58-47b-302.2. Qualifications for registration -- Massage establishments.

569 words·~3 min read·/ut/title-58/chapter-47b/58-47b-302-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/1/2025

(a)The owner of a massage establishment shall register the massage establishment.

(b)If the massage establishment has multiple owners, the owners of the massage establishment shall choose one owner to register the massage establishment.

(2)To register a massage establishment, the owner shall:

(a)submit an application in a form the division approves;

(b)pay a fee determined by the department under Section 63J-1-504 ;

(c)provide satisfactory documentation:

(i)of registration with the Division of Corporations and Commercial Code;

(ii)of business licensure if the municipality or county in which the massage establishment is located requires a business license;

(iii)that the massage establishment's physical facilities comply with the requirements the division requires by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(iv)of each owner's ownership or right to possession of the premises where the massage establishment will be operated;

(i)consent to, and complete, a criminal background check, described in Section 58-1-301.5 ;

(ii)meet any standard related to the criminal background check described in Subsection (2)(d)(i) , that the division requires by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(iii)disclose any criminal history the division requests on a form the division approves;

(e)submit the following information for each individual for whom a criminal background check is required under Subsection

(3):

(i)full name;

(ii)any name used;

(iii)date of birth;

(iv)social security number or other satisfactory evidence of the applicant's identity permitted by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(v)address;

(vi)phone number;

(vii)email address;

(viii)license number, if licensed under this chapter;

(ix)registration number, if registered under this chapter;

(x)a recent color photograph of each owner; and

(xi)fingerprints in a form the division approves;

(f)allow the division to verify that the applicant and each individual listed in Subsection

(3)is legally present in the United States ;

(g)submit a signed attestation in a form the division approves by rule attesting that the massage establishment does not engage in illegal activities including human trafficking, sex advertising, or unlicensed practice; and

(h)meet with the division or board if requested by the division or board.

(3)An individual shall consent to and complete a criminal background check in accordance with Subsection (2)(d) if the individual:

(a)personally or constructively holds, including as the beneficiary of a trust:

(i)at least 10% of the entity's outstanding stock; or

(ii)more than $25,000 of the fair market value of the entity;

(b)has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10% of the profits, proceeds, or capital gains of the entity;

(c)is a member of the board of directors or other governing body of the entity; or

(d)serves as:

(i)an elected officer of the entity; or

(ii)a general manager of the entity.

(4)A minor who is an owner of the massage establishment as the beneficiary of a trust is exempt from Subsections (2)(d) and (2)(e) .

(5)The division may require an owner to prove continuing right of possession at any time during the registration period.

Enacted by Chapter 236 , 2025 General Session