Agenda Item 7B
April 14, 2015
Action
MEMORANDUM
April 10, 2015
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney
f[;;J
Action:
Bill 9-15, Health and Sanitation - Bodywork Establishment - License
Health and Human Services CommitteelPublic Safety Committee recommendation (6-0):
approve the Bill with amendments.
Bill 9-15, Health and Sanitation - Bodywork Establishment - License, sponsored by the
Council President at the request ofthe County Executive and Councilmembers Hucker, Katz, Rice,
and Navarro was introduced on March
3.
A public hearing was held on March 17 and a joint
Health and Human Services CommitteelPublic Safety Committee worksession was held on March
26.
Bill 9-15 would define bodywork as the practice of using one's hands to apply pressure on
an individual's fully clothed body or bare feet to affect the electromagnetic energy, energetic field,
or energy meridians of the human body. Bodywork includes the practice of reflexology or
acupressure. The Bill would require a license to operate a bodywork establishment in the County.
The Department of Health and Human Services would issue the license to operate a bodywork
establishment and the Police Department would be authorized to enforce the law.
Background
Many establishments have emerged in the County as fronts for human trafficking while
advertising themselves as performing reflexology, acupressure, or other similar practices that do
not fit the State definition ofmassage. The intent ofBill 9-15 is to permit legitimate establishments
that practice bodywork to continue while preventing illegal human trafficking operations from
operating in the County under the pretext of practicing bodywork. The Executive explained the
purpose of the Bill in his transmittal memorandum at © 13 and in the Legislative Request Report
at ©11-12.
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Public Hearing
Captain Dinesh Patil, MCPD, representing the County Executive, supported the Bill as a
useful tool to help the Department enforce existing laws against human trafficking while still
permitting legitimate reflexology and acupressure businesses to continue to operate in the County.
(©14-15) Jeannette Feldner, Montgomery County Chapter of the National Organization of
Women (©16), Barbara Mintz, Chair, Montgomery County Human Trafficking Task Force (©17­
18), Lawrence Couch, Justice and Advocacy Council of Montgomery County (© 19-20), and Tony
Tomasello, City Manager, Gathersburg (©21), each supported the Bill. Debra Bright Harris,
President of the Montgomery County Commission for Women submitted written testimony
supporting the Bill. (©22-23)
Worksession
Assistant CAO Bonnie Kirkland and Clark Beil, HHS, represented the Executive Branch.
The Committee discussed the implementation ofthe licensing program with the Executive Branch.
The Committee amended the definition of bodywork, as suggested by the Executive Branch, and
made 2 technical amendments recommended by Council Staff. The Committee (6-0)
recommended approval of the Bill with amendments.
Issues
1. What is the ilScal and economic impact of the Bill?
OMB estimated that the initial startup ofthe licensing program would require HHS staff to
spend 60 hours in FY 16 for training, inspections, and appeals of license denials for a total cost of
$27,300. HHS staff time would decrease significantly in future years. OMB estimated that the
County would receive $33,000 in revenue from a license fee of $200 in FYI6. Revenues and
expenditures would be much less in subsequent years. The Police Department estimated no
additional expenses to enforce the Bill since they have already increased enforcement efforts to
eliminate human trafficking. See ©24-28.
Finance estimated that Bill 9-15 would have a positive impact on property values in the
County if it is successful in reducing illegal businesses in the County. Finance could not estimate
the actual impact. See ©29.
2. Should the definition of bodywork include using parts of the body other than hands?
The Bill, in lines 5-9 at ©2 would define bodywork as:
Bodywork
means the practice of using one's hands to
mmlY
pressure on an
individual's fully clothed body or bare feet to affect the electromagnetic energy,
energetic field, or energy meridians of the human body. Bodywork includes the
practice of reflexology or acupressure.
2
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After introduction, the County Attorney's Office suggested that one could use another part
of the body to apply pressure while performing bodywork other than the hands.
Committee
recommendation
(6-0): amend line 5 of the Bill at ©2 as follows:
Bodywork
means the practice of using one's hands or another part of the body to
pressure on an
.rum1Y
3. Technical amendments.
(a)
Lines
24~26
at ©2 refers to the "Board." The full name of the Board should be
added.
It
should be amended as follows:
ill
an individual with
i!
license, registration, or other approval issued
.hy
the
Maryland State Board of Chiropractic and Massage Therapy Examiners to
provide massage under.§. 3-5A-05 of the Health Occupations Article;
(b)
The reference in line 87 at ©5 to "(c)(l)(A)" should read "(c)(I)."
Committee recommendation
(6-0): approve both technical amendments.
4. Would Bill 9-15 apply
in
municipalities?
State law permits a municipal corporation located in the County to either agree to be bound
by a County law or not be bound. The County Attorney's Office compiles a chart of which
Chapters of the County Code each municipal corporation has agreed should be automatically
applicable unless the municipal corporation enacts an ordinance expressly exempting itself. The
chart can be found at:
http://v..'Vv-w.amlegal.com/nxt/gateway.dll/Marvland/montgpmJappendix/appendixfcountylaw~
Jicabletomunicipal ?f=templates$fn=defaulthtm$3 .O$vid=arnlegal :montlromeryco md me
The chart also shows which Chapters of the Code each municipal corporation has decided should
not be automatically applicable unless the corporation expressly enacts an ordinance making a
County law amending that Chapter applicable in the municipal corporation. Bill 9-15 would
amend Chapter 24, Health and Sanitation. According to the chart, a public health law amending
Chapter 24 would automatically be applicable in each municipal corporation. However, Council
staff discussed this with the Rockville City Attorney's Office.
It
is their opinion that this law
would not automatically apply in Rockville, but that they would present it to the City Manager and
the City Council for consideration.
5. Should Bill 9-15 be enacted?
Due to its central location, Montgomery County has become both a pass-through County
and a final destination for human traffickers. Although Bill 9-15 would not eliminate human
3
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trafficking in the County, it would provide the Police with another tool to enforce existing State
laws prohibiting human trafficking. State licensing of massage therapy has helped to prevent
human trafficking businesses from operating as a massage parlor. The State does not regulate
reflexology or acupressure. In recent years, human traffickers have established businesses that
advertise reflexology or acupressure as a front for illegal human trafficking. Bill 9-15 would
permit a legitimate business who practices reflexology or acupressure to continue with little
difficulty. It would, however, make it more difficult to operate a business purporting to provide
reflexology or acupressure as a front for illegal human trafficking.
Committee recommendation
(6-0):
enact the Bill with the amendments described above.
6. When should the
Bill
take effect?
If the Council enacts Bill 9-15 as introduced, it would take effect 90 days after it becomes
law. HHS would need some time to set up a licensing system for a bodywork establishment. If
the Council decides it should take effect sooner than 90 days, the Council would need to amend it
to make it an expedited bill. If the Council decides it should take effect more than 90 days after it
becomes law, the Council could amend the Bill to insert a later effective date. The Executive
Branch representatives at the worksession recommended no change to the standard 90-day
effective date.
Committee recommendation (6-0):
no change to the 90-day effective date.
This packet contains:
Bill 9-15
Legislative Request Report
Executive Transmittal Memorandum
Testimony
Captain Dinesh Patil, MCPD
Jeannette Feldner
Barbara Mintz
Lawrence Couch
Tony Tomasello
Debra Bright Harris
Fiscal and Economic Impact Statement
F:\LAw\BILLS\1509 Bodywork Establishment - License\Action Memo.Docx
Circle
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Bill No.
9-15
Concerning: Health and Sanitation ­
Bodywork Establishment - License
Revised: March
26.
2015 Draft No.
_6__
Introduced:
March 3. 2015
Expires:
September 3. 2016
Enacted: _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
.....;N'-"o"':n=e_~
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request ofthe County Executive and Councilmembers Hucker,
Katz,
Rice, and Navarro
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
require a license to operate a bodywork establishment
in
the County;
define bodywork;
authorize the Department of Health and Human Services
to
issue a license to operate
a bodywork establishment;
authorize the Police Department to enforce the law; and
generally regulate the operation of a bodywork establishment
in
the County.
By adding
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-11B
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 9-15
1
2
Sec. 1. Section 24-11B is added as follows:
24-11B. Bodywork Establishments.
3
4
tru
Definitions.
As used in this Section, the following words and phrases
have the following meanings:
Bodywork
means the practice ofusing one's hands or another part of the
5
6
7
8
9
10
body to
rumly
pressure on an individual's fully clothed body or bare feet
to affect the electromagnetic energy, energetic field, or energy meridians
of the human body. Bodywork includes the practice of reflexology or
acupressure.
Bodywork establishment
means any business that advertises bodywork
11
12
l3
services or where any employee, agent, or contractor performs bodywork
on an individual.
Chiefmeans
the Chief ofPolice or the Chiefs designee.
Director
means the Director of the Department of Health and Human
14
15
16
Services or the Director's designee.
Licensee
means an individual owner of
~
bodywork establishment or an
17
18
19
20
individual designated
Qy
the owner ifthe owner is not an individual.
Sexual activity
means any direct or indirect physical contact between
persons intended to erotically stimulate either person or both persons or
is likely to cause such stimulation.
Sexual activity includes sexual
21
22
23
24
intercourse, fellatio, cunnilingus,
anal
intercourse, masturbation, or
manual stimulation.
@
Scope.
This Section does not
rumly
to:
ill
an individual with
~
license, registration, or other approval issued
Qy
the Maryland State Board ofChiropractic and Massage Therapy
25
26
27
Examiners to provide massage under
.§.
3-SA-OS of the Health
Occupations Article;
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Bodywork
Establishment· License\BilI 6.Docx
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BILL No. 9-15
28
29
30
31
32
33
34
ill
an athletic trainer who:
(A)
is certified
Qy
£!
nationally recognized athletic trainer
certification agency identified
Qy
the Director and works
under the supervision of!! physician, while functioning in
the athletic trainer's professional capacity;
ill}
is employed
Qy
an accredited educational institution, while
performing professional duties at that institution; or
35
36
37
38
39
40
(Q)
is employed
Qy
!! professional sports team, while treating
members ofthat team; or
ill
!! business in which every person who provides servIces IS !!
certified massage therapist or registered massage practitioner
under State law.
(£}
Bodywork establishment.
41
42
43
44
ill
License required.
A bodywork establishment must have !! license
issued
Qy
the Director under this Section. The licensee must be the
owner ofthe establishment. Ifthe owner is not an individual, the
owner must designate on the application an individual as the
owner's representative. The owner's representative must consent
on the application to be so designated. The representative must
accept any notice sent to the owner under this Section. Ifthe owner
does not
!mY
any fme, penalty, or fee due under this Section, the
Director may collect the fine, penalty, or fee from the owner's
representative.
45
46
47
48
49
50
51
52
ill
Except as otherwise provided in this Section, the Director must,
with the assistance of the Police Department, review each
application and issue !! bodywork establishment license if:
53
C)
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BILL
No.
9-15
54
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56
57
58
59
60
CA)
the applicant meets the requirements of this Section and
completes
£!
license application on
£!
form provided
Qy
the
Director;
ill)
the bodywork establishment facility meets the minimum
standards set
Qy
Executive Regulation;
©
CD)
the applicant
Pm
an application fee and license fee; and
the establishment complies with all applicable zoning,
health, fire prevention, and building laws and regulations.
61
62
63
64
65
66
67
ill
The Director must conduct
§:
pre-licensing inspection of any
bodywork establishment, and may conduct other inspections
necessary to enforce this Section.
(±)
A bodywork establishment must continue to meet the minimum
standards set
Qy
regulation at all times.
ill
Any person who operates
§:
bodywork establishment must permit
§:
68
69
70
County police officer or the Director to enter the bodywork
establishment at any time during operating hours, and at any other
time in an emergency or when the establishment is occupied.
71
72
®
Any person who operates
§:
bodywork establishment must not
allow!! person to perform any sexual activity with another person
73
74
75
76
77
78
in
the establishment.
ill
LID
A bodywork establishment license has
§:
term ofone year and must
be renewed annually.
A bodywork establishment license;
CA)
must not
be
transferred from one person to another;
must not be transferred from one location to another
location until
§:
license is issued for the new location; and
ill)
79
80
©
applies to
§:
single location specified in the license.
G)
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BILL
No. 9-15
81
(2}
If
an applicant for !! bodywork establishment license does not own
the building where the establishment would be located, the
building owner must approve the use ofthe building as !! bodywork
establishment on !! form provided
Qy
the Director.
82
83
84
85
86
87
88
@
Bodywork establishment licensee.
ill
The licensee, if an individual, or an owner's representative
designated under subsection C
c)(1)
CA)
H(A}l1.1
must
submit proof of good health required
Qy
the Director;
be at least
~
years old;
have not been convicted
pled guilty or nolo contendere
~
89
90
(ill
(Q
91
or served any term of probation as !! result of being
92
93
94
95
charged with a:
ill
Cii)
felony;
cnme
involving
moral
turpitude,
including
solicitation, prostitution, and related crimes;
(iii)
violation of !! controlled dangerous substances law;
or
Civ)
violation ofany law regulating the practice of!! health
occupation;
96
97
98
99
100
101
102
103
104
105
ill)
not permit an individual to perform bodywork services in
the establishment while under the influence of !! non­
prescribed drug or alcoholic beverage;
lID
provide !! passport-size photograph, fingerprints, and!! list
.ofthe individual's occupation or employment for the
J
years
before filing the application; and
o
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BILL
No.
9-15
106
107
108
109
110
111
ill
if the applicant is not g United States citizen, provide
evidence of legal presence and employability in the United
States.
llU
Executive Regulations.
The Executive must adopt an Executive
Regulation under Method
ill
establishing the minimum standards for g
bodywork establishment and the application process. The Executive
must set application and license fees
Qy
Executive Regulation under
Method
ill
that substantially cover the cost ofadministering this Section.
112
113
114
ill
Denial or Revocation
Q[
license.
The Director may refuse to issue
£!:
license under this Section, and may suspend or revoke g license issued
under this Section, after g hearing for which reasonable notice has been
given, if the licensee or applicant:
115
116
117
118
119
ill
ill
ill
violates any provision of this Section;
submits fraudulent information in support of g license application
under this Section;
is convicted
Qb
or pleads guilty or nolo contendere
!Q.,.
or is ordered
to serve g period of probation after being charged with:
120
121
122
123
124
CA)
g felony;
g
an
(Q
crime involving moral turpitude, including solicitation,
125
126
127
128
prostitution, and related crimes;
violation of
£!:
controlled dangerous substance law; or
violation of any law regulating the practice of
£!:
health
occupation;
CD)
129
130
131
132
ill
permits an individual to perform bodywork servIces m the
establishment while under the influence of g non-prescribed drug
or alcoholic beverage; or
ill
is grossly negligent in the performance of bodywork.
o
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BILL
No. 9-15
133
134
{g}
Notice and opportunity tor hearing.
ill
Notice.
After finding that one or more grounds for denial,
suspension, or revocation of
~
license could exist, the Director may
serve
~
written notice on the licensee or applicant in person or
Qy
regular mail, postage prepaid, addressed to the person's last known
address as maintained in the Director's file. Service on that person
135
136
137
138
139
Qy
mail is effective
J.
days after mailing. The Director must also
post
~
written notice at
~
conspicuous place on the establishment
for which the license was or would be issued. The written notice
must, at
~
minimum:
(A)
state that the Director has found that the licensee or
applicant may be subject to denial, suspension, or
revocation;
140
141
142
143
144
145
146
147
148
149
150
151
(ill
identify the specific grounds for the Director's fmdings; and
set
~
(Q
date for
~
hearing on denial of the application or
suspension or revocation of the license. The hearing must
be held at least
~
days after service of the Director's notice,
unless the parties
~
to an earlier date.
ill
Hearing.
The Director or
!!
designee may conduct the hearing. At
152
153
154
155
156
157
158
159
the hearing, the licensee or applicant may present evidence and
witnesses to refute the grounds cited
Qy
the Director for denying
the application or suspending or revoking the license, and the
County and any other person may submit relevant evidence. The
relevant records of the Department are part of the hearing record.
Within
J.
days after the hearing closes, the person conducting the
hearing must render
~
decision in writing, giving the reasons for
the decision. That decision is final, subject to judicial review under
(j)
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BILL
No. 9-15
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
the Maryland Rules for review of administrative decisions in the
Circuit Court and the Court of Special Appeals.
ill
Failure to appear.
A licensee or applicant who after notice does
not appear at
~
hearing waives the right to
~
hearing and consents
to the action that the Director proposed in the notice. The Director
may deny the application or suspend or revoke the license as
proposed in the notice.
ill
Notice and Effective Date
gf
Suspension or Revocation.
The
Director's written decision must be posted at the office of the
Director and must be served on the licensee or applicant in person
or
!2y
regular mail, postage prepaid, addressed to the applicant or
licensee's last known address as maintained in the Department's
files. The Director must also post
~
written notice of the decision
at
~
conspicuous place on the establishment for which the license
was or would be issued. A suspension or revocation takes effect
on the day the Director's decision is delivered in person or posted,
whichever occurs first. To facilitate enforcement ofthis provision,
the Director may require the applicant or licensee to appear at the
Director's office at
~
specific time to receive
~ ~
ofthe decision
and be prepared to surrender the license. If
~
licensee or applicant
does not appear to receive the Director's decision, the Director's
decision is effective on the date and time the licensee or applicant
was directed to appear.
179
180
181
182
183
184
185
ill
Surrender
gf
license and security.
When
~
license is suspended or
revoked, the Director must take custody of the suspended or
revoked license.
o
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BILL
No.
9-15
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
au
Upon receipt of notice of
~
license revocation or suspension, unless
otherwise directed, the licensee must, within 24 hours:
ill
ill
place the license in the mail, postage prepaid, addressed to the
Department; or
physically deliver the license to the Department.
ill
If the Department does not receive a suspended or revoked license within
48 hours after notification, excluding weekends or
~
legal holiday, or as
otherwise directed, the holder of the license violates this Section. In
addition to any other penalties that may be imposed, the Director or the
Chief may:
ill
ill
remove the revoked or suspended license from the business
location; and
close the place of business until the person operating the business
obtains
~
license.
ill
Appeals.
ill
Any person aggrieved
Qy
the denial, suspension, or revocation of
any license under this Section may seek judicial review under the
Maryland Rules for review of administrative decisions in the
Circuit Couit and the Court of Special Appeals.
205
206
207
208
209
210
211
ill
ill
Except as provided in subsection
Q1
the Director's decision to
deny
~
license must not be stayed pending appeal.
Final administrative action that revokes or suspends
~
license may
be stayed pending appeal only if:
CAl
all
00
the Court finds that the public health, safety, or welfare
will
not be endangered during the appeal; and
an appropriate bond is posted.
212
Penalty.
A person has committed
~
class A violation if the person:
®
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BILL No. 9-15
213
214
215
ill
ill
violates any provision ofthis Section; or
submits fraudulent infonnation in support of
~
license application
under this Section.
216
217
Approved:
George Leventhal, President, County Council
Date
218
219
Approved:
Isiah Leggett, County Executive
Date
220
221
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
V
;[0\
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LEGISLATIVE REQUEST REPORT
Bill 9-15
Health and Sanitation- Bodywork Establishment- License
I.
Description:
Bill 9-15 would require a license to operate a bodywork establishment in
the County. "Bodywork" includes acupressure, reflexology, and other practices that fall
outside the State deftnition of massage. The licenses will be issued by the Department
ofHealth and Human Services and enforced by both DHHS and the Police Department.
The law also provides general requirements for operators ofa bodyworks establishment
in the County and authorizes the Director of the Department of Health and HUman
Services to develop further regulations governing the minimum standards for these
establishments to ensure the health and safety of patrons.
II.
Problem:
The Montgomery County Police Department has expressed concern
about the prevalence ofhuman trafficking and prostitution in Montgomery County. The
Human Trafftcking Task Force was established to address this concern. According to
MCPD, Montgomery County is an attractive location for human traffickers because of
its relatively high per capita income. A trafficker, usually originating from another
state, will typically operate by establishing a seemingly legitimate business in
Montgomery County and using it as a venue for prostitution. These "legitimate
businesses" are most often massage parlors. Employees of the parlors rarely possess a
massage license, as required by the State and County.
When MCPD stepped up enforcement and prosecution of the establishments for
unlicensed practice of massage, they ran into several problems, two of which are
addressed by the legislation. First, traffickers quickly learned that they could evade
licensing requirements by holding themselves out as "reflexologists" or
"accupressurists"-- practices that fall outside the state deftnition of "massage" for
licensing purposes. Second, successful prosecution of an unlicensed massage charge,
either criminally or civilly, did little prevent the continued operation ofthese facilities
because the penalties are minimal in light of the effort involved in prosecution and the
amount of money to be made
in
prostitution. Nothing in current law prevented
trafftckers from opening up a new massage or reflexology parlor in the county, even
after prosecution for unlicensed massage. As a result, MCPD found itself dealing with
a constant stream of reoffenders, straining enforcement resources, and neither the
Department of Health and Human Services, which licenses massage parlors in the
County, nor the Department of Permitting Services, which issues Use
&
Occupancy
Permits, had sufficient authority to assist.
III.
Goals and Objectives:
The Human Trafficking Task Force is recommending this Bill
in order to address gaps in the current law, making Montgomery County a less attractive
location for human trafftckers and improving collaboration and enforcement ability
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between the Department of Health and Human Services, the Department ofPennitting
Services, and the Police Department.
The Task Force is also recommending a companion Zoning Text Amendment, changes
to the existing Executive Regulations related to licensure of massage parlors, and new
Executive Regulations as required by this Bill, ifpassed.
IV.
Coordination:
Montgomery County Police Department
Department of Health and Human Services
Department ofPennitting Services
Office of the County Attorney
V.
Fiscal Impact:
To
be
provided
Economic Impact:
VI.
VII.
To be provided.
Subject to the general
Evaluation of the Results of the Proposed Law:
oversight of the County Executive and County Council.
VIII.
According to MCPD, other municipalities around the
country have successfully reduced human trafficking in their jurisdictions by
strengthening local regulation of massage as well as acupressure, reflexology, and
related services.
Experience Elsewhere:
IX.
Sources of Information:
Sgt. Kenneth Penrod, MCPD, Vice and Intelligence Unit
Russell Hamill, MCPD, Assistant Chief
Ehsan Motazedi, Department of Permitting Services
Hadi Mansouri, Department of Pennitting Services
Clark Beil, Department of Health and Human Services
Kristen Kalaria, Office of the County Attorney
Jim Savage, Office of the County Attorney
X.
Application within Municipalities:
This Bill amends Chapter 24, which applies in the
following municipalities: Barnesville, Brookville, Chevy Chase Village, Chevy Chase
View, Chevy Chase Sec. 3, Town of Chevy Chase, Chevy Chase Sec. 5, Town of Garrett
Park, Town of Glen Echo, Village of Martin's Addition, Village of North Chevy Chase,
City of Takoma Park, and Town of Washington Grove.
XI.
Penalties:
Class A Violation, subject to fmes and penalties as defined by Section
1-19 of the County Code.
2
F:\LAW\BILLS\1509 Bodywork Establishment· License\LRR HlTF Legislation.Docx
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OFFICE OF THE COUNTY EXECUTNE
ROCKVILLE. MARYLAND 208S0
Isiah Leggett
County Executive
MEMORANDUM
February 3,2015
TO:
FROM:
George Leventhal, President
County Council
Isiah Leggett, County Executive
SUBJECT: ,Bodywork Establishment - License
I am writing to request that you introduce the attached bill and Zoning Text
Amendment (ZTA) that would impose regulations on "bodyworks" establishments, which have
become a common venue for human trafficking in Montgomery County.
Maryland's central location and Montgomery County's proximity to airports and
Interstate-95 has facilitated its development as both a pass-through state and a destination for
human traffickers. Traffickers utilize our highways and airports to connect victims to major east
coast locations such as Montgomery County, Baltimore, and Washington, D.C. The victims in
human trafficking are typically young women who are forced into lives they didn't choose and
have no way ofescaping. By passing this bill, you will give our Police Department an effective
and much needed tool to make inroads against this crime.
The proposed bill will require a license to operate a bodywork establishment in
the County. "Bodyworks" establishments are businesses that advertise bodywork services, such
as reflexology, acupressure and other practices that fall outside the State definition ofmassage,
or where any employee, agent or contractor perfonns bodywork on an individual. Many
bodyworks establishments have emerged as fronts for human trafficking after the State began
regulating massage parlors. This bill will ensure that legal establishments can operate while
providing enforcement against illegal establishments. The "bodyworks" licenses will be issued
by the County's Department of Health and Human Services (DHHS), and enforced by both
DHHS and the Police Department.
The nature of human trafficking keeps changing. We must adapt our laws to keep
up and
to
empower our law enforcement agencies with the tools they need to protect the innocent
lives of those forced into prostitution and to punish those who would destroy the lives of these
victims. Your ,assistance is appreciated.
ILIkk
Attachments
""d'
montllomerycountymd.lIDv/311
'3
(."
240-773-3556 lTV
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TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
Bill 9-15, Health and Sanitation - Bodywork Establishment - License and ZTA 15-03,
Uses and Use Standards - Licensing
March 17,2015
Good afternoon. I am Capt. Dinesh Patil of MCPD Special Investigations Division
representing County Executive Leggett and testifying today in support of Bill 9-15 and Zoning
Text Amendment 15-03. This legislation is designed to give our Police Department an effective
tool to combat the proliferation of venues that are oftentimes fronts for human trafficking. Bill
9-15 is an outgrowth of the County Executive's Human Trafficking Task Force and will provide
an immediate tool for our Police Department in its enforcement efforts.
Maryland's central location and Montgomery County's proximity to airports and
Interstate-95 has facilitated its development as both a pass-through state and a destination for
human traffickers. Traffickers utilize our highways and airports to connect victims to major east
coast locations such as Montgomery County, Baltimore, and Washington, D.C. The victims in
human trafficking are typically young women who are forced or coerced into lives they didn't
choose~
Because the nature of human trafficking keeps changing we must adapt our laws to keep
up. From 2010 through 2015, Montgomery County Police have closed 61 bodyworks
establishments in the County that were serving as fronts for human trafficking, fraud, prostitution
and other crimes.
The bodyworks establishment licensing bill will require a license to operate a bodywork
establishment in .the County. "Bodyworks" establishments are businesses that advertise
bodywork services, such as reflexology, acupressure and other practices that fall outside the
State definition of massage, or where any employee, agent or contractor performs bodywork on
an individual. Many "bodyworks" establishments emerged as fronts for human trafficking after
the State began regulating massage. This bill will ensure that legal establishments can operate
.while providing enforcement against illegal establishments. The companion legislation, Zoning
Text Amendment 15-03, is considered an essential part of the overall solution to the body work
establishment issue.
The "bodyworks" licenses will be issued by the County's Department of Health and
Human Services (DHHS), and enforced by both DHHS and the Police Department in a
cooperative effort. The law also provides general requirements for operators of a bodyworks
establishment in the County and authorizes the DHHS director to develop further regulations
governing the minimum standards for these establishments to ensure the health and safety of
patrons. Massage parlors are similarly licensed and regulated by the State and the County. The
bill focuses on the operators of the establishments and does not require licensure of individual
practitioners, and will therefore, not cause an undue burden to legitimate bodyworks
establishments.
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To have a comprehensive approach to this issue we would also ask our municipal partners to
adopt this legislation if passed by the Council to ensure that these criminal organizations can't
continue find save haven
in
the County. We thank you for your consideration ofthis bill.
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NATIONAL
ORG,AN_ZATJOI'rof
March
17, 2015
Good afternoon, Council President Leventhal and Council Members,
My name is Jeannette Feldner. I live in Wheaton, MO, and I am Co-President of the Montgomery
County Chapter of the National Organization for Women. As a representative of this organization,
I serve on the Montgomery County Human Trafficking Task Force. My mission in serving on this task
force is to learn what I can do about human trafficking in this County so that I can take this
information to my members and sister organizations
to
educate about and advocate for victims
of
human trafficking.
I have learned that part of the problem of human trafficking is that the 1-95 corridor is a corridor
for violence and trafficking and that Maryland is a hot spot for trafficking activities because we have
a seaport, a major interstate highway and big sporting events.
Senator Barbara Mikulski said recently: "This is not just a women's issue. This is a human rights
issue. Twenty one million people are trafficked globally every year -
21
million. It's the third largest
global crime, right up there
with
the setting of weapons of mass destruction and
with
settrng drugs
and the drug cartels .... This isn't about recruiting women in Asia and Central Europe. In our own
country,
800,000
people are trafficked each year."
I have learned that we have a problem in Montgomery County with people running prostitution
houses in brothels disguised as spas, acupressure and reflexology businesses. Some of these have
become havens for human trafficking schemes, exploiting women.
The National Organization for Women is committed to ending violence against women-much of
which results from societal attitudes toward women and efforts to lLkeep women in their place. lL
That is exactly what human traffickers do. And they are doing it in fake bodywork establishments
all over the County.
When I seek a massage for therapeutic reasons or just for relaxation-and I have many times­
I am comforted by the fact that I know they are licensed and regulated by the County. They are
legitimate. When I seek a reflexologist or other bodywork practitioner-and I have-I would like to
have that same comfort level.
Montgomery County NOW thanks the County Executive for putting forth Bitt
9-15
for your
consideration. We thank you for your work on this important issue and ask for your support for
Bill
9-15
to license Bodywork
Establ~shments
in Montgomery County. If it works as intended, BUI
9-15
should diminish human trafficking by thwarting human trafficking fronts from continuing.
Thank you again.
Jeannette Feldner, Co-President
National Organization for Women
MONTGOMERY
COUNTY,
MARYLAND,
CHAPTER
P.O. Box 2301, Rockville, MD 20847-2301 • (301) 368-1917 • info@mcmdnow.org • www.mcmdnow.org
®
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STATEMENT OF BARBARA S. MINTZ, MEMBER OF THE MONTGOMERY COUNTY COMMISSION
FOR WOMEN AND CHAIR OF THE MONTGOMERY COUNTY HUMAN TRAFFICKING TASK FORCE
MARCH 17, 2015
Thank you for the opportunity to speak here in support of Bill 9-15 which
requires a license from the Department ofHealth
&
Human Services to operate a
"bodywork" establishment in the county and gives the Department the authority to
develop standards and regulations that will ensure the health and safety of patrons.
I appear before you in my capacities as Chair of the Montgomery County
Human Trafficking Task Force and as a Commissioner on Montgomery County
Commission for Women. The Commission, recognizing the serious impact of
human trafficking on women in our county, advocated for the creation of a task
force. Responsive to the need for it, County Executive Ike Leggett created the task
force I am proud to chair.
The membership of the task force ranges widely-from various county and
state government personnel, including from this Council, to individuals from non­
government organizations, all having sincere professional and personal interest in
the issues raised by human trafficking in Montgomery County. It is an active
group, and we have worked together in the first year of the task force's existence to
begin to achieve its aims.
Bill 9-15 is in part the result ofthe efforts of the task force. It also is in part
the product of a growing public awareness that the task force has tried to foster of
the need to take reasonable action where possible to curtail the underlying criminal
activity and reduce the number of human trafficking victims in our county. And it
is in part the result of the commitment of our county government to give attention
at this time to,the egregious situation of businesses operating throughout the
county, unchecked, with a facade oflegitimacy, while in fact operating as criminal
enterprises
in
which subjugated women with little will or choice provide sexual
services unlawfully for the financial gain of those who control them.
Licensing of business in Me is hardly a novel concept, and it has been
effectively applied to massage parlors. Bodywork establishments, however, have
1
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operated without the constraints of county licensure, and that latitude immediately
translates into offering patrons unfettered physical contact, which, of course,
means sex. The workers in these establishments are almost relatively young
women, including underage girls.
In
many cases, these are women from Asia who
do not speak English, are bound for one reason or another to the owners of the
establishments, and are basically prostitutes acting under the false cover of
reflexology and acupressure.
In
our initial work as a task force, we identified the bodyworks business as a
clear-cut and significant target for remedial legislation. There is no rational basis
for exempting them from licensing requirements that exist for other physical
contact enterprises. On the other hand, there is a clear danger to the county in
allowing these businesses to continue as uncontrolled human trafficking crucibles.
And with enforcement of licensing violations by both the DI-ffiS and our county
police, we can expect that imposing licensing will have an immediate and
continuing effect in curtailing the use of reflexology and acupressure services for
illicit prostitution and the coercion of women that underlies
it.
It
is highly unlikely that current bodyworks business owners engaged in
human trafficking will be willing or able to comply with even modest licensing
conditions that might be mandated under the law and regulations coming out of
Bill 9-15. Those that do comply are much more likely to then function as
legitimate tax-paying enterprises, providing whatever benefits their physical
services can afford patrons.
For these reasons, and as one Ineaningful, reasonable action government can
take to address the human trafficking problem here
in
Montgomery County,
I
urge
the Council to enact the pending legislation.
2
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t-\
Testimony Presented
to the Montgomery County Council
in support of
Bill 9-15, Bodywork Establishment-License
March 17,2015
Lawrence E. Couch, Member
Justice and Advocacy Council of Montgomery County
Archdiocese of Washington
®
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My name is Lawrence Couch. I appreciate the opportunity to testify in support of Bill 9­
15, Bodywork Establishment-License. I speak on behalf of the Justice and Advocacy
Council of Montgomery County, an official voice of the Archdiocese of Washington. The
proposed legislation would require bodyworks establishments to be licensed by the
county, which would require them to be inspected by the Department of Health and
Human Services and the Montgomery County Department of Police.
Sgt. Ken Penrod, supervisor of the Montgomery police vice and intelligence unit, has
stated "In seven years, I've never seen a legal body works establishment." According to
Sgt. Penrod, the police expect the application and licensing requirements "will eliminate
many of those establishments because they don't want to go through the process."
Without background checks and licensing, businesses that run afoul of the law can
easily move and set up in another location under a new name.
While officials emphasize that the proposed legislation will not eliminate sex trafficking,
it would provide a new tool to help police push back against a growing source of the
problem. In addition to addressing the specific issue posed by unlicensed bodyworks
establishments, the passage of this legislation will help to raise the awareness of human
trafficking in Montgomery County.
In 2008, along with other faith and civic groups, the Justice and Advocacy Council
testified in support of the Domestic Workers Bill of Rights. Sponsored by
Councilmembers George Leventhal and Marc Eirich, the bill sought to improve the
working conditions of domestic workers here in Montgomery County. The bill was
subsequently passed unanimously by the County Council and signed into law by the
County Executive.
Today we have another opportunity to protect vulnerable people from being exploited
here in Montgomery County.
As
with the abuse of domestic workers, many of us do not
realize the extent of human trafficking in our affluent community.
The Catholic Church, citing International Labour Organization estimates, calculates that
2.4 million people are trafficked at any given time, with traffickers receiving more than
$32 billion a year.
Pope Francis stated, "God is a love that is manifested in every human being; everyone is
equal and ought to be afforded the same liberty and dignity." Ignoring this fact, the Pope
added, "is an abhorrent crime" that manifests itself as "modern slavery... an offense
against humanity with victims from every walk of life, but above all amongst the poor."
Please consider favorably this important legislation. Thank you.
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3
Testimony of the City of Gaithersburg
Before the Montgomery County Council on
Bill 9-15
Health and Sanitation Bodywork Establishment License
Tuesday, March 17,2015
Good afternoon President Leventhal and members of the Council. My name is Tony
Tomasello and I'm the City Manager of Gaithersburg. I'm here to provide an
administrator's view on Bill 9-15 Health and Sanitation Bodywork Establishment
License. The City appreciates the extensive work of the County's Human Trafficking
Task Force that served as the catalyst for this important piece oflegislation.
Bill 9-15 would require licenses from the County's Department of Health and Human
Services (HHS) for establishments that fall outside the definition of massage parlors.
It
would also allow HHS to revoke a business license if they are charged with violating
local laws related to the operation of the business. .
Last summer, the City's Code Enforcement Division in conjunction with Montgomery
County Police investigated several of these businesses after receiving complaints that
they were possible fronts for illegal activities. Unfortunately, from a code standpoint the
City only requires that a business hold a valid Use and Occupancy permit with the
business' legal name and current owner. Unless the inspectors actually witness illegal
activity the City is limited in its ability to impose additional regulations on this type of
use.
A requirement of having to obtain an additional license from HHS to operate Bodywork
business would assist by clearly defining these types of establishments from a permitting
standpoint.
It's my understanding that the cities across the Country have seen an influx of these
Bodyworks businesses and have faced similar challenges in regulating them. Bill 9-15
would be an excellent enforcement tool and serve to discourage illicit businesses from
operating in our community.
While passage of this bill will not automatically have it apply within the City, staff
believes that this would very useful and have recommended that the Mayor and Council
consider adopting this section of the County Code so it is applicable within the City.
Thank you for the opportunity to testify on the Bill 9-15. The City looks forward to
collaborating with our County partners on making our communities safer for residents
and visitors alike.
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Isiah
Leggett
County Executive
Debra Bright Harris, Ed.D.
President
March 17,2015
TESTIMONY IN SUPPORT OF
Bill 9-15
TO:
The Honorable George Leventhal, President, and Members
Montgomery County Council
Dr. Debra Bright Harris, President
Montgomery County Commission for Women
FROM:
SUBJECT:
Bill 9-15: Health and Sanitation - Bodywork Establishment - License
The Montgomery County Commission for Women (CFW) is both an advisory board and a
department of the Montgomery County Government. The advisory board is comprised of 15
county residents appointed by the County Executive and confirmed by the County Council and
charged with the responsibility of advising the County Executive, the County Council, the
public, and the agencies ofthe county, state and federal government on the issues of concern to
women.
In
a five-pronged approach to advocating women's issues, the Commission for Women:
• Focuses primarily on identifying inequities in laws, policies, practices and procedures,
and recommending and promoting remedies
• Conducts research and investigations, analyzes economic, political, and social trends, and
provides education on women's issues in the community
• Holds hearings and publishes informational materials
• Holds an annual legislative briefmg in partnership with many other women's
organizations, and
• Sets priority projects annually
The positions put forward in this document are those ofthe Commission for Women alone, and
do not necessarily reflect the position ofthe County Executive or the County Council.
The Commission, recognizing the serious impact of human trafficking on women in our county,
advocated for the creation of a human trafficking task force in Montgomery County. The
Montgomery County Human Trafficking Task force has been instrumental in the creation of Bill
21 Maryland Avenue, Suite 330 • Rockville, Maryland 20850 • 240-777-8333 • FAX 240-777-2555
www.montgomerycountymd.govldw
@
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9-15. Consistent with its mission and legislative mandate, the CFW supports Bill 9-15 Health
and Sanitation Bodyworks Establishment - License because it requires a license from the
Department of Health
&
Human Services (DHHS) to operate a "bodywork" establishment in the
county and gives the Department the authority to develop standards and regulations that will
ensure the health and safety ofpatrons. Introduced on March 3,2015, Bi119-15 strictly prohibits
human sex trafficking taking place in bodyworks establishments.
According to the United States Department of State Trafficking in Persons (TIP) report, about
800,000 people are trafficked each year in the United States. Statistics in the state of Maryland
are striking. The Maryland Human Trafficking Task Force, along with federal law enforcement
partners, have identified 200 total victims of trafficking since January 2013. According to data
from the National Human Trafficking Resource Center, 135 human trafficking cases were
reported in the state of Maryland in 2014. Of these cases, 91 were sex trafficking cases. That is
one too many cases.
Montgomery County is an attractive area for tra:ffi.ckers because it is considered to be high
income and centrally located in the DMV area. With enforcement of licensing violations by both
the DHHS and our county police, we can expect that imposing licensing will have an immediate
and continuing effect
in
curtailing the use of reflexology and acupressure services for illicit
prostitution and the coercion of women that underlies it.
According to a 2011 report written by the Polaris Project, bodyworks establishments and "fake"
massage parlors are common locations for human sex trafficking. Because these businesses
operate under the guise of a legitimate business, they often go undetected as perpetrators in the
sex trafficking world. The CFW believes Bill 9-15 establishes a law that will serve as a deterrent
for these locations to be
used
for trafficking. Specifically, the bill would:
• Define "bodyworks" establishments and the parameters in which they must operate by
requiring a license.
• Empower law enforcement to take action against anyone committing human trafficking
acts in these establishments.
• Protect women and girls from being "employed"
in
these illegitimate bodyworks
businesses.
Being forced into a life of prostitution can have a negative effect on psychological, physical, and
health outcomes for women and young girls. President Leventhal and council members, we urge
you to support safety for women and girls forced into a life of being trafficked by voting in favor
of Bill 9-15.
Sincerely,
~I.~
Dr. Debra Bright Harris,
President
Montgomery County Commission for Women
2
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ROCR"VILLE, .MAR\lAND
MEMORANDUM
March 23, 2015
TO:
FROM:
George Leventhal, President, County Council
Iennlfer A. Hughes,
Joseph F. Beach,
..\J~, ~~~agement
and Budget
Dir~~:~eparmrol
Finance
SUBJECT:
FEIS for Bill
9·15,
Health and Sanitation - Bodywork Establishment - License
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Offic.er
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Infonnation Office
Joseph F. Beach, Director, Department of Finance
Tom Manger, Chief: Department of Police
Uma Ahluwalia, Director, Department of Human Health Service
David Platt, Department of Finance
Pofen Salem, Office of Management and Budget
Alex Espinosa, Office of Management and Budget
Naeem Mia, Office of Management and Budget
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Fiscal Impact Statement
Executive Regulation 9-15
Health
alldSanitation - Bodywork
Establisbment - License
1. Executive RC1:,rulation Summary (Enter narrative that explains the pnrpose of the
regulation).
.
Bill 9-15 would define bodywork
as
the practice of using one's hands to apply pressure
on an individual's fully clothed body or bare feet to affect the electromagnetic energy,
energetic ficld, or energy meridians of the human body. Bodywork includes the practice
of ref1exology
or
acupressure. The
Bill
would require a license to operate
a
bodywork
establishment in the County. The Department of Health and Human Services would issue
the license to operate
a
bodywork establishment and the Police Department would be
authorized to enforce the law
Bill 9-15 would require a license to operate a bodywork establishment in
the
Cowlty.
"Bodywork'~
includes acupressure, reflexology, and other practices that fall outside the
State definition
of
massage.
The bill permits the Department of Health and Human Services
(DHHS)
to issue
a
license.
Enforcement
will
be
performed by both DHHS and the Police Department.
111e law provides general requirements for operators of bodyworks establishments and
authorizes DHHS to develop further regulations governing the minimum standards to
ensure the health and safety of patrons.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed
in
the recommended or approved budget. Includes
source
of
infonnation, assumptions. and methodologies used.
Initial enforcement and licensure
will
have a fiscal impact on DHHS. A survey in Yelp
has potentially 160 bodywork establishments located within the county. Conversations
with
the
Maryland Reflexology Association informed DHHS there
are
only
5
members
located within Montgomery County. Establishments
will
require a pre-licensing
inspection by DHHS.
It
is estimated that the Inspections
may
require approximately 90
minuies per
facility.
Initial enforcement will result in closure of businesses not capable
of
meeting licensing requirements and denial of licensing will require
hearings
resulting
in additional
COWlty
expenditures.
It
is projected
that
not all
160
establishments, and possibly closer to the 5 Montgomery
Count)' members ofthe Maryland Reflexology Association, will need licensure or be
capable to meet licensing requirements adversely affecting both future revenue and
expenditures.
Any additional revenue would be associated with the issuance of a license to operate a
Bodywork establishment. We believe that the activities in a Bodywork establishment are
.
most similar to those already included in COMCOR Chapter 24 sectionll. This
regulation establishes the requirements of licensure and the fees to operate a Massage
establishment. Currently, there are no Massage businesses that meet the requirements to
be licensed.
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The Montgomery County Police Department estimates that
they
will have no additional
expenditures> as they have already increased their attempts at enforcement of such
establishments under current law.
3. Revenue and expenditure estimates covering at least the next 6 flScal years.
I
#
of staff to he.tr.ained
i
staff
t-­
-
~!ted
E!penditures
FY16
20
. FY17
I
-----
1
FYJ8
~-.-
FY19
!
FY20
___..r-_
FY21
1
1
5
1
I
1
I
!
#
hours
per
trammg
per
I
# of initial ins.eections
t
Cost
per
hour ­
j
Total PC Expenditures
r
I
hearings
I
t
I
1
5
I
!
#
of appeals
I
#
of hours per appeal
i
#
of hours
p-e~i!!.~'p'ection
160
1.5
!
39
5
60
I
$27,300
5
1.5
J
I
5
1.5
5
1.5
I
1.5
1
5
1.5
l
5
65.56
$885
I
61.80
5
63.65
5
~7.53
5'
69.56
$834
$859
$912
$939
I
I
hour of training related
i
to inspections on
body
work establishments. Assumes staff tlU'tlover of I per
1 year for FY17-2L
!Inspections - FY 16 inspections based on the
Yelp survey
of
possible
Bodywork
establishments in the
County.
For FY17-21 assumes 5 new initial inspections
each year.
Appeal Hearings
For FYJ 6-21 - a.<;sumes 25% of
those
establishments
that
were
denied a license
~ill
appeal
th~
decision. .
.
. .. .
Cost
per
hour
IS
base.d
on
the
FY16
average
hourly salary ofEHS
n
posItton
In
Environmental Health
&
RegulatOI)'
Services.
For FY 17-21 -
assumes
a 3% increase
in
com ensation and
benefits each
I
j
AssumptIOns for
Estimated ExpendItures
Training
~
In FY 16.
20
staff
wiIJ
require approximately I
-._-,
...................
,
..,.....'..__ d._.'........
•.
FY16
Revenue
FY17
#
Revenue
#
Revenue Estimate Bill 9-15
#
-"--'-­
f-..!~-
-
Initial Establishment
FY18
Revenue
I
#
i
!
!
FYI9
I
#
FY20
Revenue
.....
--.;-~
FY21
#
Revenue
Revenue
Application (Nou­
refundable}
!
-,~.,
$200
$200 ,
$10
J60
5
0
32,000
1,000
5
1,000
1,400
5
9
1,00015
1,800
1,000
2,200
5
13
1,000
5
1,000
.
Establishment License
.
................
Duplicate License
I
I
7
I
11
!
-
-
I
I
--'~.t~Q.~_l15
3,000
i
I
Additional charge for filing
renewal application after
~E.~~ti0.E....
___._•._
I
$JQoj
$J,OOO
0
0
Establishment Change of
Location
Total Estimated
Rev~nue
-~-
I
I
-
33,000
2,400
I
_L
I
I
I
2,800
1
!
,
1
I
I
i
l
J
l
3,200
3,600
L
i
,
4,000
J
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Assumptions ­
Revenue is based on the selected fees from COMCOR 24-11 - TIle Massage Establishment License fee was reduced to $200 for the
Bodyworks estimate.
Number oflicenses issued in FY16)s based on the number ofIicensed Massage facilities (0) and the cun-ent number of body works
establishments that are members of the Maryland Reflexology Association (5).
For FY17-21 - there
will
be
5 new initial establishment applications, and 2 of the 5
will
be licensed each year (one with initial application
and one on appeal).
4. An actuarial analysis through the entire amortization period for each regulation that
would affect retiree pension or group insurance costs.
N/A
5. Later actions that may affect future revenue and expenditures if the regulation authorizes
illture spending.
None at this time.
6. An estimate of the staff time needed to implement the regulation.
See assumptions in the estimated expenditure table in
#
3 above.
7. An explanation of how the addition of new staffresponsibilities would affect other duties.
The tirst year approximately 240 hours (.llFTE) would be needed, and would be
absorbed by the HHS Department.
8. An estimate of costs when an additional appropriation is needed.
N/A
9. A description of any variable that could affect revenue and cost estimates.
Once the bill is initially passed; it is believed that only a minimum of legitimate
body,-vork businesses is projected to meet licensure. Revenue and costs \\111 be
minimized.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
All of the expenditure and revenue is difficult to project due to the uncertainty of the
number of bodywork establishments in Montgomery County. In addition to that unknown
number we do not know how many of those bodywork businesses are exempt from
Executive Regulation because they hire only certified massage therapist or registered
massage practitioner permitted under state law.
11.
If a rCf:,rulation is likely to have no "fiscal impact, why that is the case.
N/A
12.
Other fiscal impacts or comments.
N/A
13.
The following contributed to and concurred with this analysis:
Clark Bei], Sr. Administrator, DHHS Licensure and Regulatory Services
Kenneth Welch, Environmental Health Manager, DHHS Lie·ensure and Regulatory
Services
Patricia Stromberg, DHHS Budget
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Assistant ChiefRusseU
Hami1~
Montgomery County Police Department
Bruce Meier, Office of Management and Budget
Date
@
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Economic Impact Statement
BiU 9-15, Health and Sanitation-Bodywork Establishment- License
Background:
This Bill would require a license to operate a bod)"work business establishment in the
County" The Department ofHealth and Human Services would issue the license
to
operate a bodywork establishment and the Police Department would be authorized to
enforce the law.
1.
The sources of information, assumptions, and methodologies used.
It is assumed that this Bill will assist the Police Department in making inroads
against
illegitimate bodywork businesses and human trafficking. Only legitimate bodywork
businesses with demonstrated credentials would be licensed.
The
potential number of
legitimate bodywork businesses wishing
to
acquire a business license is unknown and
can't be estimated at
this
time as no data
are
available.
2. A description of any variable that could affect the economic impact estimates.
The number oflegitimate bodywork businesses applying for a license.
3. The Bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property values in tbe County.
It is anticipated that
this
Bill
will have a positive
efft.'Ct
on property values by controlling
the spread of illegitimate bodywork businesses, however,
it is
impossible
to
quantify
the
impact due to the lack of data. For the legitimate bodywork businesses licensed
in
the
County. the ComIty will receive some positive economic benefit as with any business in
County. No estimate of the economic benefit is possible due to the lack of data.
4.
If
a
Bill
is
likely to have no economic impact, why is that the case?
The economic impact
of
this
bill
is
un.knmll,'11.
It is
anticipated
to
have
a positive
impact
by assisting the Police Department in eliminating illegitimate bodywork businesses
conducting prostitution and human trafficking.
5. Tbe following contributed to or concurred with this analysis:
David Platt,
Mary
Casdotti, and Rob Hagedoom, Finance.
Department of Finance
iEl7~;rect~
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