12. Licensee’s supervision of employees

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 —

provide, or offer to provide, any sexual service to any other individual in the establishment for massage;

engage in any indecent act in the establishment for massage;

be indecently dressed in the establishment for massage; and

tout for business or loiter outside the establishment for massage.

Any person who contravenes paragraph (1)(a), (b), (c) or (d) 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.

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 —

an offence under paragraph (2) for contravening paragraph (1)(a) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(a);

an offence under paragraph (2) for contravening paragraph (1)(b) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(b);

an offence under paragraph (2) for contravening paragraph (1)(c) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(c); or

an offence under paragraph (2) for contravening paragraph (1)(d) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(d).

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 —

provide, or offer to provide, any sexual service to any other individual in the establishment for massage;

engage in any indecent act in the establishment for massage;

be indecently dressed in the establishment for massage; and

tout for business or loiter outside the establishment for massage.

Any person who contravenes paragraph (1)(a), (b), (c) or (d) 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.

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 —

an offence under paragraph (2) for contravening paragraph (1)(a) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(a);

an offence under paragraph (2) for contravening paragraph (1)(b) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(b);

an offence under paragraph (2) for contravening paragraph (1)(c) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(c); or

an offence under paragraph (2) for contravening paragraph (1)(d) has been convicted on at least one earlier occasion of an offence under paragraph (2) for contravening paragraph (1)(d).