Township of Carroll, PA
Perry County
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Table of Contents
Table of Contents
[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.

§ 95-1 Scope.

This chapter shall provide for the regulating and licensing of the operation of human body massage in Carroll Township, Perry County, Pennsylvania.

§ 95-2 Findings and purpose.

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.

§ 95-3 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
MASSAGE
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.
MASSAGE ESTABLISHMENT
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.
MASSAGE TECHNICIAN
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.
PERSON
Any individual, or any firm, partnership, corporation or other association of individuals or group acting as a unit.
SEXUAL AND GENITAL AREA
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.

§ 95-4 Massage technician license required.

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.

§ 95-5 Massage establishment license required.

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.

§ 95-6 Application for massage technician license.

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.
(8) 
A recent photograph.[1]
[Amended 12-2-2003 by Ord. No. 51]
[1]
Editor's Note: Original Section 6(a)(9), regarding fingerprints, which immediately followed this subsection, was deleted 12-2-2003 by Ord. No. 51.
(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.

§ 95-7 Issuance of massage technician 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.

§ 95-8 Suspension and revocation of massage technician license.

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.

§ 95-9 Application for massage establishment license.

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.

§ 95-10 Issuance of massage establishment 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.

§ 95-11 Suspension and revocation of massage establishment license.

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.

§ 95-12 Necessary facilities for massage establishment.

[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.

§ 95-13 Operating regulations.

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.

§ 95-14 Prohibited activities.

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.

§ 95-15 Display of licenses.

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.

§ 95-16 Identification card.

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.
C. 
It shall be unlawful for any massage technician to violate the provisions of § 95-16B.

§ 95-17 Inspections.

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.
B. 
It shall be unlawful for any person to prohibit or attempt to prohibit an inspection as provided in Subsection A above.

§ 95-18 Transfer of licenses.

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.

§ 95-19 Deferred compliance.

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.
B. 
With the sole exception of the foregoing provisions of Subsection A, all other provisions of this chapter shall become effective upon enactment hereof.

§ 95-20 Enforcement and permanent revocation.

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.
B. 
Any person who is convicted of violating any part of § 95-14 of this chapter shall suffer an automatic revocation of any license issued under this chapter and shall be permanently disqualified from making application for any license hereunder in the future.