[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.
EMPLOYEE
MASSAGE
MASSEUR
PATRON
RECOGNIZED SCHOOL
As used in this chapter, the following terms shall have
the meanings indicated:
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.
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 defined herein.
The use of the masculine gender shall include in all cases the female 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 Town Manager
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 pursuant to the provisions of this chapter.
Any person desiring a massage business permit shall file a written application
with the Town Manager on a form to be furnished by the Town Manager. 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.
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.
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.
