[HISTORY: Adopted by the Board of Supervisors
of Carroll Township 3-2-1983 by Ord. No. 24. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 138.
This chapter shall provide for the regulating
and licensing of the operation of human body massage in Carroll Township,
Perry County, Pennsylvania.
The people and citizens of the Township of Carroll
acting by and through their duly elected governing body, the Board
of Supervisors, are aware that the practice of body massage under
certain circumstances can scientifically promote physical well-being
by relieving and relaxing muscle tension, stimulating vascular circulation
which enhances the disposition of waste products generated by muscular
exercise, and assisting in the development of muscle tone through
a form of passive exercise. It is further recognized that the physical
contact involved in such practice can provide a source of communication
of disease for which the health and safety of the community requires
local government control and supervision. This Board further recognizes
that various businesses operating under the guise of practicing body
massage, sometimes called "massage parlors," are intended to stimulate
sexual and erotic reactions which this Board believes is contrary
to the morals and welfare of this Township. In addition to regulating
the legitimate and bona fide practice of massage, this Board of Township
Supervisors intends to prohibit and prevent the abuse of said practice
for sexual or erotic stimulation and purposes.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed to them by this
section:
Any method of pressure on or friction against, stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person, partnership, corporation or association engages in, carries
on, or permits to be engaged in or carried on the practice of massage
as is defined above, but shall exclude licensed hospitals, licensed
nursing homes, medical clinics and the offices and quarters of licensed
health profession practitioners.
Any masseur (male) or masseuse (female) who engages in the
practice of massage for any consideration whatsoever, but shall exclude
persons licensed by the Commonwealth of Pennsylvania to practice healing
arts (i.e., medicine, osteopathy, podiatry, physical therapy, nursing,
chiropractic) and barbers, beauticians and manicurists insofar as
they deal with the head, hands and feet.
Any individual, or any firm, partnership, corporation or
other association of individuals or group acting as a unit.
The genital organs, pubic area, anus or perineum of any person;
the penis or scrotum of any male person; the vulva, vaginal cavity,
clitoris, or breasts of any female person.
It shall be unlawful for any person to engage
in, conduct or carry on the practice of massage in the Township of
Carroll without first having obtained a massage technician license
from the Zoning Officer.
It shall be unlawful for any person to maintain,
operate or conduct a massage establishment in the Township of Carroll
without first having obtained a massage establishment license from
the Zoning Officer.
A.
Each person seeking a massage technician license shall
submit to the Zoning Officer a written application containing the
following:
(1)
Name and residence of applicant.
(2)
Applicant's motor vehicle operator's license number,
if any.
[Amended 12-2-2003 by Ord. No. 51]
(3)
Applicant's weight, height, color of hair and color
of eyes.
(4)
Written evidence that the applicant is at least 18
years of age.
(5)
A statement of applicant's each place and type of
employment for three years immediately preceding the date of application,
indicating precise dates and addresses.
(6)
A statement of applicant's each place of residence
for three years immediately preceding the date of application, indicating
precise dates and addresses.
(7)
Applicant's statement of conviction of any crime or
forfeiture of bond or bail involving any criminal charge or violation
of ordinance (except minor traffic violations) within five years immediately
preceding the date of the application, indicating the precise charge,
location, date and disposition.
(9)
A Pennsylvania licensed physician's certificate obtained
within not more than 30 days immediately preceding the date of the
application from the physician certifying that the applicant is free
from any contagious or communicable diseases and that the physician
based his/her conclusions, in part, upon a recognized blood test for
syphilis, HIV, AIDS, hepatitis B, hepatitis C, a culture for gonorrhea,
and the specific test or tests for tuberculosis.
[Amended 12-2-2003 by Ord. No. 51]
(10)
The application shall be made under oath before a
notary public or other officer of the Commonwealth of Pennsylvania
authorized to administer oaths.
B.
Each applicant shall pay to the Township of Carroll
at the time of submitting the application a nonrefundable filing fee
for an original application, and a nonrefundable filing fee for each
renewal application. Said fees shall be as set from time to time by
resolution of the Board of Supervisors.
C.
A license issued hereunder shall have a life or term
of one year from the date of issue. An application for a renewal of
said license for one year may be filed at any time prior to the expiration
of the then-existing license.
Within 30 days after receiving a complete application
for a massage technician license, the Zoning Officer may issue said
license to the applicant unless the said Zoning Officer determines
that the applicant:
A.
Is under the age of 18 years; or
B.
Has been convicted of or has forfeited bond or bail
on a charge of violating a criminal law or ordinance within five years
immediately preceding the filing of the application involving sexual
misconduct, dishonesty, fraud or deceit; or
C.
Is not free from a contagious or communicable disease.
A.
A massage technician license may be suspended or revoked
by the Township Code Enforcement Officer upon the occurrence of any
of the following events:
[Amended 12-2-2003 by Ord. No. 51]
(1)
The application for such license contained a false
statement or statements.
(2)
The massage technician has violated the provision
of this chapter.
(3)
The massage technician contracts a contagious or communicable
disease.
(4)
The massage technician is convicted of or has forfeited
bond or bail on a charge of violating a criminal law or ordinance
in this or any other jurisdiction involving sexual misconduct, dishonesty,
fraud or deceit.
B.
The Township Code Enforcement Officer shall serve
the massage technician with written notice of said suspension or revocation,
specifying the reasons therefor, before said suspension or revocation
shall become effective. Service of said notice shall be deemed effective
if delivered to the person in apparent charge of the massage establishment.
[Amended 12-2-2003 by Ord. No. 51]
C.
The massage technician shall have the right to a hearing
on said suspension or revocation, which hearing shall be held before
the Board of Supervisors within 10 days after the service of the notice
of such suspension or revocation, whether or not the suspension or
revocation was effective immediately.
A.
Each person seeking a massage establishment license
shall submit to the Zoning Officer a written application containing
the following:
(1)
A detailed statement indicating the exact nature of
the massage to be administered, the proposed location of the establishment
and the detailed plans therefor.
(2)
Specific information on each individual, partner limited
partner, corporate officer, corporate director, corporate stockholder
owning more than 3% of the issued and outstanding stock of a corporate
applicant, comprising the applicant, to include the following:
(a)
Name and resident address.
(b)
Motor vehicle operator's license number, if
any.
[Amended 12-2-2003 by Ord. No. 51]
(c)
Weight, height, color of eyes and color of hair.
(d)
A statement of each place and type of employment
for three years immediately preceding the date of application, indicating
precise dates and addresses.
(e)
A statement of each place of residence for three
years immediately preceding the date of application, indicating precise
dates and addresses.
(f)
A statement of conviction of any crime or forfeiture
of bond or bail involving any criminal charge or violation of ordinance
(except minor traffic violations) within five years immediately preceding
the date of the application, indicating the precise charge, location,
date and disposition.
(g)
At the Zoning Officer's discretion, a photograph
and/or fingerprints taken by the Carroll Township Police Department
or another approved law enforcement agency within or outside Carroll
Township.
(3)
The application shall be made under oath before a
notary public or other officer of the Commonwealth of Pennsylvania
authorized to administer oaths.
(4)
If the applicant is a corporation, a duly certified
copy of its Articles of Incorporation shall be submitted with the
application.
(5)
If the applicant is a partnership, a duly certified
copy of the partnership agreement shall be submitted with the application.
B.
Each applicant shall pay to the Township of Carroll
at the time of submitting the application a nonrefundable filing fee
for an original application and a nonrefundable filing fee for each
renewal application. Said fees shall be as set from time to time by
resolution of the Board of Supervisors. In addition the applicant
shall pay such other fees as may be required under any other ordinance
which may be applicable.
C.
A license issued hereunder shall have a life or term
of one year from the date of issue of the final massage establishment
license (Part II). An application for a renewal of said license for
one year may be filed at any time prior to the expiration of the then-existing
license.
A.
A massage establishment license shall consist of two
parts, as follows:
(1)
Part I: An indication that the persons involved in said application meet the requirements of § 95-9 hereinabove and that the proposed operation, if permitted, will not violate other applicable ordinances of this Township.
(2)
Part II: The final license to be issued before occupancy
and use of said establishment.
B.
Within 30 days after receiving a complete application,
the Zoning Officer may issue Part I of said massage establishment
license to the applicant unless the said Zoning Officer determines
that:
(1)
An individual comprising the applicant has been convicted
of or has forfeited bond or bail on a charge of violating a criminal
law or ordinance within five years immediately preceding the filing
of the application involving sexual misconduct, dishonesty, fraud
or deceit; or
(2)
That the operation as proposed by the applicant, if
permitted, would not comply with all applicable ordinances of this
Township.
C.
Within 10 days after receiving a written request from the applicant for inspection of the completed establishment, the Zoning Officer shall inspect said establishment and issue the final massage establishment license (Part II) to the applicant provided that a valid Part I of said license has been issued less than one year before said issuance of the final license, unless the said Zoning Officer determines that the establishment does not comply with the requirements of § 95-11 hereinbelow.
A.
A massage establishment license may be suspended or
revoked by the Zoning Officer upon the occurrence of any of the following
events:
(1)
The application for such license contained a false
statement or statements.
(2)
The massage establishment licensee has violated the
provisions of this chapter.
(3)
An individual comprising the massage establishment
licensee has been convicted of or has forfeited bond or bail on a
charge of violating a criminal law or ordinance in this or any other
jurisdiction involving sexual misconduct, dishonesty, fraud or deceit.
B.
The Zoning Officer shall serve the massage establishment
licensee with written notice of said suspension or revocation, specifying
the reason therefor, before said suspension or revocation shall become
effective. Service of said notice shall be deemed effective if delivered
to a person in apparent charge of the massage establishment.
C.
The massage establishment licensee shall have the
right to a hearing on said suspension or revocation, which hearing
shall be held before the Board of Supervisors within 10 days after
service of the notice of such suspension or revocation, whether or
not the suspension or revocation was effective immediately.
[Amended 12-2-2003 by Ord. No. 51]
No massage establishment shall be issued a permit,
nor be operated, established or maintained in the Township, unless
an inspection by the Zoning Officer reveals that the establishment
complies with each of the following minimum requirements:
A.
Construction of rooms used for toilets, tubs, steam
baths and showers shall be made waterproof with approved waterproof
materials and shall be installed in accordance with the appropriate
building code of the Township.
B.
All massage tables, bathtubs, shower stalls, steam
or bath areas and floors shall have surfaces which may be readily
disinfected.
C.
Adequate bathing, dressing and locker facilities shall
be provided for the patrons to be served at any given time. In the
event male and female patrons are to be served, separate bathing,
dressing, locker and massage room facilities shall be provided.
D.
The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
E.
Closed cabinets shall be provided and used for the
storage of clean linens, towels and other materials used in connection
with administering massages. All soiled linens, towels and other materials
shall be kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas.
F.
Toilet facilities shall be provided in convenient
location. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each 20 or more employees or patrons of that sex on the premises at
any one time. Urinals may be substituted for half of the water closets
for the male patrons after one water closet has been provided. Toilets
shall be designated as to the sex accommodated therein.
G.
Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room or
a vestibule immediately adjacent thereto. Lavatories or washbasins
shall be provided with soap and a dispenser and with sanitary towels.
H.
The premises shall be equipped with a service sink
for custodial services.
I.
The premises shall comply with all building and safety
codes of the Commonwealth of Pennsylvania and this Township.
A.
All areas of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
B.
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.
All employees of a massage establishment, including
massage technicians, shall be clean and wear clean, nontransparent
outer garments. A separate dressing room for each sex must be available
on the premises and each dressing room shall contain a tub or shower
in good working order and individual lockers for each employee and
customer. Doors to such dressing rooms shall open inward and shall
be self-closing.
D.
The massage establishment shall be stocked with clean,
laundered sheets and towels in sufficient quantity and shall be laundered
after each use thereof and stored in a sanitary manner.
E.
The sexual or genital area of patrons must be covered
by towels, cloths or undergarments when in the presence of an employee
or a massage technician.
F.
All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms, and all other physical facilities shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floors, it shall be
kept dry.
G.
Oils, creams, lotions and other preparations used
in administering massages shall be kept in clean, closed containers
or cabinets.
H.
Eating in the massage work areas shall not be permitted.
Animals, except for seeing-eye dogs, hearing-ear dogs and other service
dogs, shall not be permitted in the massage work areas.
[Amended 12-2-2003 by Ord. No. 51]
I.
Each massage technician shall wash his or her hands
in hot running water, using a proper soap or disinfectant, before
administering a massage to each patron.
J.
Each patron must bathe his or her entire body on the
massage establishment premises before submitting to massage by a massage
technician.
K.
Each massage establishment and each massage technician
shall keep and maintain at all times on the premises of said establishment
a written record of the patrons served, which record shall include
the name and address of the patron, the date and time (including duration)
of the massage operation, the type and nature of the massage performed
and the fee or other consideration charged. Said records shall be
maintained for not less than five years.
It shall be unlawful:[1]
A.
For a massage technician or any other person knowingly
to place his or her hand or hands upon, to touch with any part of
his or her body, to fondle, or caress in any other manner, or to massage
the sexual or genital area of any other person.
B.
For a massage technician or any other person to perform,
offer or agree to perform any act which would require the touching
of the sexual or genital area of any other person.
C.
To employ any person under the age of 18 years in
any capacity in and at a massage establishment.
D.
To permit any person under the age of 18 years to
come to or remain on the premises of any massage establishment whether
as patron, guest or otherwise, except upon permission of said person's
parent or guardian.
[Amended 12-2-2003 by Ord. No. 51]
E.
To employ a person to practice massage without such
person being duly licensed or certified as a massage technician.
[Amended 12-2-2003 by Ord. No. 51]
[1]
Editor's Note: Original Section 14(a), prohibiting
massages on persons of the opposite sex, which immediately followed
this provision, was deleted 12-2-2003 by Ord. No. 51.
A massage establishment and each massage technician
shall display their respective valid licenses in a conspicuous place
within the massage establishment in such manner that the same may
be readily seen by persons upon entering the establishment.
A.
The Zoning Officer shall provide each duly licensed
massage technician with an identification card containing the technician's
photograph, name, license number and license expiration date.
B.
Each duly licensed massage technician shall wear and
display said identification card on the front of his or her outermost
garment at all times while on the premises of the massage establishment.
A.
The Zoning Officer, or his designee, shall from time to time make inspections of each massage establishment for the purposes of determining compliance with the provisions of this chapter. Such inspection shall include the right to inspect the records required to be maintained pursuant to § 95-13K hereinabove. In applying for and accepting a massage establishment license, the licensee is deemed to have agreed to such inspection without notice or legal process.
All licenses issued hereunder are not transferable.
Said licenses are issued only for a given geographical premises in
the case of a massage establishment license and to a specific person
in the case of a massage technician license.
A.
The owner or operator of a massage establishment operating
in this Township as of the effective date of this chapter may apply
to the Zoning Officer for and may be granted a grace period not to
exceed six months in order to comply with the requirements necessary
for the issuance of a final massage establishment license (Part II)
pursuant to § 195-10 of this chapter.
A.
Violations and penalties.
(1)
Except as indicated in Subsection A(2) below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
(2)
If enforcement of this chapter is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation of this chapter, shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
