[HISTORY: Adopted by the Town Council of the Town of Millsboro at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
A. 
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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
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 its patrons.
MASSAGE
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.
MASSEUR
Any person who engages in the practice of massage, as defined herein. The use of the masculine gender shall include in all cases the female gender as well.
PATRON
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.
RECOGNIZED SCHOOL
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.
[Amended 11-4-2024]
A. 
No person shall engage in or carry on the business of massage unless he has a valid massage business permit issued by the Town Manager or his/her designee 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 by the Town Manager or his/her designee pursuant to the provisions of this chapter.
[Amended 11-4-2024]
Any person desiring a massage business permit shall file a written application with the Town Manager or his/her designee on a form to be furnished by the Town Manager or his/her designee. The applicant shall accompany the application with the 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 application 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 previously operating in this or another municipality or state under license or permit has had the license or permit revoked, denied or suspended, and the reason or reasons therefor, and the business activities or occupations subsequent to such action of suspension, denial 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 Town Manager or his authorized representative.
(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 Town Manager to discover the truth of the matters hereinbefore required to be set forth in the application.
G. 
Authorization for the Town of Millsboro, its agents or 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 name and address 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 Town of Millsboro.
Any person desiring a masseur's permit shall file a written application with the Town Manager on a form to be furnished by the Town 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 number.
(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 municipality 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 Town Manager or his authorized representative.
(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 of Delaware that he has examined the applicant and believes the applicant to be free of all communicable diseases.
C. 
Such other information, identification and physical examination of the person deemed necessary by the Town Manager in order to discover the truth of the matters hereinbefore required to be set forth in the application.
D. 
Authorization for the town, 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 Town of Millsboro.
Upon receiving the application for a massage business or masseur's permit, the Town Manager shall conduct an investigation into the applicant's moral character and personal and criminal history. The Town 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 Town Manager shall cause to be conducted an investigation of the premises where the massage business is to be carried on for the purpose of ascertaining that such premises comply with all 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 Town Manager shall first sign his approval of the application.
The Town 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 town 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 town'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, 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 any 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 on the permit application or in any document required by the Town Manager in conjunction therewith.
E. 
The applicant has had a massage business, masseur's or other similar permit denied, revoked or suspended for any of the above causes by the Town of Millsboro, or any other municipality or any other state 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 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 fees for massage businesses and for masseurs shall be the amounts per year, or any part thereof, as set forth from time to time by the Town Council.
Any massage business or masseur's permit issued under this chapter shall be subject to suspension or revocation by the Town Manager for a violation of any provision of this chapter, or upon any ground or grounds that would warrant the denial of the issuing of such permit in the first instance. The Town Manager, upon such revocation or suspension, shall state his reasons in writing, specifying the particular ground or 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 Town Manager or his authorized representatives.
No massage business and no masseur's permit is transferable, separable or divisible, and such authority as a permit confers shall be conferred only on the permittee.
All premises used by permittees hereunder shall be periodically inspected by the Town Manager, or his authorized representatives, for safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The walls shall be cleaned 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 business shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons 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 any statute of the State of Delaware nor of any ordinance of the Town of Millsboro 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 when 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.
[Amended 11-4-2024]
No person shall permit any person under the age of 18 years to come or remain upon the premises of any massage business establishment as masseur, employee or patron, unless such person is on the premises on lawful business. A person under the age of 18 years shall be permitted to come or remain upon the premises of any massage business establishment for the purpose of obtaining a massage, provided such minor is accompanied by a parent or guardian or other person having custody of such minor.
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 4-3-2000]
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, nor to persons working under the direction of any such person, nor 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. 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 $25 nor more than $100 or imprisoned for a term not to exceed 30 days, or both, for each offense, and for the purposes of this chapter, a separate offense shall be deemed to be commenced on each day during or on which a violation occurs or continues.