Fines and punishments for violations

(a) Any person, entity, or board recognized massage therapy educational program that acts in violation of Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section. (b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. 770 43-24A-30 (c) Upon being convicted a first time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor for each offense which is punishable by a fine of not less than $500.00 nor more than $5,000.00. Upon being convicted a second time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature punishable by a fine of not less than $5,000.00 nor more than $10,000.00, or imprisonment for not less than six months nor more than one year, at the discretion of the court. Upon being convicted a third or subsequent time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 for each offense, imprisonment for not less than one nor more than five years, or both, and shall be precluded from owning, operating, or working for or with an entity that offers massage therapy. History. Code 1981, § 43-24A-24, enacted by Ga. L. 2005, p. 1251, § 1/SB 110; Ga. L. 2010, p. 401, § 6/SB 364; Ga. L. 2019, p. 591, § 1/HB 242. Editor’s notes. Ga. L. 2010, p. 401, § 7/SB 364, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses which occur on or after July 1, 2010. ARTICLE 2 LOCAL REGULATION 43-24A-30. Licensing or regulation of massage therapy businesses; limitation on naming and labels. (a) A county, municipality, or other local jurisdiction may by ordinance or resolution license or regulate massage therapy businesses. Any ordinance or resolution adopted pursuant to this subsection may include, but is not limited to, at least the following requirements on such businesses: (1) Current liability insurance coverage for bodily injury, property damage, and professional liability for the massage therapy business; (2) Compliance with state and local fire and safety requirements; (3) Provision for extermination of vermin, insects, termites, and rodents in any property or location used by the massage therapy business; (4) Maintenance of equipment in a safe and sanitary condition; (5) Adequate toilet and lavatory facilities with running water, 771 43-24A-31 toilet tissue, soap dispenser with soap or other hand-cleansing materials, sanitary towels or other hand drying devices, waste receptacles, and adequate lighting and ventilation sufficient to remove objectionable odors on the premises of the business or entity or within reasonable proximity to such business or entity when it is located in a space or facilities also used by other businesses; (6) Adequate and sanitary shower facilities if the massage therapy business maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet, or steam room, including soap and sanitary cloth towels and adequate lighting and ventilation; (7) Prequalification processes, state licensure checks, interviews, or other procedures prior to approval of application for a business license for a person or entity proposing to offer massage therapy services or for a massage therapy business; (8) Requirement that a licensed massage therapist is present on the premises of a massage therapy business at any time when massage therapy is being performed for a client of the massage therapy business; and (9) Evidence of license to practice massage therapy. (b) A county, municipality, or other local jurisdiction may limit or prohibit a massage therapy business from using labels or names including the words “spa establishment,” “massage parlor,” “personal service,” or “adult entertainment.” History. Code 1981, § 43-24A-30, enacted by Ga. L. 2019, p. 591, § 1/HB 242. 43-24A-31. Prohibited elements of ordinance or regulation; no prohibition on impeding practice. (a) A county, municipality, or other local jurisdiction that licenses or regulates massage therapy businesses may not adopt any ordinance or regulation that includes any of the following: (1) Conditions or requirements required as of July 1, 2019, for licensure as a massage therapist under this chapter, including, but not limited to, criminal background checks, education, and training; provided, however, that a county, municipality, or other local jurisdiction may require a criminal background check of any employee, independent contractor, or other person working on the premises of a massage therapy business who is not a licensed massage therapist; provided, further, that a county, municipality, or other local jurisdiction may require evidence of licensure pursuant to paragraph (9) of subsection (a) of Code Section 43-24A-30; 772 43-24A-32 (2) Limitations on the location of a massage therapy business relating to its proximity to other massage therapy businesses that directly or indirectly prohibit massage therapy businesses from locating in the jurisdiction; (3) Prohibition of off-premises or mobile services by a licensed massage therapist; (4) Limitations on the operation of the massage therapy business from engaging licensed massage therapists as contractors of such business or lessees of the premises of the massage therapy business for the performance of massage therapy; or (5) Conditions or requirements that are in any manner inconsistent with the federal Health Insurance Portability and Accountability Act of 1996. (b) A county, municipality, or other local jurisdiction shall not impose any requirements relating to massage therapy for the purpose of impeding the lawful practice of massage therapy pursuant to this chapter. History. Code 1981, § 43-24A-31, enacted by Ga. L. 2019, p. 591, § 1/HB 242. 43-24A-32. Regulation and licensing of other businesses.