PRINTER'S NO. 1133
No. 1016 Session of 1979
INTRODUCED BY F. J. LYNCH, ARTY, FREIND, NOYE, MICOZZIE, PERZEL,
TRELLO, VROON, SALVATORE, ZELLER, E. R. LYNCH, ZITTERMAN,
LETTERMAN, BURD, SPITZ, DURHAM, ALDEN, GANNON AND RYAN,
APRIL 24, 1979
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 24, 1979
AN ACT
1 Relating to massage establishments and massagists.
2 TABLE OF CONTENTS
3 Section 1. Short title.
4 Section 2. Definitions.
5 Section 3. Commission on Massage Establishments.
6 Section 4. Duties and powers.
7 Section 5. Records.
8 Section 6. License requirements; penalties.
9 Section 7. Renewal and fees.
10 Section 8. Transferability of license; penalty.
11 Section 9. Form and content of licenses.
12 Section 10. Place of business specified in license; change
13 of location; penalty.
14 Section 11. Display of license; penalty.
15 Section 12. Application for license; massagist.
16 Section 13. Application for license; massage establishment.
1 Section 14. Form of signature.
2 Section 15. Grounds for denial of license.
3 Section 16. Operating requirements.
4 Section 17. Grounds for revocation of license.
5 Section 18. Suspension of license to operate massage
6 establishment or act as a massagist.
7 Section 19. Notice and hearing.
8 Section 20. Unlawful acts.
9 Section 21. Reciprocity.
10 Section 22. Local authority.
11 Section 23. Records; inspection.
12 Section 24. Change of daily management.
13 Section 25. Retroactive application.
14 Section 26. Inspections by the Department of Health.
15 Section 27. Rules and regulations.
16 Section 28. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Short title.
20 This act shall be known and may be cited as the "Massage
21 Establishment and Massagist Act,"
22 Section 2. Definitions.
23 The following words and phrases when used in this act shall
24 have, unless the context clearly indicates otherwise, the
25 meanings given to them in this section:
26 "Commission." The Commission on Massage Establishments.
27 "Conviction." A verdict of guilty by the trier of fact,
28 whether judge or jury, or a plea of guilty or a plea of nolo
29 contendere accepted by the court.
30 "Licensee." The person to whom and in whose name a license
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1 is issued under this act.
2 "Massage establishments." Any business or enterprise which
3 offers, sells, or provides, or which holds itself out as
4 offering, selling, or providing, massages including any of the
5 following: bathing, physical massage, rubbing, kneading,
6 annointing, stroking, manipulating, or other tactile stimulation
7 of the human body, by either male or female employees or
8 attendants, by hand or by any electrical or mechanical device,
9 on or off the premises. This term shall not include the business
10 or occupation of a chiropractor, chiropodist, podiatrist,
11 reflexologist, barber, nurse, optometrist, cosmetologist,
12 dentist, physician, physical therapist, or operator of a funeral
13 establishment, or a hospital or athletic coach or trainer.
14 "Massagist." Any person who performs massage services for a
15 massage establishment, and shall include self-employed
16 individuals.
17 "Partner." Includes both a general and a limited partner.
18 "Partnership." Includes both a general and a limited
19 partnership.
20 "Principal stockholder." A person who owns equity securities
21 of the licensee, whether voting or nonvoting, preferred or
22 common, in an amount equal to or greater than 10% of the total
23 amount of equity securities of the licensee issued and
24 outstanding.
25 Section 3. Commission on Massage Establishments.
26 (a) The Commission on Massage Establishments is hereby
27 established in the Department of State. The commission shall
28 consist of five members who shall be appointed by the Governor
29 and who shall be residents of this State.
30 (b) The Governor shall appoint the six members of the
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1 commission within 30 days of the enactment of this act.
2 Three members of the commission shall be registered
3 massagists meeting the requirements of this act and meeting the
4 membership criteria of the Pennsylvania Association of
5 Myomassologists or The American Massage and Therapy Association.
6 Two members shall be public members. One member shall be a
7 licensed physician. Two of the members shall be appointed for a
8 term of three years and three members shall be appointed for
9 two-year terms and one member shall be appointed for one year.
10 Thereafter, all members shall be appointed for three-year terms.
11 In the event that a member cannot complete his term of office
12 the Governor shall appoint another person to serve for the
13 remainder of the term.
14 (c) Each member of the commission shall receive as
15 compensation the sum of $30 per diem for each day or part
16 thereof actually engaged in the discharge of his duties and
17 shall be reimbursed by the State Treasurer for reasonable
18 expenses and costs incurred in traveling to and from meetings of
19 the commission.
20 (d) Four members of the commission shall constitute a quorum
21 to conduct business. In the absence of the chairman, an acting
22 chairman shall be designated by the quorum of commissioners
23 present.
24 Section 4. Duties and powers.
25 (a) The commission shall issue, revoke and suspend licenses
26 for operation of massage establishments and for the occupation
27 of massagist in accordance with the provisions of this act.
28 (b) The commission shall meet regularly not less than once
29 bimonthly, and shall conduct such special meetings and hearings
30 as shall be necessary to implement the provisions of this act.
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1 (c) Each member of the commission shall have the power to
2 administer oaths, and to compel the attendance of witnesses and
3 the production of documents and other tangible objects material
4 to its proceedings by the issuance of subpoenas to carry out the
5 purposes of this act.
6 (d) The board is hereby authorized and empowered to adopt,
7 fix, and establish all rules and regulations necessary for the
8 proper administration of the provisions of this act.
9 (e) No findings of fact shall be made by the commission
10 except upon a hearing before at least four members, three of
11 which shall concur in said finding or before a hearing examiner,
12 appointed and employed by the board with the Governor's
13 approval. All findings of fact shall be written or recorded.
14 (f) All fees and fines collected pursuant to this act shall
15 be paid into the General Fund and are hereby appropriated to the
16 bureau.
17 (g) All documents filed with the commission and all records
18 maintained shall become public, official, and business records
19 of the Commonwealth and shall be admissible in evidence in any
20 judicial proceeding in this State in accordance with the laws
21 applicable to the admissibility of such records.
22 (h) The commission shall instruct and require its agents to
23 bring prosecutions for unauthorized and unlawful practices.
24 Section 5. Records.
25 (a) The commission shall maintain separate indexes relating
26 to the licensing of massage establishments and massagists.
27 (b) The commission shall maintain an alphabetized or a
28 computerized index containing the full name, including nicknames
29 or aliases, residential address, business address, social
30 security number, driver license number, a picture and the
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1 identity of any banks within or without the State wherein
2 accounts are maintained, of every applicant and licensee. The
3 same information shall be provided for any other person whose
4 signature appears upon any document comprising an application
5 for license. Said index shall be kept current and shall indicate
6 the eligibility of such persons as licensees, and whether the
7 signatures of such persons on an application for license
8 preclude the issuance of a license based thereon.
9 (c) In carrying out its responsibilities, the commission may
10 submit names of applicants and those appearing in applications
11 to the State and local police for the purpose of a record check.
12 Section 6. License requirements; penalties.
13 (a) No person shall engage in, carry on, or participate in
14 the operation of a massage establishment or engage in the
15 occupation of massagist without first having been issued a
16 license therefore by the commission.
17 (b) No person shall be licensed by the commission as a
18 massagist unless such person shall have graduated from a
19 commission approved school of body massage.
20 (c) No person shall be licensed by the commission unless the
21 applicant passes a written and practical examination as
22 prescribed by the commission.
23 (d) Any person who meets the requirements of section 12 and
24 who applies for a license within one year of the effective date
25 of this act shall be exempt from examination.
26 (e) Whoever engages in the occupation of massagist in
27 violation of this section shall be fined not more than $500 or
28 imprisoned not more than six months, or both.
29 (f) Any person, and in the case of corporation this shall
30 include its principal stockholders, board of directors, officers
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1 and persons engaged in the management of such establishment, who
2 shall engage in, carry on or participate in the operation of a
3 massage establishment in violation of this section shall be
4 sentenced to pay a fine not exceeding $10,000, or to
5 imprisonment for not more than six months, or to both.
6 (g) Any person engaging in, carrying on, or who participates
7 in the operation of a massage establishment who if found to have
8 upon the premises a massagist in violation of this section shall
9 be sentenced to pay a fine of not less than $2,500, which fine
10 shall not be subject to suspension, nor more than $10,000. For
11 the purposes of this section, neither arrest, prosecution or
12 conviction of a massagist for violation of this section shall be
13 necessary in order for liability to attach.
14 (h) A certificate, certified by a member of the commission,
15 that a diligent search of the commission's records pertaining to
16 licenses has failed to disclose the existence of a valid license
17 for the massage establishment in question shall be prima facie
18 evidence of a violation of this section.
19 Section 7. Renewal and fees.
20 The commission shall provide for the renewal of licenses on a
21 biennial basis. Fees charged by the commission for the
22 activities listed shall be as follows:
23 Activity Fee
24 Massage establishment fee and
25 renewal $75
26 Massagist fee and renewal $25
27 Duplicate license $ 5
28 Examination fee set by board
29 Late renewal $ 5 for each
30 month or portion
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1 of month that
2 renewal form is
3 submitted late.
4 Section 8. Transferability of license; penalty.
5 (a) Each license issued shall be for the sole use and
6 benefit of the licensee to whom it is issued and shall not be
7 transferable.
8 (b) Whoever intentionally uses or permits the use, or
9 attempts to use or permit the use of a license by or on behalf
10 of a person other than the licensee to whom said license shall
11 be issued shall be be sentenced to pay a fine of not more than
12 $500, or to imprisonment for not more than six months, or to
13 both.
14 Section 9. Form and content of licenses.
15 (a) Every license shall be signed by the signature or by the
16 facsimile signature of the Secretary-Treasurer of the
17 Commission, shall bear in bold letters the date of issuance and
18 termination, and shall state the name and address of the
19 licensee.
20 (b) Every license for the operation of a massage
21 establishment shall describe the business or enterprise as a
22 "massage establishment" and the location of the premises at
23 which such business is authorized. Where the licensee is a
24 corporation, the license shall state the name and address of
25 said corporation's registered agent in this State, and the name
26 of its registered agent of such address.
27 (c) Every license issued to a massagist shall bear the
28 photograph of the licensee.
29 Section 10. Place of business specified in license; change of
30 location; penalty.
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1 (a) No license shall authorize the licensee to engage in or
2 carry on the business of operating a massage establishment in
3 any place other than the premises set forth in such license. If
4 a licensee changes the location of his place of business during
5 the period for which the license is issued, the license shall be
6 amended by making application in accordance with the provisions
7 of this act in making a new application, to authorize business
8 at the new location, provided said business is otherwise
9 permitted at the new location by the applicable law or
10 ordinance.
11 (b) Any person, and in the case of a corporation this shall
12 include its principal stockholders, board of directors,
13 officers, and persons engaged in the management of such
14 establishment, who is the holder of a license and who engages
15 in, carries on, or participates in the operation of the business
16 of operating a massage establishment at a place other than that
17 authorized by said license shall be sentenced to pay a fine of
18 not more than $500, or to imprisonment for not more than six
19 months, or to both.
20 Section 11. Display of license; penalty.
21 (a) Every person licensed to operate a massage establishment
22 shall display each license in a conspicuous manner on the
23 premises for which the license shall have been issued.
24 (b) Every massagist shall have in his possession during the
25 course of performance of services as a massagist, and while on
26 the premises of a massage establishment, and shall display upon
27 request of a police officer, his license.
28 (c) Any person who violates this section shall be sentenced
29 to pay a fine of not more than $1,000.
30 Section 12. Application for license; massagist.
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1 No license to engage in the occupation of massigist shall be
2 issued unless the applicant has executed and filed with the
3 commission an application for license which shall include:
4 (1) His full name, including nicknames or aliases,
5 residential address, place of employment, including address
6 and phone number, social security number, date of birth,
7 driver license number, and a photograph of the applicant
8 which was taken within 30 days of application.
9 (2) His sworn statement that he has never been convicted
10 of any of the following offenses: open lewdness,
11 prostitution, promoting prostitution, indecent assault,
12 indecent exposure, incest, rape, involuntary deviate sexual
13 intercourse, within three years of the date of application.
14 (3) A letter or certification of a physician stating
15 that the applicant has been examined and found free of
16 communicable diseases as of a date not more than 30 days
17 prior to submission of the application.
18 (4) A copy of the applicants fingerprints on a State
19 Police fingerprint card.
20 (5) Certificate indicating graduation from a commission
21 approved school of massage or evidence satisfactory to the
22 board indicating apprenticeship for a number of hours
23 specified by the commission under the supervision of a
24 registered massagist certified by either the Pennsylvania
25 Association of Myomassologists or The American Massage and
26 Therapy Association.
27 Section 13. Application for license; massage establishment.
28 (a) No license for the operation of a massage establishment
29 shall be issued unless the applicant has executed and filed with
30 the commission an application for license under oath and on a
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1 form prepared by the commission which is in compliance with this
2 act.
3 (b) Every application for license for the operation of a
4 massage establishment shall state the full name of the
5 applicant, including nicknames or aliases, residential address,
6 place of employment, including address and phone number, social
7 security number, date of birth, drivers license number, and a
8 photograph of the applicant taken within 30 days of the
9 application, Federal employer's identification number, and
10 address of the premises for which the application for license is
11 made. Each application shall further provide the full name,
12 including nicknames and aliases, residential address, place of
13 employment, including address and phone number, social security
14 number, and a recent photograph taken within 30 days of
15 providing this information to the commission, of the person to
16 be primarily responsible for the day to day management of the
17 massage establishment.
18 (c) Where the applicant is a corporation, no license shall
19 be issued unless there first be filed with the commission, as
20 part of the application of license:
21 (1) a copy of the certificate of incorporation certified
22 by the Secretary of the Commonwealth.
23 (2) where the applicant is a foreign corporation, a copy
24 of the certificate of the Secretary of the Commonwealth.
25 (3) a certificate which shall bear the full name,
26 including nicknames or aliases, place of employment,
27 including address and phone number, social security number,
28 date of birth, drivers license number, and a photograph taken
29 within 30 days of application of every director, officer, and
30 principal stockholder of the applicant, and each such
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1 signature shall be separately witnessed and acknowledged by a
2 notary public of the district of execution; and
3 (4) the names and addresses of all holders of stock of
4 the applicant as of a date 30 days or less prior to the date
5 of application, which shall be certified as true and correct
6 by an authorized director or officer of said corporation.
7 (d) Where the applicant is partnership or other
8 unincorporated association, no license shall be issued unless
9 there is first filed with the commission, as part of the
10 application for license, a certificate which shall bear the full
11 name, including nicknames or aliases, signature, place of
12 employment, including address and phone number, social security
13 number, date of birth, drivers license number, and a photograph
14 taken within 30 days of application of every partner or member,
15 and each such signature shall be separately witnessed and
16 acknowledged by a notary public of the district of execution.
17 Section 14. Form of signature.
18 No signature of an applicant or licensee, or of any director,
19 officer, principal stockholder or employee of an applicant or
20 licensee, or of any partner associated with an applicant or
21 licensee, which is required to be affixed to any document filed
22 under this act shall be a facsimile signature.
23 Section 15. Grounds for denial of license.
24 (a) No license to engage in the occupation of a massagist
25 shall be issued to any person convicted of any of the following
26 offenses: open lewdness, prostitution, promoting prostitution,
27 indecent sexual assault, indecent exposure, incest, rape or
28 involuntary deviate sexual intercourse within three years of the
29 date of application.
30 (b) No license for the operation of a massage establishment
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1 shall be issued:
2 (1) to any person convicted within three years of the
3 date of application of any of the following offenses: open
4 lewdness, prostitution, promoting prostitution, indecent
5 sexual assault, indecent exposure, incest, rape or
6 involuntary deviate sexual intercourse;
7 (2) to any person who formerly held a license for the
8 operation of a massage establishment, which license was
9 revoked, for two years following revocation;
10 (3) to any person who was an officer, director, or
11 principal stockholder of a corporation, or a partner or
12 member of a partnership or other unincorporated association,
13 which was licensed as a massage establishment and which
14 license was revoked for an offense or violation committed by
15 anyone while said person served in that capacity, for two
16 years following revocation;
17 (4) to any person on the basis of an application of
18 license which bears the signature of any person specified in
19 paragraph (1) who has been convicted within three years of
20 the date of application of any of the crimes set forth in
21 paragraph (1);
22 (5) to any person on the basis of an application for
23 license which bears the signature of any person specified in
24 paragraphs (2) or (3), for two years following revocation; or
25 (6) to any person unless an inspection by the commission
26 reveals that the establishment complies with the requirements
27 established by the commission rules and regulations.
28 Section 16. Operating requirements.
29 (a) Every portion of a massage establishment, including
30 appliances and apparatus, shall be kept clean and operated in a
19790H1016B1133 - 13 -
1 sanitary condition.
2 (b) Price rates for all services shall be prominently posted
3 in the reception area in a location available to all prospective
4 customers.
5 (c) No massage establishment granted a license under the
6 provisions of this act shall place, publish, distribute or cause
7 to be placed, published or distributed any advertisement,
8 picture, or statement which is known or through the exercise of
9 reasonable care should be known to be false, deceptive or
10 misleading in order to induce any person to purchase or utilize
11 any treatment or service.
12 Section 17. Grounds for revocation of license.
13 (a) A license to engage in the occupation of massagist shall
14 be revoked for a period of two years upon conviction of the
15 licensee for any of the following offenses, including conspiracy
16 to commit any of the following offenses: open lewdness,
17 prostitution, promoting prostitution, indecent sexual assault,
18 indecent exposure, incest, rape, or involuntary deviate sexual
19 intercourse.
20 (b) A license for the operating of a massage establishment
21 shall be revoked for a period of two years:
22 (1) Upon conviction of the licensee for any of the
23 following offenses, including conspiracy to commit any of the
24 following offenses: open lewdness, prostitution, promoting
25 prostitution, indecent sexual assault, indecent exposure,
26 incest, rape, or involuntary deviate sexual intercourse.
27 (2) Upon a conviction of any director, officer,
28 principal stockholder, or employee of the licensee or of a
29 partner associated with the licensee for any of the following
30 offenses, including conspiracy to commit any of the following
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1 offenses: open lewdness, prostitution, promoting
2 prostitution, indecent sexual assault, indecent exposure,
3 incest, rape or involuntary deviate sexual intercourse,
4 occurring on the licensed premises.
5 (3) Upon conviction of any director, officer, principal
6 stockholder, or employee of the licensee, or of a partner
7 associated with the licensee for any of the following
8 offenses, including conspiracy to commit any of the following
9 offenses: open lewdness, prostitution, promoting
10 prostitution, indecent sexual assault, indecent exposure,
11 incest, rape or involuntary deviate sexual intercourse, not
12 occurring on licensed premises, where said director, officer,
13 principal stockholder, partner, or employee, at the time of
14 the conduct constituting the offense, was off the premises at
15 the request or direction of the licensee for the purpose of
16 furthering the business of the licensee.
17 Section 18. Suspension of license to operate massage
18 establishment or act as a massagist.
19 (a) A license for the operation of a massage establishment
20 shall be suspended for a period of 60 days upon conviction of
21 the licensee for a violation of section 20.
22 (b) A license to engage in the occupation of massagist shall
23 be suspended for a period of two years upon conviction of the
24 licensee for a violation of section 20.
25 Section 19. Notice and hearing.
26 (a) The commission shall not deny, suspend or revoke any
27 license, or deny any application for license thereunder, except
28 after a hearing where the applicant or licensee has been given
29 at least 20 days notice in writing, specifying the reason or
30 reasons for such denial, suspension or revocation, and the date
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1 of the hearing.
2 (b) Any hearing held pursuant to this act shall be at such
3 time and place as the commission shall prescribe, but no later
4 than 20 days after receiving notice. Failure of the person or
5 persons to appear after receiving notice shall constitute a
6 waiver of the right to appear at said hearing.
7 (c) Hearings shall be before a panel of no less than four
8 commissioners and the applicant or licensee shall be permitted
9 the assistance of counsel at his own expense, to present
10 witnesses in his own behalf and to cross-examine witnesses
11 against him. The proceedings shall be recorded either
12 electronically or stenographically. The commission shall make
13 specific findings of fact based upon a preponderance of the
14 evidence upon the concurring vote of no fewer than three
15 commissioners. The commission shall give written notice,
16 accompanied by its findings of fact and conclusions of law, of
17 its action within ten days of said hearing.
18 (d) The applicant or licensee shall have the right of appeal
19 to the Commonwealth Court upon filing notice of appeal within 20
20 days of the decision of the commission. Such review shall be on
21 the record and shall not be de novo; and the cost of
22 transportation shall be borne by the appellant.
23 Section 20. Unlawful acts.
24 (a) It shall be unlawful for any person, in a massage
25 establishment, to place his or her hand or hands upon, to touch
26 with any part of his or her body, to fondle in any manner, or to
27 massage, sexual or genital part of any other person.
28 (b) It shall be unlawful for any person, in a massage
29 establishment to expose his or her sexual or genital parts, or
30 any portion thereof, to any other person. It shall also be
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1 unlawful for any person, in a massage establishment, to expose
2 the sexual or genital parts, or any portions thereof, of any
3 other person.
4 (c) It shall be unlawful for any person, while in the
5 presence of any other person in a massage establishment, to fail
6 to conceal with a fully-opaque covering, the sexual or genital
7 parts of his or her body.
8 (d) It shall be unlawful for any person owning, operating or
9 managing a massage establishment, knowingly to cause, allow or
10 permit in or about such massage establishment, any agent,
11 employee, or any other person under his control or supervision
12 to perform any act prohibited by this section.
13 (e) It shall be unlawful for any massagist to treat persons
14 on an outcall basis. A massagist shall administer massage solely
15 within the establishment licensed to carry on such business.
16 This restriction on outcall massage shall not apply to a
17 massagist who treats a customer or client who, because of
18 reasons of physical defects, incapacities or due to illness is
19 physically unable to travel to the massage establishment. If any
20 outcall massage is performed under this exception, a record of
21 the date and hour of each treatment, and the name and address of
22 the customer or client, and the name of the massagist
23 administering such treatment and the type of treatment
24 administered, as well as the nature of the physical defect,
25 incapacity or illness of said client or customer, shall be kept
26 by the licensee or person or employee designated by the
27 licensee.
28 (f) It shall be unlawful to use the term massagist or
29 massage establishment unless duly licensed under the provisions
30 of this act.
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1 (g) Any person who violates the provisions of this section
2 shall be sentenced to pay a fine of $1,000, or to imprisonment
3 for not more than 30 days, or to both.
4 Section 21. Reciprocity.
5 The commission, in its discretion, and otherwise subject to
6 the provisions of this act and the rules and regulations of the
7 commission promulgated thereunder prescribing the qualifications
8 of a massagist, may endorse a massagist licensed by the proper
9 authorities of any other state, upon payment of the required fee
10 and upon evidence satisfactory to the commission:
11 (1) that such other state maintains a system and
12 standard of qualifications and examination equivalent to
13 those required in this Commonwealth at the time such other
14 license was issued by such other state; and
15 (2) that such other state gives similar recognition and
16 endorsement to massagists licenses of this Commonwealth.
17 Section 22. Local authority.
18 Nothing contained in this act shall be construed to eliminate
19 other requirements of State law or local ordinance concerning
20 the maintenance of premises or to preclude authorized inspection
21 thereof whenever such inspection is deemed necessary by the
22 police or health authorities.
23 Section 23. Records; inspection.
24 (a) Every massage establishment shall maintain on the
25 premises and keep current a record of all massagists in its
26 employ, a record of all massagist who have been employed after
27 the effective date of this act, and record containing the names
28 and address of all customers, the date of attendance and the
29 name of the massagist.
30 (b) All records which are required to be maintained pursuant
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1 to this act shall be subject to inspection on demand by any
2 police officer or by the commission or any member thereof.
3 (c) Any person who violates this section shall be sentenced
4 to pay a fine of not more than $200 or to imprisonment for not
5 more than six months, or to both.
6 Section 24. Change of daily management.
7 (a) A massage establishment shall notify the commission in
8 writing within ten days of any change in the identity of the
9 persons identified pursuant to section 13.
10 (b) Any person who violates this section shall be sentenced
11 to pay a fine of $1,000.
12 Section 25. Retroactive application.
13 The provisions of this act shall apply with equal force and
14 effect to businesses and enterprises in existence prior to the
15 effective date of this act and to those undertaken thereafter.
16 Section 26. Inspections by the Department of Health.
17 The premises at which the business of a massage establishment
18 is carried on shall be subject to periodic inspection by the
19 Department of Health upon reasonable notice to said
20 establishment for the prevention of the spread of communicable
21 diseases.
22 Section 27. Rules and regulations.
23 The commission shall have the power to make such rules and
24 regulations not inconsistent with the law as are necessary for
25 the performance of its duties.
26 Section 28. Effective date.
27 This act shall take effect in 90 days.
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