[HISTORY: Adopted by the Borough Council of the Borough of Homestead 1-9-1986 by Ord. No. 970. Amendments noted where applicable.]
Adult entertainment — See Ch. 89.
As used in this chapter, the following definitions shall apply:
- BODY MASSAGE
- Any application to the human body by the hands or mechanical apparatus; or any touching, stroking, friction, kneading, vibration, percussion; or any application of substances of any kind to the human body, including but not limited to oil alcohol rubs, mechanotherapy, hot or cold packs, heat, cold, salt glows; or the placement of the body in a cabinet, shower, sitz, Jacuzzi, sauna, vapor, steam or any other type of bath.
- HEALTH CLUB
- Any establishment which offers service in the form of body massage, baths, exercises or similar or related services, whether or not in combination, to club members or the general public for a charge, fee or donation; but shall exclude hospitals, nursing homes, medical clinics and the offices of licensed health profession practitioners.
- MASSAGE TECHNICIAN
- Any person, whether or not identified as a masseur or masseuse who administers in whole or in part, or who is involved in administering in whole or in part, a body massage to any person for a charge, fee or donation, or as an employee, agent or independent contractor of any health club or any person offering a body massage; but the foregoing shall exclude licensed health profession practitioners. The foregoing shall also exclude barbers, beauticians and manicurists insofar they confine their services to those generally performed in the course of these trades to the head, hands and feet.
- Any firm, partnership, sole proprietorship, corporation, organization or any other entity or any individual, or any massage technician or any employee, agent or independent contractor of any of the foregoing.
No health club or massage technician shall operate or practice within the Borough of Homestead without a license to do so, to be obtained upon proper application to the Borough Secretary and the fulfillment of the requirements set forth in this chapter, and payment in full with said application of a fee of $500 per annum for each health club and $200 per annum for each massage technician. For the purposes of this chapter, a health club license shall be required for each place of business in the Borough of Homestead operated by a health club. Licenses granted under this chapter shall be renewed annually upon proper application to the Borough Secretary, fulfillment of the requirements of this chapter and payment in full with said application of the fees prescribed in this section. Any license granted under this chapter shall be revoked for any failure to comply with the same.
No health club shall be granted a license to operate within the Borough of Homestead, until it has fulfilled, and at all times observes, the following:
The health club must at all times be in compliance with all applicable zoning, building, fire electrical, plumbing and health codes.
The application for license shall include the names of all owners, stockholders, bondholders, directors, officers, partners, managing personnel and employees, their addresses, social security numbers, dates of birth, occupations and satisfactory proof for each of the foregoing that they have not been convicted of any felony or any crime relating to laws pertaining to prostitution, obscenity, indecency, pornography, promoting prostitution, keeping a disorderly house or any other crime involving a moral turpitude.
The plans and specifications of any and all premises proposed to be occupied shall be submitted to the Homestead Borough Building Inspector, which shall include details of all entrances, partitions, windows, openings, ventilations, plumbing fixtures, water supply and waste and vent connections. All such premises must be equipped with separate toilet and lavatory facilities for patrons of each sex and separate toilet and lavatory facilities for personnel of each sex. A service sink for custodial purposes only must also be provided. No part of said premises shall be used for or connected with any bedroom or sleeping facilities or quarters.
Any and all tables, tubs, cabinets, saunas, sitz, Jacuzzis, showers, vapor or steam rooms and all floors and other exposed surfaces within the premises of the health club shall be of nonporous materials which are readily disinfectible.
Separate containers must be provided for wet or used towels and waste material.
The premises of the health club shall at all times be maintained in a clean and sanitary condition and shall be treated throughout with disinfectants on a daily basis.
The owner(s) and operator(s) of the health club must grant access to health, plumbing, fire, electrical and other authorized Borough inspectors to any and all parts of the premises of the health club for the purposes of inspecting and assuring compliance with this chapter at all reasonable times. Such inspections shall be a precondition to the issuance of any license pursuant to this chapter and any renewal thereof.
The health club shall require and maintain on file for inspection, certificates of good health issued by a licensed physician of good standing and reputation for all massage technicians and all other persons practicing any of the services of the health club. Such certificates shall be renewed every six months.
No health club shall serve any person infected with any fungus, skin infection, skin rash, skin irritation, venereal disease, Acquired Immune Deficiency Syndrome (AIDS), open cuts, sores, blisters or open wounds. Further, no massage technician or other person as defined in this chapter shall be permitted upon the premises of any health club, nor shall any massage technician or other person perform a body massage anywhere in the Borough of Homestead, or provide any services for or on behalf of any health club anywhere within the Borough, if said massage technician or other person has any of the afflictions recited in this subsection.
All massage technicians and any other persons providing any services for or on behalf of any health club shall wash his or her hands in hot, running water, using proper soap or disinfectants, before providing any services.
All towels, tissues, sheets or other laundrable or disposable materials shall be used singularly for each health club patron and discarded for laundry or disposal immediately after use. All other materials shall be disinfected immediately after use upon each patron.
The applicant must have a valid lease or title to the premises which satisfies the requirements of this chapter, and the applicant must at all times be in compliance with all applicable Homestead Borough Ordinances; and must at all times have paid in full, and remain current in the payment of all taxes, fees, fines and charges or assessments imposed by reason of said ordinances or for the benefit of the Borough of Homestead. The applicant must also be in compliance at all times with all laws of the Commonwealth of Pennsylvania and the United States and all regulations promulgated thereby.
No body massage or other services shall be provided to the genitals of any person, nor shall any body massage or other services be provided by a person to a person of the opposite sex.
No person shall be granted a license to practice as a massage technician without satisfactory proof of the following:
The applicant is at least 18 years of age.
The applicant has never been convicted of any felony or any crime relating to laws pertaining to prostitution, obscenity, indecency, pornography, promoting prostitution, keeping a disorderly house or any other crime involving a moral turpitude.
The applicant has a diploma from a recognized school of massage having a curriculum approved by the Pennsylvania Department of Education certifying he or she has completed 400 hours of study in the basic subjects of anatomy, physiology, hygiene, hydrotherapy, techniques of massage, clinical internship, contraindications of massage, physical and mechanical exercise.
In lieu of Subsection C the applicant may furnish equivalent credentials by way of satisfactory proof of experience and training of at least one year in duration as a massage technician at a health club or health clubs licensed throughout the term of said duration pursuant to this chapter or pursuant to a similar municipal ordinance in any municipality in the Commonwealth of Pennsylvania.
The license shall contain a photograph of the massage technician and shall be carried on the person of the massage technician or conspicuously displayed in the Health Club wherein the massage technician practices.
The application for a license shall contain the name, address, social security number, photograph and fingerprints of the applicant and shall be kept on file in the Borough Secretary's office.
The Borough Secretary shall revoke the license of any health club or any massage technician upon satisfactory proof of any of the following:
The licensee has diagnosed or treated classified diseases, practiced spinal adjustments, prescribed medicines or performed any services or treatments which are traditionally within the services or treatments licensed to be performed by health profession practitioners.
The licensee has tortiously rendered services.
The licensee is a user, supplier or procurer of narcotics or other illegal drugs.
The licensee has permitted an unlicensed person to perform a body massage.
The licensee has violated any of the provisions of this chapter. For the purposes of this chapter, any violation of this chapter by a massage technician or other person in any manner connected with a health club shall be deemed to also be a violation by said health club.
The owner or operator of any health club may, as of the effective date of this chapter, apply for a grace period not to extend six months in order to comply with § 151-3C and D of this chapter. Such a grace period shall be granted by the Borough Secretary upon satisfactory proof of hardship with compliance with the provisions of said subsections immediately upon the effective date hereof.
This chapter shall be administered by the Borough Secretary and such other persons as may from time to time be designated by the Homestead Borough Council to assist the Secretary. An appeal from either the denial of a license or the revocation of a license shall be in writing and be filed with the Borough Secretary's office within 15 days of the date of said denial or revocation and shall be heard and determined by the Homestead Borough Council not later than 45 days after the receipt of said appeal by the Borough Secretary's office. The denial or revocation of a license and any determination by the Borough Council shall be in writing and shall state the reasons therefor. For the purposes of this chapter, the term "satisfactory proof" shall mean such proof as is satisfactory to the Borough Secretary within the proper exercise of discretion by the Secretary. At all times the burden of production, persuasion and proof shall be on those contesting the actions of the Borough Secretary, the Borough Council and the Borough.
Any person who violates this chapter shall be guilty of a summary offense and upon conviction thereof shall be sentenced to pay a fine not exceeding $300 or undergo 30 days' imprisonment in default of the payment thereof. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of a violation also shall be punished as provided herein for each such offense. Additionally, a health club which is found to operate without a current valid license, or is found to employ unlicensed persons to perform body massages, shall suffer the immediate, automatic and permanent revocation of any occupancy permit issued to it and it shall not be permitted to operate within the Borough of Homestead.