[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 1-5-1976. Amendments noted where applicable.]
Whereas it has been determined by the Mayor
and Council for the City of Hagerstown that there has been an increase
in the number of massage businesses or establishments in the City
of Hagerstown and that the unregulated proliferation of such establishments
would be contrary to the public interest, therefore the Mayor and
Council has determined that the licensing and regulation of such businesses
or establishments is required to properly protect the public health,
safety and general welfare of the citizens of the community.
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, 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 from patrons.
The pubic area, penis, scrotum, vulva, perineum or anus.
Any method of treating the external superficial parts or
internal parts of a patron for medical, hygienic, exercise or relaxation
purposes, including but not limited to 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 whatsoever, alcohol rub or similar treatment, electric or
magnetic treatment, physiotherapy or manipulation.
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 who receives a massage.
Any individual, firm, partnership, corporation, company,
association, joint-stock association or legal entity of whatsoever
kind or nature.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession or work of massage
and which is recognized by the American Massage Therapy Association.
A.
Business permit required. No person shall engage in
or carry on the business of massage unless he or she 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.
Masseur's permit required. No reason shall practice
massage as a masseur, employee or otherwise unless he or she has a
valid and subsisting masseur's permit issued to him or her by the
City pursuant to the provisions of this chapter.
C.
Existing establishments. Upon application, the Chief
of Police shall issue a temporary massage business permit to any applicant
who was, upon the effective date of this chapter, the owner or operator
of such an establishment in the City of Hagerstown. Such temporary
permit shall remain in effect for a period of 30 days or until the
issuance of the permanent permit, whichever is sooner. If the application
for the permit is denied, said temporary permit shall immediately
expire and be of no further force and effect.
Any person desiring a massage business permit
shall file a written application with the Chief of Police on a form
furnished by the City Clerk. The applicant shall accompany the application
with a tender of the correct permit fee to the City Clerk, 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; and if one or more of the stockholders
owning more than 10% of the applicant corporation is itself a corporation,
the names and residence addresses of each of the officers and directors
of said corporation and of each stockholder owning more than 10% of
the stock of said corporation:
(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, and sex.
(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 City 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 of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted,
the offense for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained
on file by the Police Chief or his authorized representatives.
(9)
A 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 Police
Chief to discover the truth of the matters hereinbefore required to
be set forth in the application.
G.
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.
H.
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.
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 City.
Any person desiring a masseur's permit shall
file a written application with the Police Chief on a form to be furnished
by the City Clerk. The applicant shall tender with the application
the correct permit fee to the City Clerk, 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, color of hair and eyes, and sex.
(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 City 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 of denial, suspension or revocation.
(7)
All criminal convictions other than minor traffic
violations, fully disclosing the jurisdiction in which convicted,
the offense for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained
on file by the Police Chief or his authorized representatives.
(9)
A 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 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 as shall be deemed necessary by the Police
Chief in order to discover the truth of the matters hereinbefore to
be set forth in the application.
D.
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.
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 City.
A.
Upon receiving the application for a massage business
or masseur's permit, the Police Chief shall conduct an investigation
into the applicant's moral character and personal and criminal history.
The Police Chief 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.
B.
In the case of applications for massage business permits,
the Police Chief shall cause to be conducted an investigation of the
premises where the massage business is to be carried on for the purpose
of assuring that such premises comply with all the sanitation requirements
as set forth in this chapter and with all other applicable laws, including
but not limited to all federal, state and City building, fire, safety
and health regulations.
C.
Before any permit shall issue under this chapter,
the Police Chief shall first sign his approval of the application.
The Police Chief 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, 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; or the manager or other person principally in charge
of the operation of the business, has been convicted of any crime,
other than minor traffic violations, unless such conviction occurred
at least five years prior to the date of the application.
D.
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.
E.
The applicant has had a massage business, masseur
or other similar permit or license denied by the City or any other
state or local agency within five 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, are 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 from a recognized school where
the theory, method, profession or work of massage is taught.
This chapter shall be construed to be applicable
to all persons as defined herein, whether profit or nonprofit in nature,
except as hereinafter provided.
The provisions of this chapter shall not apply
to hospitals, nursing homes, sanatoriums or persons holding an unrevoked
certificate to practice the healing arts under the laws of the state
or persons working under the direction of any such persons or in any
such establishment, nor shall 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.
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.
A.
The permit fee for a massage business shall be $1,000
per year, due and payable on the first day of January of each calendar
year. In the event that a permit shall be issued during the period
from January 1 up to and including June 30 of a calendar year, the
permit fee for a massage business shall be $1,000. In the event that
a permit is issued at any time during a calendar year from July 1
up to and including December 31, the permit fee for that calendar
year shall be $500.
B.
The permit fee for masseurs shall be $25 per year,
payable upon application. There shall be no proration of a masseur's
permit fee regardless of when issued. In the event that a masseur's
permit is denied, there shall be no refund of the $25 dollar fee referred
to herein.
C.
In the event that the application for a permit for
a massage business shall be refused, then the application fee as tendered
in accordance with the applicable provisions of this chapter shall
be refundable up to and including the total sum of $750. $250 shall
be retained by the City to cover investigation and administrative
expenses.
D.
The permits and fees required herein shall not be
in lieu of but shall be in addition to any licenses, taxes or permits
now required by the State of Maryland, county, City or any administrative
agency thereof.
A.
The term of a massage business permit and masseur's
permit shall be for a period of one year or any portion thereof to
the time of the annual permit fee being due and payable.
B.
The application shall be made by holders of massage
business permits and masseur's permits no later than 45 days prior
to the expiration of said permit. The application shall be made in
accordance with the provisions of this chapter, and all provisions
of this chapter shall apply to renewals in the same manner as they
apply to original applications.
A.
No massage business or masseur permits are transferable,
separate or divisible, and such authority as a permit confers shall
be conferred only on the permittee named therein.
B.
No massage business permit shall be applicable to
any other location other than that location set forth in the initial
application under the terms of this chapter.
A.
All premises used by permittees hereunder shall be
periodically inspected by the Police Chief 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 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.
B.
Nothing contained herein shall be construed to eliminate
other minimum requirements of federal, state, county or City ordinances
or regulations pertaining or applicable to the maintenance, control
and operation of said premises nor to preclude any authorized inspections
thereof by either the Building Inspector, Health Department or Fire
Department or any other authorized inspections.
C.
The premises used by permittees hereunder shall be
subject to the right of entry and examination by the Chief of Police
or his duly authorized agents or representatives or any other persons
authorized to inspect premises of this nature as hereinabove set forth,
during business hours.
D.
This section shall not restrict or limit the right
of entry vested in any law enforcement agency other than herein set
forth.
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 massage business
permittee shall personally supervise the business and shall not violate
or permit others to violate any applicable provision of this chapter
or any other applicable laws. The violation of any such provision
by any agent or employee of the massage business permittee shall constitute
a violation by the permittee and by the person violating the provisions
of this chapter or any other law.
A.
In the event that any applicant is refused a permit
under the provisions of this chapter, the applicant shall have 10
days from the receipt of said refusal in writing to appeal to the
Mayor and Council for a review of said application.
B.
Said permittee shall then be entitled to a hearing
on said application, either before the Mayor and Council or before
some duly authorized or appointed administrative agency of the City
designated by said Mayor and Council.
C.
A record of said hearing shall be kept. In the event
that said hearing results in further refusal, the applicant shall
have all applicable remedies as set forth in the Maryland Rules of
Practice and Procedure and the Annotated Code of Maryland for appeals
from administrative agencies.
A.
Any massage business or masseur's permit issued under
this chapter shall be subject to suspension or revocation by the Police
Chief for violation of any provision of this chapter or for any grounds
that would warrant denial of issuance of such permit in the first
place. The Chief, upon such revocation or suspension, shall state
his reasons in writing, specifying the particular grounds for such
revocation or suspension.
B.
Said permittee shall then be entitled to a hearing
on said application, either before the Mayor and Council or before
some duly authorized or appointed administrative agency of the City
or a hearing board consisting of at least three persons designated
by said Mayor and Council.
C.
A record of said hearing shall be kept. In the event
that said hearing results in further refusal, the applicant shall
have all applicable remedies as set forth in the Maryland Rules of
Practice and Procedure and the Annotated Code of Maryland for appeals
from administrative agencies.
No person shall permit any person under the
age of 18 years to come to 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.
A.
It shall be unlawful to remain open or to provide
services between the hours of 12:00 midnight and 8:00 a.m.
B.
It shall be unlawful for any person in a massage establishment
to place his or her hands upon, to touch with any part of his or her
body, to fondle in any manner or to massage an erogenous area of any
other person.
C.
It shall be unlawful for any employee in a massage
establishment to expose the erogenous area or any portion thereof
to any other person. It shall also be unlawful for any person in a
massage establishment to expose the erogenous area or any portion
thereof to any other person.
D.
It shall be unlawful for any person, while in the
presence of any other person in a massage establishment, to fail to
conceal with a fully opaque covering the erogenous area of his or
her body.
E.
It shall be unlawful for any person to act as a masseur
in any place other than a licensed massage establishment.
F.
All other acts set forth herein are in addition to
all other acts prohibited by this chapter and the laws of the State
of Maryland.
A.
Every person convicted of a violation of any provision
of this chapter shall be punished by a fine of $500 or imprisonment
for a period not exceeding 60 days in the county jail, or by both
fine and imprisonment, within the discretion of the court.
B.
The penalties as set forth herein are in addition
to and not in derogation of any other penalties provided in this chapter
or under the applicable laws of the State of Maryland.
C.
The penalties as set forth herein are also in addition
to all civil remedies that may be applicable.
