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:
April 14. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date: --'NO..-o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By:
Council President at the request of the County Executive and Councilmembers Rucker, 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
24-1 lB
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
*
*
*
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 unciffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 9-15
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Sec.1. Section 24-llB is added as follows:
24-llB. Bodywork Establishments.
!ru
Definitions.
As
used in this Section, the following words and phrases
have the following meanings:
5
Bodywork
means the practice of using one's hands or another part of the
body to
filmly
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.
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Bodywork establishment
means any business that advertises bodywork
services or where any employee, agent, or contractor performs bodywork
on an individual.
Chief
means the Chief of Police or the Chief's designee.
Director
means the Director of the Department of Health and Human
Services or the Director's designee.
·
Licensee
means an individual owner
of~
bodywork establishment or an
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individual designated
Qy
the owner if the owner is not an individual.
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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
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intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or
manual stimulation.
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.{hl
Scope.
1bis Section does
not~
to:
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ill
an individual with
~
license, registration, or other approval issued
12y
the Maryland State Board of Chiropractic and Massage Therapy
Examiners to provide massage under
.§.
3-SA-05 of the Health
Occupations Article;
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BILL
No.
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ill
an athletic trainer who:
(A)
is certified
Qy
~
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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;
.{ID
is employed
Qy
an accredited educational institution, while
performing professional duties at that institution; or
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.{g
is employed
Qy
~professional
sports team, while treating
members of that team; or ·
ill
~
business in which every person who provides services is
~
certified massage therapist or registered massage practitioner
under State law.
.(£}
Bodywork establishment.
ill
License required
A bodywork establishment must
have~
license
issued
Qy
the Director under this Section. The licensee must be the
owner of the establishment.
If
the 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
o!1 the application to be so designated. The representative must
accept any notice sent to the owner under this Section.
If
the owner
does not
oo
any fine, penalty, or fee due under this Section, the
Director may collect the fine, penalty, or fee from the owner's
representative.
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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:·
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BILL
No. 9-15
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(A)
the applicant meets the requirements of this Section and
completes
~
license application on
~
form provided
]2y
the
Director;
ml
.(Q
ill)
the bodywork establishment facility meets the minimum
standards set
Qy:
Executive Regulation;
the
applicant~
an application fee and license fee; and
the establishment complies with
all
awlicable zoning,
health, fire prevention, and building laws and regulations.
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The Director must conduct
~
pre-licensing inspection of any
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bodywork establishment, and may conduct other inspections
necessary to enforce this Section.
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A bodywork establishment must continue
to
meet the minimum
standards set
]2y
regulation at all times.
Any person who operates
~
bodywork establishment must permit
~
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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.
®
Any person who operates
~
bodywork establishment must not
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allow
~
person to perform any sexual activity with another person
in the establishment.
tD.
@
A bodywork establishment license has
~term
of one year and must
be renewed annually.
A bodywork establishment license;
(A)
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
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ml
.(Q
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applies to
~
single location specified in the license.
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BILL No. 9-15
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(2}
If
an applicant for g bodywork establishment license does not own
the building where the establishment would be located, the
building owner must approve the use ofthe building as
g
bodywork
establishment on
g
form provided
]2y
the Director.
@
Bodywork establishment licensee.
ill
The licensee, if
an
individual, or
an
owner's representative
designated under subsection
UD(l)
[[{All],_
must
(A)
(ID
submit proof of good health required
:Qy
the Director;
be at least
18
years old;
have not been convicted
Qi:
pled guilty or nolo contendere
!Q,_
or served any term of probation as
g
result of being
(Q
charged with a:
ill
@.
felony;
cnme
.
involving
moral
turpitude,
including
solicitation, prostitution, and related crimes;
(iii)
violation
of~
controlled dangerous substances law;
(iv)
violation of any law regulating the practice
of~
health
occupation;
ill)
not permit an individual
to
perform bodywork services in
the establishment while under the influence of g ·non-
prescribed drug or alcoholic beverage;
.(ID
provide g passport-size photograph, fingerprints, and
~
list
ofthe individual's occupation or employment for the
J_
years
before filing the application; and
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BILL
No.
9-15
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fr)
if the applicant is not
~
United States citizen, provide
evidence of legal presence and .employability
in
the United
States.
.CSU
Executive Regulations.
The Executive must adopt an Executive
Regulation under Method
ill
establishing the minimum standards for
~
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 of administering this Section.
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ill
Denial or Revocation
Qf
license.
The Director may refuse to issue
license under this Section, and may suspend or revoke
~
~
license issued
under this Section, after
~
hearing for which reasonable notice has been
given, if the licensee or applicant:
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ill
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violates any provision of this Section;
submits fraudulent information
in
support
of~
license application
under this Section;
is convicted
.Qi:
or pleads guilty or nolo contendere
!Q_,_
or is ordered
to serve
~period
of probation after being charged with:
(A)
~felony;
~
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ill)
crime involving moral turpitude, including solicitation,
prostitution, and related crimes;
.(Q
.(Q)
violation
of~
controlled dangerous substance law; or
violation of any law regulating the practice of
~
health.
occupation;
ill
permits an individual to perform bodywork services m the
establishment while under the influence
of~
non-prescribed drug
or alcoholic beverage; or
ill .
is grossly negligent in the performance of bodywork.
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No.
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.(g)
Notice and opportunity for hearing.
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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
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mail is effective
.1
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, suspens10n, or
revocation;
Qll
(g
identify the specific grounds for the Director's findings; and
set
~
date for
~
hearing on denial of the ·application or
suspension or revocation of the license. The hearing must
be held at least
2
days after service of the Director's notice,
unless the parties agree to an earlier date.
ill
Hearing.
The Director
or~
designee may conduct the hearing. At
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
.1
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
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BILL
No. 9-15
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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.
®
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
Qy
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 of this provision,
the Director may require the applicant or licensee to appear at the
Director's office
at~
specific time to receive a
gmy
of the decision
and be prepared to surrender the license.
If~
licensee or
app~icant
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.
ill
Surrender
gf
license and security.
When~
license is suspended or
revoked, the Director must take cu.Stody of the suspended or
revoked license.
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No. 9-15
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®
Upon receipt of notice of
~
license revocation or suspension, unless
otherwise directed, the licensee must, within 24 hours:
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place the license
in
the mail, postage prepaid, addressed to the
Department; or
physically deliver the license to the Department.
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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:
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remove the revoked or suspende4 license from the business .
location; and
close the place of business until the person operating the business
obtains§: license.
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Appeals.
ill
Any person aggrieved
J2y
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 Court and the Court of Special Appeals.
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Except as provided in subsection
fil
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:
(A)
the Court finds that the public health, safety, or welfare will
not be endangered dUring the appeal; and
CID
00
an appropriate bond is posted.
Penalty.
A person
has
committed§: class A violation if the person:
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No. 9-15
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violates
any
provision of this Section; or
submits fraudulent information
in
support of!! license application
under this Section.
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Approved:
rtv-P
George Leventhal, President, County Council
Approved:
'-1/t&
/rs
Date
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda
M. Lauer, Clerk of the Council
Date
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