the Department.

B. CHANGE OF INFORMATION CONTAINED IN LICENSE APPLICATION

Each person to whom the Director has issued a license must report to the Director any change in any of the information required to be provided in a bodyworks or massage establishment or manager application under 24.11.01.02.A. The licensee must make a written report of any change and deliver the report to the Director no more than 72 hours after learning of the change. Failure to deliver a report of a change to the Director within 72 hours of learning of it is grounds for denial or revocation of the license.

C. EXEMPTION

The following categories of individuals and establishments are exempt from the licensing requirements under these regulations, except as specified in C.3.b. of this regulation, but upon request of any police officer or county code enforcement official must produce certification from the State Board or other certifying board as proof that the person(s) has certification or registration in good standing:

1. a person with a license, registration, or other approval issued by the Maryland State Board of Chiropractic and Massage Therapy Examiners to provide massage under § 3-5A-05 of the Health Occupations Article;

2. a person with a license, registration, or other approval issued by the Maryland State Board of Acupuncture to provide acupuncture under § 1A-301 of the Health Occupations Article;

3. an athletic trainer who meets the following criteria and applies for the appropriate application for an exemption:

a. is currently certified by the National Athletic Trainers' Association Board of Certification (NATABOC) or a comparable organization that is certified by the National Commission of Certifying Agencies and works under the supervision of a physician; or

b. is affiliated with an accredited educational institution while performing professional duties at that institution; or

c. is employed by a professional athletic organization, while treating members of that organization; or

4. an establishment where only certified massage therapists, registered massage practitioners, licensed acupuncturists, or others approved by the Board of Chiropractic and Massage Therapy Examiners or the Board of Acupuncture perform bodyworks. Any establishment seeking an exemption on this basis must:

a. provide an annual business plan to include:

A. RESPONSIBILITY

The licensee of a bodyworks establishment must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. Where the licensee delegates duties to a manager, the manager must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section.

B. MINIMUM STANDARDS FOR BODYWORKS ESTABLISHMENT FACILITIES

Each person who operates a bodyworks establishment in the County that is required to hold a license under Section 24-11B of the County Code must:

1. Locate the bodyworks establishment in a proper zoning district as specified in Chapter 59 of the County Code;

2. Provide a copy of the application for a Use and Occupancy Permit for the premises;

3. If the applicant does not own the premises, a statement from the property's owner indicating that the owner is in agreement with the applicant's plan to operate a bodyworks establishment on the premises;

4. Ensure that the building in which the bodyworks establishment is located complies with all federal, State, and local laws and regulations;

5. Ensure that at least one hand basin is immediately available in each area where bodyworks services are administered;

6. Ensure that all walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins, baths, spas, and other physical facilities located at the bodyworks establishment are in good repair and maintained in a clean and sanitary condition;

7. Provide clean, laundered, and sanitary towels for each patron of the bodyworks establishment;

8. Ensure that all staff providing bodyworks services at the establishment cleanse his or her hands thoroughly with soap and hot running water immediately before providing bodyworks services to each client;

9. Maintain a registry at the bodyworks establishment and record in the registry the name, residence address, a description and the date of all services provided to each customer of the establishment, and the name of the employee who provided the services;

10. Require each customer of the bodyworks establishment to provide positive identification and to sign the registry;

11. Keep the records entered in the registry of the bodyworks establishment for at least 3 years after the date of service;

12. Ensure that all clients remain fully clothed while receiving bodyworks services, except for removal of socks and shoes;

13. Ensure that bodyworks services do not include the application of oils, except on hands or feet;

14. Ensure that employees are fully clothed while administering bodyworks services;

15. Ensure that no illegal activity is conducted at the bodyworks establishment and that no person employed by the establishment has been convicted of a crime other than traffic offenses for which a sentence of incarceration could not have been imposed within 5 years immediately preceding the date of the application;

16. Ensure that the business operates between no earlier than 8:00 a.m. and no later than 9:00 p.m.

17. Ensure that the following items are clearly posted so that they are visible to all who enter the premises:

a. A copy of the license, which shall include a photo of the licensee;

b. A photograph of each employee alongside a description of the services the employee is authorized to provide;

c. A legible sign, at least 9" by 11" in size, with the words "this bodyworks establishment is subject to police inspection" printed in letters no less than 3/4 inch in height on a background that is a contrasting color;

d. A legible sign stating that there can be no removal of clothes or application of oils except on hands and feet.

C. INSPECTIONS

A person who operates a bodyworks establishment must permit the Director or the Montgomery County Police Department to enter the bodyworks establishment to conduct an inspection prior to licensing. After licensing, inspections may be conducted without prior notice.

At the Director's request, a person operating a massage establishment must:

1. Produce all business and employment records, including customer registries, licenses, and registrations that are required by Section 24-11B of the County Code or this Section;

2. Give the inspector access to enter and inspect the entire bodyworks establishment; and

3. Permit the inspector to interview all employees, customers, and agents of the person who is licensed to operate the bodyworks establishment.

Initial Establishment Application (Non-refundable) | $20 Initial Establishment License | $200 Annual Establishment License Renewal | $10 Duplicate License | $10 Additional Charge for Filing Renewal Application after Expiration | $10 Establishment Change of Location | $100