[HISTORY: Adopted by the Borough Council of the Borough of Coopersburg 5-10-2005
by Ord. No. 576. Amendments noted where applicable.]
It is intended that the regulations applicable to massage, massage therapy,
reflexology, bodywork and spa services address any potential effects which
may be detrimental to the public welfare, and to protect and preserve the
quality of the Borough's neighborhoods and commercial districts and the
quality of life in the Borough, the Borough's retail trade, to maintain
property values, to reduce the incidence of unlawful activity and to promote
and protect generally the health, safety and welfare of the citizens of and
those who come to work and visit in the Borough. The provisions of this chapter
have neither the purpose of nor shall they effect a restriction on the access
to legitimate therapeutic massage and spa services.
As used in this chapter, except where the context clearly indicates
otherwise, the following words or phrases shall have the meanings indicated
as follows:
A person who is required to file an application for permit or license
under this chapter, including an individual owner, manager, partner, officer
of a corporation, or any other operator, manager, employee or agent of a massage
or spa business.
Every owner, partner, manager, supervisor, or other worker, whether
paid or not, who renders services of any nature in the conduct of a massage
business establishment or similar use as herein. For purposes of this chapter,
it shall be a rebuttable presumption that every person who renders services
of any nature in the conduct of a massage or spa business is an employee of
such business.
The Borough of Coopersburg's Health Inspector who shall be responsible
for enforcement of this chapter.
Any location where any person, firm, association or corporation is
engaged in or carries on or permits to be engaged in or carried on any of
the activities or services mentioned in this chapter for the public, including
any activity which involves any combination of massage services, reflexology,
spa services and bathhouse, and which is not a medical or related health facility
subject to the jurisdiction, licensure and inspection of any state board or
commission.
Any method of pressure on or friction against or effurage, kneading,
rubbing, tapping, range of motion, pounding, vibrating or stimulating of the
head, body or parts of the head or body by another, with or without the aid
of any mechanical electrical apparatus or appliances and 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, including but not limited to the practice or reflexology.
Any person who is licensed by the Borough of Coopersburg to engage
in and offer to the public the practice of massage, massage therapy or massage
services as herein defined (including but not limited to subcontractors, subtenants
or temporary employees), and who shall have received a diploma or certificate
from a massage school, as defined herein, certifying completion of a massage
therapy program which consists of not less than 200 hours of supervised course
work or clinic program with the massage school, or, in the alternative, who
shall be certified by the American Massage Therapy Association Commission
on Massage Therapy Accreditation and Bodywork or by the National Certification
Board for Therapeutic Massage, and who shall comply with the continuing education
requirements of such Board or Commission and who shall have agreed to practice
under the Code of Ethics of such Board or Commission.
An educational facility which is licensed by the Pennsylvania Department
of Education or similar government sanctioned licensure board or which is
certified by the National Certification Board of Therapeutic Massage or other
recognized accrediting agency, to provide massage therapy and bodywork training.
The supervising, managing, inspecting, directing, organizing, controlling
or in any way being responsible for or in charge of the conduct of activities
of a massage, reflexology or spa business or other activities within a massage
or spa business.
Any person who receives massage, reflexology or spa services under
such circumstances that it is reasonably expected that he or she will pay
money or give any other consideration therefore.
The person to whom a massage, massage therapy, reflexology, bodywork
or spa health permit or license is issued.
Any individual, firm, association, partnership, co-party, corporation,
limited liability corporation, joint-stock company, joint venture or combination
of the above in whatever form or character.
Any person who is licensed by the Borough to engage in and offer
to the public the practice of reflexology as herein defined (including but
not limited to subcontractors, subtenants or temporary employees), and who
shall have received a diploma or certificate from a nationally recognized
reflexology school, certifying completion of not less than 200 hours of a
reflexology training program, and who is certified by the American Reflexology
Board or other national recognized certification board for reflexology and
who shall comply with the continuing education requirements of such and who
shall have agreed to practice under the Code of Ethics of such.
The practice of applying pressure using thumb, finger and hand techniques
to the feet and hands or other parts of the head or body; the practice of
reflexology is restricted to the feet and hands and shall not include the
use of oils, lotions or creams.
Any location where any person, firm, association, company or corporation
is engaged in or carries on or permits to be engaged in any activity mentioned
in this chapter, including without limitation any of the following: massage,
reflexology bathing, treatment of any type of the head, body, skin or other
parts of the body and which is not a medical or related health facility or
hair or cosmetology business subject to the jurisdiction, licensure and inspection
of any state board or commission.
Includes any of the following: Less than completely and opaquely
covered male or female genitals, pubic region, buttocks and female breast
below a point immediately above the top of the areola; human male genitals
in a discernibly turgid state, even if completely opaquely covered; any device,
costume or covering that simulates any of the body parts described above.
Includes any of the following whether performed directly or indirectly
through clothing or other coverings: Human genitals in a state of sexual stimulation
or arousal; sexual acts, actual or simulated, including sexual intercourse,
masturbation, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus,
sodomy, or other specified sexual activity prohibited by law; fondling or
other erotic touching of human genitals, pubic region, buttocks or female
breast; excretory functions as part of or in connection with any of the other
activities described in this subsection.
A person who is and remains enrolled in on at least a part-time basis
a massage or reflexology school (as defined herein) and who has completed
no less than 50 hours of a massage or reflexology curriculum and who, as part
of the curriculum at the massage or reflexology school, is providing massage,
massage therapy, reflexology, bodywork or spa services to the public and who
is and shall at all times be supervised by a massage practitioner.
A.Â
It shall be unlawful for any person to engage in, conduct,
or carry a permit or license to be engaged in, conducted or carried on, or
provided to the public in or upon any premises within the Borough the operation
of a business which offers massage, massage therapy, reflexology, bodywork
or spa services unless the person or entity first obtains and continues to
maintain in full force and effect a permit issued by the Health Inspector
as required by this chapter, and such persons are and is licensed by the Borough
of Coopersburg as a massage practitioner or reflexologist and maintains and
operates such business and provides such services in compliance with this
chapter. The following shall be excepted from the foregoing: health care professionals
and their associates, including massage therapists, who are subject to the
jurisdiction and licensure of a state board or commission such as a physician,
chiropractor, physical therapist, occupational therapist, nurse practitioner
and nurses operating in a medical facility.
B.Â
Any person who proposes to provide to the public massage,
massage therapy, reflexology, bodywork or spa services or to operate, maintain
or conduct a massage, massage therapy, reflexology, bodywork or spa services
in the Borough shall first submit to the Health Inspector a completed application
for a health permit on a form provided by the Borough, as may be amended from
time to time, containing all information required by this chapter and as may
reasonably be required by the Health Inspector, and shall submit payment of
the required nonrefundable application fee as established by resolution and
as may be amended by the Borough Council from time to time. An application
which is not complete or which is not properly executed or which is not accompanied
by the required application fee shall not be deemed a complete application
and shall be denied without further review.
C.Â
Permit application.
(1)Â
A massage, massage therapy, reflexology, bodywork or
spa facility existing and operating on the effective date of this chapter
shall apply for a health permit within 30 days therefrom and shall be allowed
to continue operating during the pendency of the application, as set forth
herein, provided such business is otherwise in compliance with applicable
provisions of this chapter.
(2)Â
Upon application to operate a massage, massage therapy,
reflexology, bodywork or spa facility which is existing on the effective date
of this chapter, a temporary permit not to exceed 30 days may be issued immediately
upon receipt of a completed application, and pending action on the application.
A temporary permit shall expire automatically upon action on the application
or upon the expiration of 30 days, whichever is sooner, unless the period
of temporary permit shall be extended by the Health Inspector. In no event
shall the total period of a temporary application exceed 90 days.
D.Â
Permit expiration, invalidity and renewal.
(1)Â
Each permit shall expire one year from the date of issuance
and may be renewed only by complying with the renewal application procedure
set forth herein.
(2)Â
Any permit issued shall become invalid and considered
expired if the approved business is suspended, abandoned or closed to the
public for a period of six months after the date of permit issuance, except
that for reasonable cause, the Health Inspector may grant extensions of time
of additional periods of operation pursuant to the previously issued permit,
the total of which extensions shall not exceed 90 days.
(3)Â
An expired permit issued under the provisions of this
chapter may be renewed only by filing with the Health Inspector a written
application for renewal, accompanied by the annual permit renewal fee, a copy
of the permit to be renewed, and a notarized statement by the applicant certifying
that no change has occurred in the ownership, use, possession and/or physical
structure of the premises since the date of the issuance of the last permit.
The application for renewal shall be filed with the Health Inspector not less
than 30 days before the expiration date of the permit, nor more than 60 days
before the expiration date. When an application is filed less than 30 days
before the expiration date, the expiration of the permit will not be stayed.
Each application for renewal shall be acted on as provided herein for action
upon applications for permits.
E.Â
Each application for a new permit and subsequent annual
permit renewal shall be accompanied by a nonrefundable fee in an amount as
shall be established from time to time by resolution of the Borough Council.
The application fee shall be used to defray, in part, administrative costs
incurred in the processing of the application and inspection costs, and is
not made in lieu of any other fees or taxes required.
F.Â
The application for a health permit to operate a massage,
massage therapy, reflexology, bodywork or spa facility shall contain the following
information:
(1)Â
Name of applicant.
(a)Â
If the applicant is an individual, the individual shall
state the applicant's complete name, including any aliases, address and
submit satisfactory written proof that the applicant is at least 18 years
of age.
(b)Â
If the applicant is other than an individual, the applicant
shall state the type of entity (e.g., partnership, corporation, limited liability
company, or otherwise).
(c)Â
If the applicant is a partnership, the applicant shall
state all of the partners' complete names, including any aliases, addresses,
ages, whether the partnership is general or limited, and attach a copy of
the partnership agreement, if any.
(d)Â
If the applicant is a corporation or limited liability
company, the applicant shall provide its name, the date of its incorporation
or registration, evidence that the applicant is in good standing under the
laws of Pennsylvania, the names, capacities and ages of all principals, members,
officers and directors, name of the registered corporate agent and the address
of the registered office for service of process.
(e)Â
If the applicant intends to operate the business under
a name other than that of the applicant, the applicant shall provide proof
of registration of the fictitious name with the Department of State.
(f)Â
As to each applicant, in addition to the full name of
each individual, partner, member, officer and director, the application shall
contain all aliases, current residential addresses, telephone numbers, dates
of birth, social security numbers, driver's license numbers and the previous
address for a period of three years immediately prior to the date of application
(and the dates of residence on each), written proof that each is at least
18 years of age; business, occupation or employment history for three years
immediately preceding the date of the application; two recent passport-style
color photographs and such other information as may be deemed necessary by
the Health Inspector to secure the foregoing information.
(2)Â
Signature of the applicant. If the applicant is an individual,
he or she shall execute the application. If the applicant is other than an
individual, an officer of the business entity or an individual with at least
10% or greater interest in the business entity shall execute the application.
(3)Â
Description. The application shall contain a narrative
description of the proposed or existing massage, massage therapy, reflexology,
bodywork or spa business for which the permit is requested, which shall include
hours of operation, number of employees and description of titles and/or positions;
a sketch or diagram showing the interior floor plan and configuration of the
premises, depicting all interior rooms, including rest rooms, office space,
storage areas and public areas, and dimensions. The sketch or diagram need
not be professionally prepared, but shall be drawn to a designated scale with
marked dimensions of the interior of the premises to an accuracy of plus or
minus six inches, a site plan showing the lot or property on which the business
is or will be located, the location of the building or portion thereof in
which the business is or will be located, the number of available parking
spaces, the location and type of available and proposed lighting, landscaping,
trash enclosures, and all means of ingress and egress to and from the property.
The site plan need not be professionally prepared, but shall be drawn to scale
with marked dimensions to an accuracy of plus or minus one foot; the full
name, address and telephone number of the property owner and/or property management
company if different from the applicant; a copy of the lease agreement in
effect at the time of the application; and a copy of any other agreements,
easements, conditions, covenants, restrictions or other such documents that
contain evidence affecting the use or operation of the lot, property premises
or structures which will be subject to the permit for which the application
has been submitted.
G.Â
Within 10 days of filing an application for a new massage,
massage therapy, reflexology, bodywork or spa business, the applicant shall
post the property in which the proposed massage or spa business will be located
with written notice of the application and the applicant shall provide by
certified mail, return receipt, written notice of the application, including
a copy to all property owners who own a property within 100 yards of the property
in which the proposed massage or spa business is to be located.
H.Â
Massage or reflexology practitioner's license.
(1)Â
No employee of a massage, massage therapy, reflexology,
bodywork or spa business may engage in providing massage, massage therapy,
reflexology, bodywork or spa services unless the practitioner has obtained
from the Health Inspector a massage or reflexology practitioner's license.
(2)Â
A massage or reflexology practitioner's license
shall only be issued to persons who are 18 years of age or older and who have
received a diploma or a certificate from a massage or reflexology school as
herein defined, certifying the following:
(a)Â
For a massage practitioner's license: completion
of a massage therapy program which consists of not less than 200 hours of
supervised course work in clinical program with the massage school, or, in
the alternative, who shall be certified by the American Massage Therapy Association
Commission or Massage Therapy Association and Bodywork or by the National
Certification Board for Therapeutic Massage, and other accredited association
and schooling facilities, and who shall comply with the continuing education
requirements of such board or commission and who shall agree to practice under
the Code of Ethics of such a Board or Commission;
(b)Â
For a reflexology practitioner's license: completion
of a reflexology program which consists of not less than 200 hours of reflexology
training with the reflexology program.
(3)Â
A practitioner who has been issued a license limited
to reflexology shall not be permitted to offer any additional services and
the license restricts the practice of reflexology.
(4)Â
Applications for massage or reflexology practitioner's
license shall be on a form approved by the Health Inspector and shall include
full name of the individual to be licensed, all aliases, current residential
addresses, telephone numbers, date of birth; social security number, driver's
license number and the previous address(es) for a period of three years immediately
prior to the date of application (and the dates of residence on each), written
proof that each is at least 18 years of age; business, occupation or employment
history for three years immediately preceding the date of the application;
two recent passport-style color photographs and such other information as
may be deemed necessary by the Health Inspector to secure the foregoing information.
No massage, massage therapy, reflexology, bodywork and spa facility
shall be issued a permit to be operated, established or maintained in the
Borough unless an inspection by the Building Inspector and Fire Inspector
reveals that the facility complies with each of the following minimum requirements,
in addition to all applicable building, fire and health codes.
A.Â
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 all applicable building, fire and health
codes.
B.Â
All massage tables, bathtubs, shower stalls or bath areas
and floors shall have surfaces which may be readily disinfected.
C.Â
Adequate bathing, dressing and locker facilities shall
be provided for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
D.Â
The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massage, reflexology and spa services. Such nondisposable instruments and
materials shall be disinfected after use on each patron.
E.Â
Closed cabinets shall be provided and used for the storage
of clean linen, 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.Â
Toilet facilities shall be provided in convenient locations.
When employees and patrons of different genders are on the premises at the
same time, separate toilet facilities shall be provided for each gender. A
single water closet per sex shall be provided for each 20 or more employees
or patrons of that gender 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 gender accommodated
therein.
G.Â
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.Â
The premises shall be equipped with a service sink for
custodial services.
I.Â
The premises shall meet all applicable building, health
and fire codes and all other applicable laws and regulations.
A.Â
Within 30 days of receipt of the completed application
for a new permit or a renewed permit or license, the Health Inspector shall
conduct and complete an investigation of the application to determine whether
the applicant shall be issued a health permit or practitioner's license
in accordance with the provisions of this chapter and the Health Inspector
shall notify the applicant of the action in writing by United States mail,
first class postage prepaid, addressed to the applicant to the address stated
in the application.
B.Â
The Health Inspector may grant the application and issue
or renew a health permit or practitioner's license only upon sufficient
evidence that the applicant and the proposed use comply with all requirements
of this chapter and written certification of:
C.Â
The Health Inspector shall deny the application for a
permit or license under this chapter if any one of the following is applicable:
(1)Â
The correct fee has not been tendered to the Borough,
and in the case of a check or bank draft, honored with payment upon presentation.
(3)Â
The facility, including the building or portion thereof
where the massage or spa facility is or is proposed to be situated, and the
physical facilities or maintenance related thereto, fail to comply with all
applicable building, fire, electrical, plumbing and health requirements of
this code, all applicable state and federal requirements of a similar nature,
and all applicable provisions of this chapter.
(4)Â
The applicant, or the applicant's employee, agent,
partner, director, officer, shareholder, member or manager has knowingly made
any false, misleading or fraudulent statement of material fact in the application
for the permit.
(5)Â
The applicant or any of the applicant's employees, agents, partners, directors, officers, shareholders, members or managers has had a massage, massage therapy, reflexology, bodywork or spa business, massage practitioners or other similar permit or license denied, revoked or suspended for any reason under Subsection C(4) above by the Borough or any other state or local agency within five years prior to the date of the application.
(6)Â
The applicant, if an individual, or any of the officers
and directors or members if the applicant is a corporation or limited liability
corporation, or any of the partners, including limited partners, if the applicant
is a partnership, or the manager or other person principally in charge of
the operation of the business, or any employee of the applicant is not over
the age of 18 years.
(7)Â
The applicant, if an individual, or any of the stockholders,
partners or members holding more than 10% of the stock of the corporation
or limited liability company, or any of the officers or directors or managing
directors, or the manager or other person principally in charge of the operation
of the business or any of the employees of the applicant has been convicted
of a felony, an offense involving sexual misconduct with children, prostitution,
soliciting for purpose of prostitution, pandering, keeping a place of prostitution,
any crime involving dishonesty, fraud or deceit or other offenses opposed
to decency and morality.
D.Â
Upon notification that the permit or license application
has been granted, or if the Health Inspector fails to either grant or deny
the application within 45 days of receipt of a completed application, a permit
shall be deemed to have been issued and the applicant may offer the permitted
and licensed services and/or operate the massage, massage therapy, reflexology,
bodywork or spa facility pursuant to the terms and conditions of the permit
or license, if any, and pursuant to the terms of the permit or license application.
The permittee shall post the permit, or if no permit is issued, then the permit
application, conspicuously in the premises of the massage or spa business.
A.Â
Appeal to the Board of Health. A decision concerning
the denial or issuance of a permit under this chapter of the Health Inspector
may be appealed to the Board of Health by filing with the Board of Health
within 10 days from the date of mailing of any decision of the Health Inspector
under this chapter a notice of appeal, setting forth particular ground or
grounds for the appeal, and upon payment of the filing fee as may be determined
from time to time by resolution.
B.Â
Hearing on appeal. The Board of Health shall hear the
appeal and shall set a time and place for a hearing on the appeal not less
than 10 days nor more than 30 days from the date the notice of appeal was
received by the Board of Health.
C.Â
No less than five days prior to the hearing written notice
to the applicant and all property owners who own property within 100 yards
of the property where the proposed massage or spa business is to be located
shall be provided by regular mail.
D.Â
Disposition of appeal. After the hearing on the appeal,
the Board of Health may refer the matter back to the Health Inspector for
a new investigation and decision, or may affirm the denial of the application,
or may approve the application. The decision of the Health Inspector shall
be final subject only to the rights of appeal to the Court of Common Pleas
of Lehigh County under Pennsylvania Local Agency Law. Notice of the Board's
decision shall be mailed to the applicant and any others who appeared at the
hearing within 10 days of the hearing date. Notice shall be deemed completed
when mailed by First Class mail to the address supplied by the applicant on
the application.
An applicant whose application for a license has been denied or revoked
may reapply for such license only after a period of not less than one year
has elapsed from the date of such denial or revocation was received by the
applicant, provided, however, that an earlier reapplication may be made if
accompanied by evidence that the ground or grounds for denial of the application
no longer exist.
A.Â
A permittee or massage or reflexology practitioner may
be subject to suspension or revocation of a permit or license issued pursuant
to this chapter, or be subject to other appropriate action, for any of the
following grounds arising from the acts or omissions of the permittee, employee,
agent, partner, director, stockholder or manager of massage or spa business:
(1)Â
Knowingly made any false, misleading or fraudulent statement
of material facts in the application for a permit or license, or in any report
or reports required to be filed with the Borough;
(2)Â
Violated or is not in compliance with any section of
the Codified Ordinances of the Borough of Coopersburg and/or the laws of the
Commonwealth of Pennsylvania or the United States of America;
(3)Â
Knowingly allowed or permitted, and has failed to make
a reasonable effort to prevent the occurrence of any of the following on the
premises of the massage or spa facility:
(a)Â
Any act of unlawful sexual intercourse, sodomy, oral
copulation or masturbation or any specified sexual activity;
(b)Â
The use of the establishment as a place where unlawful
solicitation of sexual intercourse, sodomy, oral copulation or masturbation
or specified sexual activity openly occur;
(c)Â
The occurrence of acts of lewdness, assignation or prostitution
or any act which involves any specified sexual activity or the showing or
touching of any specified anatomical area;
(d)Â
Any act constituting a violation of 18 Pa. C.S.A. § 5903,
relating to the distribution of obscene and other sexual materials and performances;
(e)Â
Any act constituting a violation of provisions relating
to obscene matter or distribution of harmful matter to minors;
(f)Â
Any conduct constituting a criminal offense of which
an essential element consists of the use of force or violence;
(g)Â
Any act constituting a felony involving the sale, use,
possession or possession for sale of any controlled substance;
(h)Â
Refusal to allow an inspection of the massage or spa
facility as authorized by this chapter;
(i)Â
Failure to abide by any action previously imposed by
the appropriate Borough officer;
(j)Â
Failure to maintain a valid certificate of use and occupancy.
B.Â
Upon determining that grounds for permit or license suspension
or revocation exist, the Health Inspector shall furnish written notice of
the action to the applicant and, in the case of a facility permit, all property
owners who own property within 100 yards of the property where the massage
or spa business is located. Such notice shall set forth the time and place
of a hearing which shall be before the Borough Council, and the ground or
grounds upon which the proposed action is based, the pertinent code sections,
and a brief statement of the factual matters in support thereof. The notice
shall be mailed, postage prepaid, addressed to the last known address and/or
shall be delivered personally, not less than 10 days prior to the hearing
date.
C.Â
In the event that a permit or license is canceled, suspended,
revoked or invalidated, the permit or license shall be forwarded to the Health
Inspector not later than the end of the third business day after notification
of such cancellation, suspension, revocation or invalidation.
A.Â
Every massage or reflexology practitioner(s) and massage
and spa health permittee shall keep a record book legibly written in the English
language in which shall be recorded, where applicable:
B.Â
Such records shall be open to inspection by the Health
Inspector from time to time during regular business hours when enforcing health
code regulations and provisions of this chapter.
C.Â
Records shall be kept on the premises of the massage,
massage therapy, reflexology, bodywork or spa business at all times for a
period of not less than two years from the original date of the record.
D.Â
Failure to have all records required on the premises
at any time shall be a violation of this chapter and subject the permittee
to fines, permit revocation and any other applicable sanctions.
A.Â
The applicant shall authorize and allow entry by public
officials of the Borough, including but not limited to officers of Police
and Fire Departments, Code Enforcement Department, Zoning and Health Departments,
into the premises wherein the applicant operates or proposes to operate a
massage or spa business for the purpose of conducting one or more inspections
to determine compliance with the law.
B.Â
Any and all investigating officials of the Borough shall
have the right to enter any massage or spa business from time to time during
regular business hours to make reasonable inspection to observe and enforce
compliance with building codes, zoning codes or health codes and regulations
and provisions of this chapter.
C.Â
Any person who operates a massage or spa facility or
an employee, agent, partner, director, officer, shareholder, member or manager
of such business is in violation of the provisions of this chapter if any
person refuses to permit a lawful inspection of the premises at any time it
is occupied or open for business.
A.Â
It shall be unlawful to offer to the public or to operate
a massage, massage therapy, reflexology, bodywork or spa business under any
name or conduct business under any designation not specified in the permit
or license. No permittee shall transfer a permit or license to any other person
or entity or operate a massage or spa business under the authority of a permit
at any place other than the address designated in the application. No permit
or license issued pursuant to the provisions of this chapter shall be assigned
or transferred in any manner, nor shall any person other than those mentioned
in such permit engage in the enterprise for which the permit is issued.
B.Â
As used herein, "transfer" shall include, but not be
limited to, any modification of the business entity operating an enterprise,
or otherwise required to be disclosed pursuant to this chapter, including
transfer of more than 10% of the stock of any corporation.
The provisions of this chapter regulating massage and spa businesses
are not intended to be exclusive, and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation of businesses
as adopted by the Borough.
This chapter shall not be construed to limit the authority of the Borough
of Coopersburg to pursue any and all other remedies and relief that may be
available to it in law or in equity under the laws applicable in any case.
In addition to any other applicable criminal or civil penalty, sanction
or remedial procedure, any person or entity who violates any provision of
this chapter, upon conviction thereof, shall be guilty of a summary offense
and shall be subject to a fine of not less than $300 nor more than $1,000
or a period of imprisonment not to exceed 90 days, or both. Each day's
continuance of a violation shall be considered a separate offense.
