Sec. 5-184.09. Investigation of applicant for massage establishment license, operator or manager's license, or massage technician license; grounds for denial of application; continuing investigations

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.