Division 9A. Massage Establishments

Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent.

Erogenous area. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus.

Massage. Any method of treating the external parts of the human body for money consideration, present or deferred, by touching, rubbing, stroking, kneading, tapping, or vibrating with the hand, arm, foot or mouth or any instrument, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage by the duly employed trainer, or his assistant(s), of any professional club, college or educational institution athletic team while in the normal course of his duties; nor shall this definition include any massage by an employee of any bona fide health spa or health club, which shall, for the purpose of this ordinance, be defined as an establishment offering or providing facilities for an instruction in controlled exercise, weight lifting, calisthenics, and general physical fitness and actually occupying premises of not less than five thousand (5,000) square feet, of which not more than five (5) percent is used for massages, and whose gross income from massages is less than fifteen (15) percent of the total gross business income derived from physical fitness sales contracts at each business location; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed under Titles 4 and 5, Business Occupations and Professions Article, Annotated Code of Maryland, as from time to time amended.

Massage establishment. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, exercise clubs, spas, health clubs, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational, and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing for instruction in and facilities for controlled exercise, weight lifting, calisthenics, and general physical fitness which is actually occupying the premises of not less than five thousand (5,000) square feet, of which not more than 5 percent (5%) is used for massages, and whose gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location.

Massage technician. Any individual who administers a massage to another individual at a massage establishment. This definition shall not be construed to include a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse duly licensed by the State of Maryland.

Off-premises massage establishment. Any establishment engaged in arranging for massages to be given for a fee or in giving massages for a fee when such massages are not given at a massage establishment shall be considered an off-premises massage establishment. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other good faith educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.

Person. Any individual, firm, partnership, corporation, company, association, or joint stock association.

A massage establishment with not more than three (3) licensed massage technicians - $1,500.00;

A massage establishment with four (4) or more licensed massage technicians - $3,000.00.

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

The location and mailing address of each applicant.

The name, residence address, and home and business telephone numbers of each applicant. If the applicant is an association or a partnership, the names and residence addresses and home and business telephone numbers of each of the associates or partners. If the applicant is a corporation, it shall state the names, home and business telephone numbers and residence address of each of the officers and directors of said corporation and of each stockholder, and provide a copy of the documents establishing the corporation. If one or more of the stockholders is itself a corporation, the names and residence addresses of each of the officers and directors of that corporation and of each stockholder of that corporation holding ten percent or more of the stock of that corporation.

If the applicant is an individual, all other residences of the applicant for the three (3) year period immediately prior to the application. If the applicant is an association or a partnership, the names and residence of each associate or partner for the three (3) year period immediately prior to the application. If the applicant is a corporation, all the residences for a three (3) year period of each of the officers and directors of said corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation.

If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older. If the applicant is a corporation, written proof that each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older. It shall be a prerequisite to the issuance of any license that the applicant or any affiliated person be eighteen years of age.

If the applicant is an individual, a complete set of the applicant's fingerprints. If the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints. If the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, and owns thirty-three percent (33%) of the stock of the applicant corporation, a complete set of fingerprints of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police, or his designee.

If the applicant is an individual, the business, occupation, or employment of the applicant for the three (3) year period immediately preceding the date of the application. If the applicant is an association or partnership, the business occupation or employment of each associate or partner for the three (3) year period immediately prior to the date of the application. If the applicant is a corporation, the business, occupation or employment of each officer and director of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation for the three (3) year period immediately preceding the date of the application.

The history of the applicant in the operation of massage establishments or any similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under permit or license, has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation of the applicant subsequent to such action of suspension or revocation.

The criminal record, if any, other than misdemeanor traffic violations, of the applicant. If the applicant is an association or partnership, the criminal record of each associate or partner. If the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.

The name of the operator or manager of the massage establishment. If the operator or manager of the massage establishment is not an applicant, then the operator or manager must provide the information required in paragraphs (1) through (9) of this Section and will be considered as an applicant for the purpose of Section 5-184.08 and as a license for the purposes of Section 5-184.18.

The applicant's full name, residence address, and residence telephone number;

The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same;

The names and addresses of any and all previous massage establishments where applicant has been employed as a massage technician;

The criminal record, if any, other than misdemeanor traffic violations, of the applicant;

Whether any license to perform as a massage technician has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation;

A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his designee;

Written proof that the applicant is eighteen (18) years of age or older;

Three (3) color photographs of the applicant, not greater than two inches square as determined by the Department of Permitting, Inspections, and Enforcement. One photograph shall be sealed on the license issued to a successful applicant. One photograph shall be retained in the files of the Department of Permitting, Inspections, and Enforcement and the other photograph shall be forwarded to the Police Department, which shall also maintain files for operator or manager license and applicants and licensees.

That the applicant, or if the applicant is a partnership or association, any partner or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more stock of the applicant corporation, any officer or director of that corporation or shareholder owning ten percent (10%) or more of the capital stock of that corporation within the preceding ten (10) years have been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or suffered a forfeiture or who has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code, on a charge of violating any provision included in Sections 12, 15, 36, 36B, 125, 237 through 246, 286, 286A, 287, 287A, 290, 335, 335A, 342, 384, 385, 386, 387, 407 through 411, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 486, 488, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or

That the applicant, or if the applicant is a partnership or association, any partners or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock, or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation, is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or any shareholder owning ten percent (10%) or more of the capital stock of that corporation has been convicted, or with respect to whom a court has accepted a plea of nolo contendere, or suffered a forfeiture or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code on a charge of violating any Section of this Division relating to massage establishment, or on a charge of violation of a similar law in any other jurisdiction; or

That the applicant, or if the applicant is an association or partnership, any associate or partner thereof, or if the applicant is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of the capital stock is under the age of eighteen (18) years; or

That the applicant, or if the applicant is a partnership or association, any partner or associate thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation, or shareholder owning ten percent (10%) or more of the capital stock of that corporation made a false statement on the application.

That the granting of the license is not necessary for the accommodation of the public in the community proposed as the location of the massage establishment.

That the premises for which a massage establishment license is sought have not the minimum facilities required by this Division, or do not meet the minimum hygiene standards of this Division or do not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance or any other law, ordinance or regulation of the United States, the State of Maryland, Prince George's County or any municipality applicable to the premises.

That the person making application for a massage technician's license is unqualified by reason of lack of suitable training or experience to perform massages. Minimum qualifications for a licensed masseur or masseuse are established as follows: No person shall be employed as a masseur or masseuse or practice massage in a massage establishment unless he or she shall have received at least five hundred (500) hours training in a professional program, institution, or school accredited or approved by the American Massage and Therapy Association, a Delaware Corporation, as specified in the certificate of incorporation filed with the Secretary of State of the State of Delaware on the thirteenth day of September, 1960 at 9 o'clock A.M., or by the State of Maryland.

That the person making application for a massage establishment license or a massage technician's license fails to provide with their license application a copy of or verification of a license or registration issued by the State Board of Chiropractic and Massage Therapy Examiners, pursuant to Subtitle 5A of Title 3 of the Health Occupation Article of the Annotated Code of Maryland.

Before the Director shall act upon the application, the Director shall schedule and give notice of the time and place of a public hearing to consider the application. The hearing shall be conducted by a hearing examiner, who may be an attorney on the staff of the Office of Law. The Director shall notify the applicant in writing of the time and place of the hearing, not less than 14 days prior to the scheduled date. The Director shall cause a notice of the hearing to be published in two newspapers of record at least two times in two successive weeks, the last publication of which shall be not less than seven (7) nor more than thirty (30) days prior to the scheduled date of the hearing. The published notice shall specify the name of all applicants, the kind of license for which application is made, the location of the place for the massage establishment proposed to be licensed, and the time and place fixed by the Director for the hearing. The applicant shall bear the expense of publication of the notice and shall deposit with the application, either in cash or by a certified, treasurer's or cashier's check or money order made payable to Prince George's County, Maryland, the sum of $500.00 to cover publication and hearing costs.

At the public hearing, the hearing examiner shall first hear the applicant in support of the application. The hearing examiner shall then hear any other person supporting the application. The hearing examiner shall then hear any person opposing the application. After the close of all evidence, the hearing examiner shall make a written report to the Director of his findings of fact and recommend action with respect to the application.

Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 225A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or

Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to massage establishments, or on a charge of violating a similar law in any other jurisdiction; or

Made a false statement of the application; or

Has failed to report a change in any of the information required by Section 5-184.05(a) or Section 5-184.08(a) within fourteen (14) days of learning of said change; or

Has violated any provision of Section 5-184.16 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a massage establishment license under this Section.

When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a massage establishment license; or

When the Director determines that a business is a massage establishment required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply.

Lock or secure the premises of the establishment or business or otherwise deny entry thereto;

Seize the premises of the establishment and its furniture, equipment, books, and records;

Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.