(2) A licensee of an establishment for massage must ensure that every employee of the licensee must not, in the course of the individual’s employment at the establishment for massage, warn any other employee, or any other person in the establishment for massage, that any inspecting officer has arrived, or is about to arrive, at the establishment for massage.
(3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) For the purposes of paragraph (3), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of —
(a) an offence under paragraph (3) for contravening paragraph (1) has been convicted on at least one earlier occasion of an offence under paragraph (3) for contravening paragraph (1); or
(b) an offence under paragraph (3) for contravening paragraph (2) has been convicted on at least one earlier occasion of an offence under paragraph (3) for contravening paragraph (2).
Register of clients
Register of clients
Register of clients
14.—(1) Before providing any massage services to any individual seeking massage in an establishment for massage, the licensee of the establishment for massage must require the individual to furnish the following particulars to the licensee:
(a) the individual’s full name;
(b) the individual’s identity card number or the particulars of the individual’s passport or other travel document;
(c) the individual’s nationality;
(d) the date and time of the individual’s arrival at the establishment for massage for the massage service.
(2) The licensee must immediately enter or cause to be entered in a register the particulars furnished under paragraph (1).
(3) The licensee must immediately enter or cause to be entered in a register the date and time when the individual whose particulars are entered under paragraph (2) leaves the establishment for massage.
(4) The licensee must keep the register for at least one year after the date of the final entry in the register.
(5) The licensee must not enter or cause to be entered in the register any individual’s particulars which the licensee knows or has reason to believe is false.
(6) Any person who contravenes paragraph (1), (2), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(7) For the purposes of paragraph (6), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of —
(a) an offence under paragraph (6) for contravening paragraph (1) has been convicted on at least one other earlier occasion of —
(i) an offence under paragraph (6) for contravening paragraph (1); or
(ii) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(1) of the revoked Rules, whether the conviction was before, on or after 1 March 2018;
(b) an offence under paragraph (6) for contravening paragraph (2) has been convicted on at least one other earlier occasion of —
(i) an offence under paragraph (6) for contravening paragraph (2); or
(ii) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(2) of the revoked Rules, whether the conviction was before, on or after 1 March 2018;
(c) an offence under paragraph (6) for contravening paragraph (3) has been convicted on at least one other earlier occasion of —
(i) an offence under paragraph (6) for contravening paragraph (3); or
(ii) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(3) of the revoked Rules, whether the conviction was before, on or after 1 March 2018;
(d) an offence under paragraph (6) for contravening paragraph (4) has been convicted on at least one other earlier occasion of —
(i) an offence under paragraph (6) for contravening paragraph (4); or
(ii) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(4) of the revoked Rules, whether the conviction was before, on or after 1 March 2018; or
(e) an offence under paragraph (6) for contravening paragraph (5) has been convicted on at least one other earlier occasion of —
(i) an offence under paragraph (6) for contravening paragraph (5); or
(ii) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 9(5) of the revoked Rules, whether the conviction was before, on or after 1 March 2018.
Notification of change of name of establishment for massage
15.—(1) A licensee of an establishment for massage must notify the Licensing Officer before any change in the name of the establishment for massage takes effect.
(2) Any person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Notification of change of responsible officers, etc.
16.—(1) A licensee of an establishment for massage must notify the Licensing Officer no later than 7 days after any change in the identity of the following:
(a) any responsible officer specified in the licence application for that establishment;
(b) any person having substantial interest in, or control or direction over, the business of the licensee.
(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) For the purposes of paragraph (2), a person is a repeat offender in relation to an offence under that paragraph if the person who is convicted of the offence has been convicted on at least one other earlier occasion of —
(a) an offence under paragraph (2); or
(b) an offence under rule 13 of the revoked Rules or section 9(d) of the repealed Act for contravening rule 11 of the revoked Rules, whether the conviction was before, on or after 1 March 2018.
Cessation of business
17.—(1) A licensee of an establishment for massage must notify the Licensing Officer at least 7 days before the date on which the licensee ceases to carry on the business of providing massage services at the establishment for massage.
(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
PART 5
GENERAL
Applications and notifications by electronic means
18.—(1) Subject to paragraph (3), the following applications must be made using the electronic application service provided by the Licensing Officer:
(a) an application for a licence under section 6(1) of the Act;
(b) an application for approval for a licensee of an establishment for massage to employ an individual to work in the establishment for massage under section 14(1) of the Act;
(c) an application to renew the approval for a licensee of an establishment for massage to employ an individual to work in the establishment for massage under section 16(2)(b) of the Act;
(d) an application for approval to change the layout of an establishment for massage under rule 7(3);
(e) an application for approval to change the uniform to be worn by individuals employed to work in an establishment for massage under rule 11(3).
(2) Subject to paragraph (3), any notification required by rule 10(1), 15(1), 16(1) or 17(1) must be made using the electronic application service provided by the Licensing Officer for this purpose.
(3) If the electronic application service is not operating, an application mentioned in paragraph (1) or a notification mentioned in paragraph (2), as the case may be, must be made in such written form as the Licensing Officer may require.
(4) The Licensing Officer may reject any application or disregard any notification not made according to this rule.
Fee waiver
19. The Licensing Officer may, in an appropriate case, waive any fee payable under these Rules.
Revocation
20. The Massage Establishments Rules (Cap. 173, R 1) are revoked.
THE SCHEDULE
Rule 8
CRITERIA TO EMPLOY INDIVIDUAL IN
ESTABLISHMENT FOR MASSAGE
1. The relevant individual must not have offered or provided, for consideration, any form of sexual service.
2. The relevant individual must not have engaged in any indecent act in the course of any employment.
3. The relevant individual must not be convicted of any relevant offence under the Women’s Charter (Cap. 353).
4. The relevant individual, if employed to provide massage services in the establishment for massage, must also not be or have been convicted of any relevant offence under the Penal Code (Cap. 224).
5. In this Schedule, “relevant offence” means —
(a) any offence under section 294, 354, 354A, 375, 376 or 509 of the Penal Code; or
(b) any offence under section 140, 141, 142, 145, 146, 146A, 147 or 148 of the Women’s Charter.
Made on 23 February 2018.
Made on 23 February 2018.
PANG KIN KEONG
Permanent Secretary,
Ministry of Home Affairs,
Singapore
[MHA 112/2/0104; AG/LEGIS/SL/173/2015/2 Vol. 1]
[MHA 112/2/0104; AG/LEGIS/SL/173/2015/2 Vol. 1]