[HISTORY: Adopted by the Harford County Council
by Bill No. 78-71.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 58.
Peace and good order — See Ch. 193.
Zoning — See Ch. 267.
[1]
Editor's Note: This legislation was included
as Ch. 13, Art. III, of the 1978 Code.
As used in this chapter, the following terms
shall have the meanings indicated:
The Department of Licenses and Permits.
The administration by any person of any method of exerting
or applying pressure, friction, moisture, heat or cold to the human
body or the rubbing, stroking, kneading, pounding or tapping of the
human body by any physical or mechanical means for any form of consideration.
Any building, place or operation wherein a massage is administered
or permitted to be administered for any form of consideration.
Any person who administers a massage for any form of consideration.
It shall be unlawful for any person to maintain, operate or conduct a massage establishment within Harford County without a license issued by the Department of Licenses and Permits, unless exempted in § 166-3.
This chapter shall not apply to:
A.
Physicians, surgeons, osteopaths, chiropractors or
therapists, who are duly licensed to practice their respective professions
in the State of Maryland or who are permitted to practice temporarily
under the auspices of an associate or establishment duly licensed
in the State of Maryland, while in the course of their licensed business
or profession.
B.
Nurses and practical nurses, who are registered under
the laws of this state and operating under a physician's direction.
C.
Any duly licensed hospital, medical clinic or nursing
home.
D.
A trainer of any duly constituted athletic team while
in the normal course of his duties.
E.
Any bona fide health spa or health club offering or
providing massages solely incidental to the furnishing of facilities
for and instruction in physical fitness and actually occupying premises
of not less than three thousand (3,000) square feet, of which not
more than ten percent (10%) is used for massages.
F.
Any corporation or association which is organized
and operated exclusively for social or athletic purposes and which
offers or provides massages solely incidental to the furnishing of
facilities for such purposes and which actually occupies premises
of not less than three thousand (3,000) square feet, of which area
not more than ten percent (10%) is used for massages.
It shall be unlawful for any person to maintain, operate or conduct a massage establishment or to employ or otherwise allow any individual to perform as a massagist and to allow any individual to perform as a massagist, unless such individual shall have first been duly registered as a massagist for that particular massage establishment [except as] exempt in § 166-3.
A.
Applicants for a license under § 166-2 shall file upon a form provided by the Department of Licenses and Permits a signed application, subject to the law relating to perjury, setting forth the following information:
(1)
A definition of the service to be provided.
(2)
The address where it is proposed to conduct the business
for which application is made.
(3)
The name, local and permanent addresses and local
telephone number of each applicant.
(4)
If the applicant is a corporation, the state of corporation,
the name and residence address 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 and the address of the corporation
itself, if different from the address of the massage establishment.
(5)
If the applicant is a partnership, the name and residence
address of each of the partners, including limited partners, and the
address of the partnership itself, if different from the address of
the massage establishment.
(6)
A photograph, at least two by two (2 x 2) inches in
size, showing the head and shoulders of the applicant in a clear and
distinguishing manner.
(7)
A description, including the height, weight, age,
date of birth, color of hair and eyes and other distinguishing physical
characteristics of the applicant.
(8)
A statement indicating whether the applicant has ever
been licensed to practice or carry on the same business and, if so,
when and where it was last practiced or carried on.
(9)
A statement that the applicant has never been convicted
of any crime, motor vehicle laws excepted, or convicted of violation
of any municipal code or ordinance; and if so convicted, the nature
of the offense and the punishment or penalty imposed.
(10)
The number of rooms to be occupied by the business,
together with a drawing of the interior arrangement and a list of
the proposed equipment with a brief description of each piece of proposed
equipment.
(11)
The name and address of each massagist who is or will
be employed in said establishment, together with a statement of his/her
individual qualifications and the name and address of the last place
of business where each individual worked.
B.
The sum of twenty-five dollars ($25.) shall accompany
the application to reimburse the county for the cost of investigation,
which sum shall be retained by the county whether the license is granted
or denied.
C.
An application for a successor license shall be filed
with the Department of Licenses and Permits before April 1 of each
year.
If the recommendation of the Department of Licenses
and Permits, after investigation, is that the applicant not be licensed,
the Department of Licenses and Permits shall state the reasons therefor
in writing. The applicant may appeal the decision of the Department
of Licenses and Permits to a court of competent jurisdiction.
If the recommendation of the Department of Licenses
and Permits is favorable, the Department of Licenses and Permits shall,
upon payment of a license fee in the sum of fifty dollars ($50.),
issue a license to the applicant. Every license so granted shall terminate
on the first day of July annually, or until a successor license is
issued or denied by the Department of Licenses and Permits. The Department
of Licenses and Permits shall issue a certificate of license, which
shall at all times be prominently displayed inside the massage establishment.
No massage establishment license shall be transferable.
A.
It is unlawful for any person maintaining, operating
or conducting a massage establishment to:
(1)
Remain open or provide services any time between the
hours of 12:00 midnight and 8:00 a.m.
(2)
Provide treatment at the same time to persons of the
opposite sex in the same room or quarters.
(3)
Provide to any person at any time any service which
the Department of Health and Mental Hygiene may reasonably consider
to be dangerous to health or safety.
B.
No person conducting a massage establishment shall
tolerate on the premises any activity or behavior prohibited by the
laws of the state, particularly, but not exclusively, those sections
within Article 27 of the Annotated Code of Maryland proscribing prostitution,
sodomy, perverted sexual practices, a bawdy place, adultery, fornication,
any lewd and lascivious cohabitation and all laws relating to obscene
matter.
C.
No person conducting a massage establishment shall
tolerate in his establishment any activity or behavior which violates
this chapter, particularly, but not exclusively, those sections which
parallel the state statutes on immorality and obscenity detailed above.
D.
Any person violating the provisions of this section
shall, upon conviction, be punished as hereinafter provided in this
chapter, and, in addition to such penalty, it shall be the duty of
the Department of Licenses and Permits to revoke the license of the
establishment wherein the provisions of this section shall have been
violated.
Any massage establishment and its equipment,
records and methods of operation shall be open during working or business
hours to inspection by representatives of Harford County to make regular
inspection of such licenses, and a report of such inspection shall
be made to the respective department heads in writing. Denial of entry
of such inspectors during business hours shall be cause for revocation
of the license.
Whenever the Department of Licenses and Permits
believes that any licensed massage establishment or registered massagist
has violated any of the provisions of this chapter or the rules and
regulations promulgated by the Department of Licenses and Permits
or is not qualified to hold a license, it may revoke or suspend the
license.
Upon application, the Department of Licenses
and Permits may issue a temporary massage establishment license to
any applicant who was, upon the effective date of this chapter, the
owner or operator of such an establishment in Harford County, pending
review and investigation of the application submitted herein. Such
temporary license shall remain in effect for a period of thirty (30)
days or until issuance of the permanent license applied for. If the
application for the permanent license is denied, said temporary license
shall immediately expire and shall be of no further force or effect.
A.
Any person violating any provision of this chapter
or failing to comply therewith is guilty of a misdemeanor punishable,
upon conviction, by a fine not to exceed one thousand dollars ($1,000.)
or imprisonment not to exceed six (6) months, or by both such fine
and imprisonment. Each day that a violation continues is deemed to
be a separate offense.
B.
Conviction for any violation of the provisions of
this chapter shall constitute cause of immediate revocation of the
license.
