[HISTORY: Adopted by the City Council of the City of Lewes 2-14-1977. Amendments noted where applicable.]
It shall be unlawful for any person to engage in or carry on
the business of massage within the corporate limits of the City of
Lewes without first submitting a written application and obtaining
a permit from the City Manager.
Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this section shall govern
the construction, meaning and application of words and phrases used
in this chapter.
Any person over 18 years of age, other than a masseur, who
renders any service in connection with the operation of a massage
business and receives compensation from the operation of the business
or from the patrons.
Any method of treating the superficial parts of a patron
for medical, hygienic, exercise or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands or any instrument, or by the application of air, liquid
or vapor baths of any kind whatever.
Any person who engages in the practice of massage as herein
defined. The use of the masculine gender shall include in all cases
the feminine gender as well.
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession or work of massage,
which school requires a resident course of study of not less than
70 hours before the student shall be furnished with a diploma or certificate
of graduation from such school following the successful completion
of such course of study or learning.
A.
No person shall engage in or carry on the business of massage unless
he has a valid massage business permit issued by the City pursuant
to the provisions of this chapter for each and every separate office
or place of business conducted by such person.
B.
No person shall practice massage as a masseur, employee or otherwise
unless he has a valid and subsisting masseur's permit issued
to him by the City pursuant to the provisions of this chapter.
Any person desiring a massage business permit shall file a written
application with the City Manager on a form to be furnished by the
City Manager. The applicant shall accompany the application with a
tender of the correct permit fee as hereinafter provided and shall,
in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers where the business
is to be conducted.
D.
A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence address of
the manager or other person principally in charge of the operation
of the business.
E.
The following personal information concerning the applicant, if an
individual, and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation, and concerning the partners, including
limited partners, if the applicant is a partnership, and concerning
the manager or other person principally in charge of the operation
of the business:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes.
(5)
Two front face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience, including
but not limited to whether or not such person in previously operating
in this or another City or state under license or permit has had such
license or permit denied, revoked or suspended and the reason or reasons
therefor, and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by
the City Manager of his authorized representatives.
(9)
Diploma, certificate or other written proof of graduation from a
recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
F.
Such other information, identification and physical examination of
the person as shall be deemed necessary by the City Manager to discover
the truth of the matters hereinbefore required to be set forth in
the application.
G.
Authorization for the City, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit.
H.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
I.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the City.
Any person desiring a masseur's permit shall file a written
application with the City Manager on a form to be furnished by the
City Manager. The applicant shall tender with the application the
correct permit fee as hereinafter provided and shall, in addition,
furnish the following:
A.
The business address and all telephone numbers where the massage
is to be practiced.
B.
The following personal information concerning the applicant:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes.
(5)
Two front-face portrait photographs taken within 30 days of the date
of application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience, including
but not limited to whether or not such person in previously operating
in this or another City or state under license or permit has had such
license or permit denied, revoked or suspended and the reason therefor
and the business activities or occupations subsequent to such action
or denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by
the City Manager or his authorized representatives.
(9)
Diploma, certificate or other written proof of graduation from a
recognized school where the theory, method, profession or work of
massage is taught.
(10)
A statement in writing from a licensed physician in the state that
he has examined the applicant and believes the applicant to be free
from all communicable diseases.
C.
Such other information, identification and physical examination of
the person deemed necessary by the City Manager in order to discover
the truth of the matters hereinbefore required to be set forth in
the application.
D.
Authorization of the City, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit.
E.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the City.
Upon receiving the application for a massage business or masseur's
permit, the City Manager shall conduct an investigation into the applicant's
moral character and personal and criminal history. The City Manager
may, in his discretion, require a personal interview of the applicant
and such further information, identification and physical examination
of the person as shall bear on the investigation. In the case of applications
for massage business permits, the City Manager shall cause to be conducted
an investigation of the premises where the massage business is to
be carried on for the purposes of ascertaining that such premises
comply with all the sanitation requirements as set forth in this chapter
and with the regulations of public health, safety and welfare. Before
any permit shall be issued under this chapter, the City Manager shall
first sign his approval of the application.
The City Manager shall issue a massage business permit within
five days of receipt of the application unless he finds that:
A.
The correct permit fee has not been tendered to the City and, in
the case of a check or bank draft, honored with payment upon presentation.
B.
The operation as proposed by the applicant, if permitted, would not
comply with all applicable laws, including but not limited to the
City's building, zoning and health regulations.
C.
The applicant, if an individual, or any of the stockholders holding
more, than 10% of the stock of the corporation, any of the officers
and directors, if the application is a corporation, or any of the
partners, including limited partners, if the applicant is a partnership,
and the manager or other person principally in charge of the operation
of the business has been convicted of any crime involving dishonesty,
fraud or deceit, unless such conviction occurred at least two years
prior to the date of the application.
D.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the City in conjunction therewith.
E.
The applicant has had a massage business, masseur's or other
similar permit or license denied, revoked or suspended for any of
the above causes by the City or any other state or local agency within
two years prior to the date of the application.
F.
The applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business
is not over the age of 18 years.
G.
The manager or other person principally in charge of the operation
of the business has not successfully completed a resident course of
study or learning of not less than 70 hours from a recognized school
where the theory, method, profession or work of massage is taught.
The massage business permittee shall display his permit and
that of each and every masseur employed in the establishment in an
open and conspicuous place on the premises of the massage business.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The permit fee as specified on the City’s website shall
be paid.
Any massage business or masseur's permit issued under this
chapter shall be subject to suspension or revocation by the City Manager
for violation of any provision of this chapter or for any ground or
grounds that would warrant the denial of issuance of such permit in
the first place. The City Manager, upon such revocation or suspension,
shall state his reasons in writing, specifying the particular grounds
for such revocation or suspension.
Every person who operates a massage business or practices or
provides a massage shall at all times keep an appointment book in
which the name of each and every patron shall be entered, together
with the time, date and place of service and the service provided.
Such appointment book shall be available at all times for inspection
by the City Manager or his authorized representatives.
No massage business and masseur permits are transferable, separable
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein.
All premises used by permittees hereunder shall be periodically
inspected by the City Manager or his authorized representatives for
safety of the structure and adequacy of plumbing, ventilation, heating
and illumination. The walls shall be clean and painted with washable,
mold-resistant paint in all rooms where water or steam baths are given.
Floors shall be free from any accumulation of dust, dirt or refuse.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Towels, linen and items for personal
use of operators and patients shall be clean and freshly laundered.
Towels, cloths and sheets shall not be used for more than one patron.
Heavy white paper may be substituted for sheets, provided that such
paper is changed for every patron. No massage service or practice
shall be carried on within any cubicle, room, booth or any area within
a massage establishment which is fitted with a door capable of being
locked. Nothing contained herein shall be construed to eliminate other
requirements of statute or of any other ordinance of the City of Lewes
concerning the maintenance of premises nor to preclude authorized
inspection thereof.
A permittee shall have the premises supervised at all times
when open for business. Any business rendering massage services shall
have one person who qualifies as a masseur on the premises at all
times while the establishment is open. The permittee shall personally
supervise the business and shall not violate or permit others to violate
any applicable provision of this chapter. The violation of any such
provision by any agent or employee of the permittee shall constitute
a violation by the permittee.
No person shall permit any person under the age of 18 years
to come or remain on the premises of any massage business establishment
as masseur, employee or patron, unless such person is on the premises
on lawful business.
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept any alcoholic beverage
on the premises of any massage business.
[Amended 9-12-1994]
The provisions of this chapter shall not apply to hospitals,
nursing homes, sanitariums or persons holding an unrevoked certificate
to practice the healing arts under the laws of the State of Delaware
or persons working under the direction of any such persons or in any
such establishment, nor shall the provisions of this chapter apply
to barbers or cosmetologists lawfully carrying out their particular
profession or business and holding a valid, unrevoked license or certificate
of registration issued by the State of Delaware; nor shall the provisions
of this chapter apply to persons certified as massage/bodywork practitioners
pursuant to 24 Delaware Code, Chapter 53, the Massage/Bodywork Practitioners
Act.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this chapter continues shall
be deemed and taken to be a separate and distinct violation.
