[HISTORY: Adopted by the Board of County Commissioners of
Charles County 6-2-2003 by Bill No. 2003-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill was adopted pursuant to the
2002 Maryland Laws, c. 501.
In this chapter, terms that are defined in the state Health
Occupations Article have the same meaning, and the following words
and phrases have the following meanings:
The Maryland State Board of Chiropractic Examiners.
The Charles County Health Department.
The Charles County Health Officer, or the Health Officer's
designee.
"Massage" has the same meaning as "massage therapy" under
§ 3-5a-01 of the Health Occupations Article.
Any business where any employee, agent, or contractor who
is not a certified massage therapist or registered massage practitioner
under state law performs a massage.
An individual who acts as the manager of a massage establishment.
This chapter does not apply to:
A.
An individual with a license, registration or other approval issued
by the Board to provide massage under § 3-5a-05 of the Health
Occupations Article.
B.
An athletic trainer who is certified by a nationally recognized athletic
trainer certification agency identified by the Health Officer and
works under the supervision of a physician while functioning in the
athletic trainers professional capacity:
C.
A business in which every person who performs a massage is a certified
massage therapist or registered massage practitioner under state law.
A.
Massage establishment. A person may not own, conduct, or engage in
the business of a massage establishment without a valid license issued
by the Health Officer. The Health Officer or the Office of the Sheriff
for Charles County, Maryland, may enforce this requirement. The Health
Officer or the Office of the Sheriff for Charles County, Maryland,
may close an unlicensed massage establishment until the business and
each person owning or operating the business obtains a license under
this subsection.
B.
Massage establishment manager. An individual may not manage a massage
establishment without a valid license issued by the Health Officer
pursuant to the provisions of this chapter.
C.
Massage worker. Any person who performs a massage for compensation
and who is not a certified massage therapist or registered massage
practitioner under state law must obtain a massage worker's license
from the Health Officer. An individual may only apply for a license
under this subsection if the individual is expressly exempt under
§ 3-5a-05(a)(2) of the Health Occupations Article from the
certification and registration requirements of that section.
A.
A license to operate a massage establishment may not be transferred
from one person to another.
B.
A license to operate a massage establishment may not be transferred
from one location to another location in the County without the prior
written approval of the Health Officer.
C.
A manager's license may not be transferred from one individual
to another.
D.
A massage worker's license may not be transferred from one individual
to another.
A.
Nature of applicant. An applicant for a massage establishment license
may be an individual, an association or partnership, or a corporation.
(1)
If the applicant is an association or partnership, the required application
information shall be provided for each associate or partner.
(2)
If the applicant is a corporation, the required application information
shall be provided for each officer, director, and, if it is not a
publicly traded corporation, for each stockholder.
(3)
If another corporation, which is not publicly traded, owns 10% or
more of the stock of the applicant's corporation, the required
information shall also be provided for each officer, director and
stockholder of the corporation owning stock.
B.
Each application for a massage establishment license shall be on
a form provided by the Health Officer and shall contain:
(1)
The full name of the applicant.
(2)
The applicant's residence address and residence phone number
at the time of the application and for the three-year period preceding
the date of application.
(3)
The applicant's business address and business phone number at
the time of the application.
(4)
If the applicant is a corporation, the name, business address and
residence address of the resident agent of the applicant corporation.
(5)
A complete set of fingerprints of the applicant taken by the Charles
County Sheriff's Office shall accompany each application.
(6)
The location and mailing address of the proposed establishment shall
be included in each application.
(7)
Each application shall include a description of the facilities and
services to be offered or available on the premises.
(8)
If the applicant for a massage establishment license is not the owner
of the premises, each application shall include a written, notarized
acknowledgment from the owner of the premises approving the use of
the premises as a massage establishment.
(9)
Each application for a massage establishment license shall include
the history of the applicant in the operation of massage establishments,
the administration of massages, or any similar business or occupation,
in any jurisdiction, including whether any permit or license has been
denied, suspended, or revoked and the reason therefor, and the business
activity or occupation of the applicant subsequent to the denial,
suspension, or revocation. Each applicant shall also include copies
of any massage-related licenses or permits from other jurisdictions;
copies of massage-related diplomas or certificates from professional
organizations recognized by the Health Officer.
(10)
The criminal record, if any, other than misdemeanor traffic violations,
of the applicant, including, if the applicant is a corporation, the
applicant's officers, directors, and stockholders, and, if the
applicant is a partnership or association, the applicant's associates
and partners.
(11)
A notarized statement by the applicant, or if the applicant is a
corporation, association or partnership, by an authorized officer,
associate or partner of the applicant, attesting to the truth of the
information provided in the application.
(12)
The application shall include authorization for governmental inspection,
including police inspection, of the premises during the application
process and while the license is in effect.
(13)
The application shall also include any other information considered
necessary by the Health Officer to make a decision on the issuance
of a license under this chapter.
(15)
The application is continuing in nature, and applicant shall furnish
the Health Officer with changes in writing within 30 days of the change.
A.
Each application for a massage establishment manager license shall
be on the form provided by the Health Officer and shall contain:
(1)
The applicant's name, residence address, and telephone number
at the time of the application and for the three-year period preceding
the date of application.
(2)
The applicant's business address and business phone number at
the time of the application.
(3)
The location and mailing address of each massage establishment in
Charles County where the applicant will be working.
(4)
The name of the person who holds the Charles County license to operate
each massage establishment where the applicant will be working.
(5)
All training and experience of the applicant in administering massages
and managing massage establishments, including but not limited to
any licenses to administer massages or to manage or operate a massage
establishment, or diplomas or certificates from professional organizations
recognized by the Health Officer.
(6)
The names and addresses of each massage establishment where the applicant
has been employed, and the dates of employment. If the applicant has
not been employed by a massage establishment, the names and addresses
of the applicant's employers during the three years preceding
the application.
(7)
The criminal record of the applicant, if any, other than misdemeanor
traffic offenses.
(8)
Information as to whether any license to administer massages or manage
or operate a massage establishment has previously been denied, suspended,
or revoked and, if so, the circumstances for denial, suspension, or
revocation.
(9)
A complete set of the applicant's fingerprints taken by the
Charles County Sheriff's Office.
(10)
Written proof that the applicant is at least 18 years old.
(11)
A certificate from a licensed physician stating that the physician,
within 30 days immediately preceding the date of application, examined
the applicant and the applicant is free of disease communicable by
respiration or physical contact.
(12)
Three color photographs of the applicant, not more than two inches
square, taken by the Office of the Sheriff.
(13)
Documentation supporting the individual's legal authority to
work in the United States.
(14)
A notarized statement by the applicant attesting to the truth of
the information provided on the application.
C.
The application is continuing in nature, and the applicant shall
furnish the Health Officer with changes in information within 30 days
from the date of the change.
A.
Each application for a massage worker's license shall be on
the form provided by the Health Officer and shall contain:
(1)
The full name of the applicant;
(2)
The applicant's residence address, residence phone number at
the time of application and for the three-year period preceding the
date of application;
(3)
The applicant's business address and business phone number at
the time of application;
(4)
A complete set of fingerprints of the applicant taken by the Charles
County Sheriff's Office;
(5)
The location and mailing address of each massage establishment in
Charles County where the applicant will be working;
(6)
The name of the person who holds the Charles County license to operate
each massage establishment where the applicant will be working;
(7)
A description of the applicant's training and experience, including
any licenses to administer massages or to manage or operate a massage
establishment or diplomas or certificates from professional organizations
recognized by the Health Officer;
(8)
The names and addresses of each massage establishment where the applicant
has been employed and the dates of employment. If the applicant has
not been employed by a massage establishment, the names and addresses
of the applicant's employer's during the three years preceding
the date of application;
(9)
The applicant shall include information regarding any massage-related
permit or license which has been denied, suspended or revoked, the
reasons for the denial, suspension or revocation;
(10)
The applicant shall include the criminal record, if any, other than
misdemeanor traffic violations;
(11)
The applications shall include written proof that the applicant is
at least 18 years of age;
(12)
A certificate from a licensed physician stating that the physician,
within 30 days immediately preceding the date of application, examined
the applicant and the applicant is free of disease communicable by
respiration or physical contact;
(13)
Three color photographs of the applicant, not more than two inches
square, taken by the Office of the Sheriff for Charles County:
(14)
The application shall include documentation supporting the individual's
authority to work in the United States; and
(15)
A notarized statement by the applicant attesting to the truth of
the information provided on the application.
C.
The application is continuing in nature, and the applicant shall
furnish the Health Officer with changes in information within 30 days
from the date of the change.
A.
Upon receipt of the application and fee as provided for in this chapter,
the Health Officer shall, with the assistance of the Charles County
Sheriff's Office, review each application and must conduct a
prelicensing inspection of any massage establishment. The Health Officer
may conduct other inspections necessary to enforce this chapter.
B.
The Health Officer shall forward a copy of each application for license
under this chapter to the Charles County Sheriff's Office, which
shall investigate the background and character of the applicant and
all associated persons identified in the application. The Office of
the Sheriff shall report its findings to the Health Officer.
C.
The Health Officer shall forward a copy of each application for a
massage establishment license to the Fire Marshal, and the Office
of Planning and Growth Management, which shall inspect the property
to determine whether the premises and proposed use are in compliance
with applicable fire codes, zoning, building codes and health laws,
and report their findings to the Health Officer.
A.
The Health Officer may refuse to issue a license under this chapter
and may suspend or revoke a license issued under this chapter, after
a hearing for which reasonable notice has been given, if the licensee
or applicant:
(1)
Violates any provision of this chapter;
(2)
Submits fraudulent information in support of a license application
under this section;
(3)
Is convicted of, or pleads guilty or nolo contendre to, or is ordered
to serve a period of probation after being d with:
(4)
Habitually uses any drug or alcoholic beverage to an extent that
impairs professional performance; or
(5)
Is grossly negligent in the performance of massage.
A.
Notice. After finding that one or more grounds for denial, suspension
or revocation of a license could exist, the Health Officer may serve
written notice on the licensee or applicant in person or by regular
mail, postage prepaid, addressed to the person's last known address
as maintained in the Health Officer's file. Service on that person
by mail is effective three days after mailing. The Health Officer
must also post a written notice at a conspicuous place on the establishment
for which the license was or would be issued. The written notice must,
at a minimum:
(1)
State that the Health Officer has found the licensee or applicant
may be subject to denial, suspension or revocation;
(2)
Identify the specific grounds for the Health Officer's finding;
and
(3)
Set a date for a hearing on denial of the application or suspension
or revocation of the license. The hearing must be held not less than
five days after service of the Health Officer's notice unless
the parties agree to an earlier date.
B.
Hearing. The Health Officer or designee may conduct the hearing.
At the hearing, the licensee or applicant may present evidence and
witnesses to refute the grounds cited by the Health Officer for denying
the application or suspending or revoking the license, and the County
and any other person may submit relevant evidence. The relevant records
of the Department are part of the hearing record. Within three business
days after the hearing closes, the person conducting the hearing must
render a decision in writing, setting forth the reasons for the decision.
That decision is final and is subject to judicial review under the
Maryland Rules for Review of Administrative Decisions. The Health
Officer shall send a copy of the decision to the applicant or licensee.
C.
Failure to appear. A licensee or applicant who after notice does
not appear at a hearing waives the right to a hearing and consents
to the action that the Health Officer proposed in the notice. The
Health Officer may deny the application or suspend or revoke the license
as proposed in the notice.
D.
Notice and effective date of suspension or revocation. The Health
Officer's written decision must be posted at the office of the
Health Officer and must be served on the licensee or applicant in
person or by regular mail, postage prepaid, addressed to the applicant
or licensee's last known address as maintained in the Department's
files. The Health Officer must also post a written notice of the decision
at a conspicuous place on the establishment for which the license
was or would be issued. A suspension or revocation takes effect on
the day the Health Officer's decision is delivered in person
or posted, whichever occurs first. To facilitate enforcement of this
provision, the Health Officer may require the applicant or licensee
to appear at the Health Officer's office at a specific time to
receive a copy of the decision and be prepared to surrender the license.
If a licensee or applicant does not appear to receive the Health Officer's
decision, the Health Officer's decision is effective on the date
and time the licensee or applicant was directed to appear.
E.
Surrender of license and security. When a license is suspended or
revoked, the Health Officer must take custody of the suspended or
revoked license.
(2)
If the Department does not receive a suspended or revoked license
within 48 hours after notification, excluding weekends and legal holidays,
or as otherwise directed, the holder of the license violates this
section. In addition to any other penalties that may be imposed, the
Health Officer or police may:
A.
Any person aggrieved by the denial, suspension, or revocation of
any license under this chapter may seek judicial review under the
Maryland Rules for Review of Administrative Decisions.
B.
The Health Officer's decision to deny a license must not be
stayed pending appeal. Final administrative action that revokes or
suspends a license may be stayed pending appeal only if:
It shall be the responsibility of the owner of the massage establishment
to carry out the requirements of this chapter. Where the owner of
the massage establishment delegates duties to a manager, the manager,
along with the owner, is responsible to carry out the requirements
of this chapter.
A.
A person may not own or operate a massage establishment without obtaining
a massage establishment license. This requirement may be enforced
by the Health Officer or the Charles County Sheriff's Office.
B.
The Health Officer or the Charles County Sheriff's Office may
close an unlicensed massage establishment until the business and each
person owning or operating the business and each massage worker obtains
a license under this chapter.
C.
Any massage establishment must have a license issued by the Health
Officer under this chapter. The licensee is the owner of the establishment.
If the owner is not an individual, the owner must designate on the
application an individual as the owner's representative. The
owner's representative must consent on the application to be
so designated. The representative must accept any notice sent to the
owner under this chapter. If the owner does not pay any fine, penalty
or fee due under this chapter, the Health Officer may collect the
fine, penalty or fee from the owner's representative. The owner
must not designate an individual as its representative under this
subsection if the individual is not qualified to receive a manager's
license.
D.
Each massage establishment shall have a legible sign posted at the
main entrance identifying the premises as a massage establishment
with the words "licensed massage establishment."
F.
The licensee or a licensed manager must be on the premises at all
times while the establishment is occupied;
G.
A massage establishment must meet the minimum standards set forth
by this chapter and by the Health Officer at all times;
I.
Any person who operates a massage establishment must not allow a
person of one gender to massage a person of another gender unless
the person who performs the massage is a certified massage therapist
or registered massage practitioner under state law;
J.
Any person who operates a massage establishment must permit the Health
Officer or the Charles County Sheriff's Office to enter the massage
establishment at any time during operating hours and at any other
time in an emergency or when the establishment is occupied;
K.
No person may reside in a massage establishment;
L.
All employees shall wear opaque clothing that completely covers their
trunk and erogenous areas. Employees and workers shall not uncover
their erogenous areas;
M.
The erogenous areas of the customer shall remain covered at all times;
N.
A person may not massage or offer to massage the erogenous areas
of the customer;
O.
A massage establishment may not cause, encourage, or allow:
P.
A person may not offer a massage for compensation before 7:00 a.m.
or after 10:30 p.m.
A.
The Health Officer shall periodically inspect the premises of every
massage establishment and other business offering or performing massages
to ensure compliance with this chapter.
B.
The Health Officer, Charles County Sheriff, the LaPlata Town Chief
of Police, the Fire Marshal, the Director of Planning and Growth Management,
the Investigator, Board of Chiropractic Examiners, Massage Therapy
Advisory Committee, Maryland Department of Health and Mental Hygiene,
and their authorized representatives, on the exhibiting of proper
credentials on request, may enter any massage establishment without
the consent of the owner or occupant at any time during business or
operating hours for the purpose of performing their duties under this
chapter or to enforce its provisions. The premises may be inspected
outside of business or operating hours as may be necessary in any
situation that may pose an immediate threat to life, property, or
public safety.
C.
Persons authorized to inspect the premises shall be admitted immediately
upon request.
D.
Inspectors may enter a room or cubicle in which a customer is or
is presumed to be currently receiving a massage only after knocking
on the door, if there is a door, and verbally identifying themselves
by their name and job title and announcing they are about to enter
for the purpose of inspecting the room or cubicle.
E.
If the Health Officer, the Sheriff, the Chief of Police, the Fire
Marshal, the Director of Planning and Growth Management, the Investigator,
Board of Chiropractic Examiners, Massage Therapy Advisory Committee,
Maryland Department of Health and Mental Hygiene, or their authorized
representatives, are denied entry to any massage establishment at
any reasonable time, the Health Officer and/or the Sheriff's
Office may immediately suspend the license of the massage establishment.
F.
This section does not restrict or limit the right of entry vested
in any law enforcement agency.
A.
The Health Officer shall order an unlicensed massage establishment
to close immediately. The massage establishment shall not reopen until
the establishment, its manager and its workers are licensed pursuant
to this chapter.
B.
The Health Officer shall order that an unlicensed manager or an unlicensed
worker may no longer work in a massage establishment until the individual
is licensed pursuant to this chapter.
C.
Upon closing an establishment pursuant to Subsection A of this section, the Health Officer shall post a notice on the premises of the establishment stating that it is closed for lack of licensing and may reopen whenever the Department issues a license.
D.
Civil penalties.
(1)
The Health Officer may enforce the provisions of this chapter through
injunctive proceedings, action for specific performance, or any other
appropriate proceeding.
(2)
A person who violates any provision of this chapter is subject to
civil fines.
(3)
A licensee shall be subject to a civil fine of $500 per day for each
day that the licensee operates in violation of an order suspending
or revoking its license. The Court may impose these fines as ancillary
relief in the injunctive proceedings or as damages in separate civil
proceedings.
E.
Remedies cumulative. The remedies available to the County and the
Health Officer under this chapter are cumulative and not exclusive.
If any part of this chapter is held invalid, the invalidity
shall not affect the other parts.
