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:
April 22. 2015
Effective:
July 22. 2015
Sunset Date:
~No~n=e
_ _ _ _ __
Ch.~.
Laws of Mont Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive and Council.members Rucker, Katz,
Rice, and Navarro
AN.ACTto:
(1)
(2)
(3)
(4)
(5)
require a license to operate a bodywork establishment
in
the County;
define bodywork;
authorize the Pepartment 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 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 wiaffected 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.
.{fil
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Definitions.
As
used in this Section, the following words and phrases
have the following meanings:
Bodywork
means the practice of using one's hands or another part of the
body to
mmIY
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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1O
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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.
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Chief
means the Chief of Police or the Chiefs 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
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
intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or
manual stimulation.
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.{Q)
Scope.
This Section does not
fil2Ply
to:
ill
an individual with
~
license, registration, or other approval issued
:Qy
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. 9-15
28
ill
an athletic trainer who:
. (A)
is certified
:Qy
~
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nationally recognized athletic trainer
certification agency identified
l?y
the Director and works
under the supervision
of~
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physician, while functioning in
the athletic trainer's professional capacity;
.{ID
.(Q
is employed
:Qy
an accredited educational institution, while
performing professional duties at that institution; or
is employed
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~
professional sports team, while treating
members of that team;
QI
ill
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business in which every person who provides services is
~
certified massage therapist or registered massage practitioner
under State law.
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(£}
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:n the application
to
be so designated. The representative must
accept any notice sent to the owner under this Section. Ifthe owner
does not
~
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
12y
the
Director;
.{ID
the bodywork establishment facility meets the minimum
standards set
12y
Executive Regulation;
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.(Q
ill}
the applicant
an application fee and license fee; and
~
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the establishment complies with
all
applicable 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
12y
regulation at all times.
Any person who operates
~bodywork
establishment must permit
~County
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police officer or the Director
to
enter the bodywork
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establishment at any time during operating hours, and at any other
time in an emergency or when the establishment is occupied.
(fil
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.
ffi
.(fil
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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.cg·
applies to
~
single location specified in the license.
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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 of the building as
g
bodywork
establishment on
g
form
provided
Qy:
the Director.
@
Bodywork establishment licensee.
ill
The licensee, if
an
individual, or an owner's representative
designated under subsection
tiUffi
[£®]],,, must
(A)
submit proof of good health required
Qy
the Director;
be at least 18 years old;
have not been convicted
.Qb
pled guilty or nolo contendere
!Q_,,
or served any
term
of probation as
g
result of being
.QU
©
charged with a:
.ill
(ii).
felony;
crone
involving
moral
turpitude,
including
solicitation, prostitution, and related crimes;
(iii)
violation of
g
controlled dangerous substances law;
or
(iv)
violation of any law regulating the practice ofg 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;
{fil
provide g passport-size photograph, fingerprints, and g list
ofthe individual's occupation or employment for the
1
years
before filing the application; and
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BILL
No. 9-15
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~
fr1
if the applicant is not g United States citizen, provide
evidence of legal presence and employability
in
the United
States.
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 of administering this Section.
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ill
Denial or Revocation gf license.
The Director may refuse
to
issue g
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:
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violates any provision of this Section;
submits :fraudulent information in support of g license application
under this Section;
is convicted
.Qt:
or pleads guilty or nolo contendere
~or
is ordered
to serve
~period
of probation after being charged with:
(A)
~
felony;
~
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.{ID
.{Q
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crime involving moral turpitude, including solicitation,
prostitution, and related crimes;
violation of g controlled dangerous substance law; or
violation of any law regulating the practice of g health.
occupation;
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ffi
permits an individual to perform bodywork services m the
establishment while under the influence of g non-prescribed drug
or alcoholic bevergge; or
ill .
is grossly negligent in the performance of bodywork.
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BILL
No.
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.(g)
Notice and opportunity.for 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
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;
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.(ID
(Q
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~
days after service of the Director's notice,
unless the parties
m
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
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
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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 g hearing waives the right to g 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
Qf
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 g written notice of the decision
at g 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 g specific time to receive g
£QPY
of the decision
and be prepared to surrender the license.
If
g 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.
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Surrender gj'license and security.
When g license is suspended or
revoked, the Director must take cu8tody of the suspended or
revoked license.
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@
Upon receipt of notice of g license revocation or suspension, unless
otherwise directed, the licensee must, within
24
hours:
ill
ill
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place the license in the mail, postage prepaid, addressed
to
the
Department; or
physically deliver the license to the Department.
If
the Department does not
receive~
suspended or revoked license within
48 hours after notification, excluding weekends or g 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
ill
remove the revoked or suspende4 license from the business .
location; and
close the place of business until the person operating the business
obtains a license.
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.
ill
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Except as provided in subsection
Q1
the Director's decision to
deny g license must not be stayed pending appeal.
Final administrative action that revokes or suspends g 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
(ID
an appropriate bond is posted.
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(kl
Penalty.
A person has
committed~
class A violation
if
the person:
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BILL NO. 9-15
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ill
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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:
George Leventhal, President, County Council
Date
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Approved:
Isiah Legge1;4 County Exetutive
I
Date
"'
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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