[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 1-19-1977
by Ord. No. 177-1. Amendments noted where applicable.]
GENERAL REFERENCES
Businesses generally — See Ch. 120.
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 operator of the business or 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 1,000 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.
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 and 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)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted, the offense
for which convicted and the circumstances thereof.
(7)
A complete set of fingerprints taken and to be retained
on file by the City Manager or his authorized representatives.
(8)
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.
E.
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.
F.
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.
G.
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 and 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)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted, the offense
for which convicted and the circumstances thereof.
(7)
A complete set of fingerprints taken and to be retained
on file by the City Manager or his authorized representatives.
(8)
Diploma, certificate or other written proof of graduation
from a recognized school where the theory, method, profession or work of massage
is taught.
(9)
A statement in writing from a licensed physician in the
state that he has examined the applicant within 30 days of the date of the
application and believes the applicant to be free of all communicable diseases.
C.
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.
D.
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.
A.
Upon receiving the application for a massage business
or masseur's permit, the City Manager shall conduct an investigation
into the applicant's criminal history.
B.
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 assuring
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.
C.
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 45 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 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.
D.
The applicant has had a massage business, masseur 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.
E.
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.
F.
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 1,000 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.
The permit fee for a massage business shall be $150 per year or any
part thereof. The permit fee for masseurs shall be $50 per year or any part
thereof.
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 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.
No massage business and masseur permits are transferable, separate 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 ordinance 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 an 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 7-9-1993 by Ord. No. 793-1]
The provisions of this chapter shall not apply to:
A.
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 on the direction of any such persons
or in any such establishment.
B.
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.
C.
Massage/body work practitioners holding a current, unrevoked
certificate as a massage/body work practitioner by the State of Delaware,
pursuant to 24 Del. C. § 5301 et seq., while engaged in activities
within the scope of their certificates.
D.
Until such time as the state issues certificates pursuant
to 24 Del. C. § 5301 et seq., the City Manager may issue a ninety-day
temporary certificate to a person who would be qualified under said 24 Del.
C. § 5301 et seq.
Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $200 or imprisoned for a term
not to exceed 30 days, or both, for each offense; and, for the provisions
of this chapter, a separate offense shall be deemed to be committed on each
day during or on which a violation occurs or continues.
