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 19790H1016B1133 - 2 -
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 19790H1016B1133 - 3 -
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. 19790H1016B1133 - 4 -
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 19790H1016B1133 - 5 -
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 19790H1016B1133 - 6 -
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 19790H1016B1133 - 7 -
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. 19790H1016B1133 - 8 -
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. 19790H1016B1133 - 9 -
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 19790H1016B1133 - 10 -
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 19790H1016B1133 - 11 -
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 19790H1016B1133 - 12 -
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 19790H1016B1133 - 14 -
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 19790H1016B1133 - 15 -
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 19790H1016B1133 - 16 -
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. 19790H1016B1133 - 17 -
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 19790H1016B1133 - 18 -
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. A10L31RLC/19790H1016B1133 - 19 -