(a) All massage establishments must be licensed pursuant to this chapter. Applications for licensure shall be submitted together with the required fees set by the Division of Professional Regulation.

(b) An application for massage establishment licensure shall identify the professional-in-charge and shall include notarized acknowledgement by the person identified as the professional-in-charge. At all times, the professional-in-charge shall be licensed pursuant to this chapter and shall hold a license in good standing as defined in this title. A licensee may serve as professional-in-charge for only 1 establishment at any given time, unless the licensee has sought and received a waiver. The Board shall be notified in writing of any change in the professional-in-charge within 10 business days of such change.

(c) Massage establishments shall employ only licensed massage and bodywork therapists or certified massage technicians to practice massage and bodywork.

(d) No massage establishment shall be used as or for a dormitory nor shall any licensee under this chapter permit any massage establishment to be so used.

(e) The Board shall establish by regulation the permissible operating hours of massage establishments, as well as the mechanisms to apply for a waiver. Services shall be rendered to the public in any massage establishment only during permissible operating hours when the establishment is open and may be inspected by any agent of the Division.

(f) (1) All internal and external doors shall be kept unlocked during operating hours except as follows:

a. Restroom doors may be locked.

b. External doors may be locked if the massage establishment is a business entity owned by 1 individual and has no more than 1 employee or independent contractor.

c. Internal doors may be locked to protect confidential patient or business information.

(2) If the inspecting official requests access to doors locked under this subsection during an inspection, the doors must be opened immediately. A person who refuses to immediately open a locked door during an inspection is unlawfully operating or managing the massage establishment under § 5317(b) of this title.

(g) No professional-in-charge of a massage establishment may allow, authorize, or tolerate in his or her massage establishment any activity or behavior prohibited by the laws of the State including such laws proscribing acts of or promotion of prostitution, indecent exposure, lewdness or obscenity.

(h) Any conviction of any crime identified in paragraph (g) of this section occurring on or in connection with the massage establishment shall be grounds for revocation of the license of the establishment and no new license for the operation of a massage establishment on the same premises or to the same professional-in-charge thereafter shall be issued for a period of 1 year.

(i) A massage establishment license issued pursuant to this chapter shall be issued for a single, identified location and is not assignable or transferable.

(j) A massage establishment may not advertise for sexually explicit services or engage in any sexually explicit advertising. Any such advertising will be imputed to the professional-in-charge and is grounds for discipline of the massage establishment license and the professional-in-charge’s license.

(k) The Board may establish by regulation additional requirements and prohibitions regarding the operation of massage establishments.

81 Del. Laws, c. 104, § 10; 70 Del. Laws, c. 186, § 1.