[HISTORY: Adopted by the Borough Council of the Borough of Prospect
Park 10-14-1975 by Ord. No. 934, approved 10-14-1975;
amended in its entirety 11-15-2005 by Ord. No.
1267, approved 11-15-2005. Subsequent amendments
noted where applicable.]
The people and citizens of the Borough of Prospect Park, acting by and
through their duly elected governing body, this Borough Council, 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.
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, or 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 the 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 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.
Includes the genital organs, pubic area, anus or perineum of any
person, the penis or scrotum of any male person; the vulva, vaginal cavity
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 Borough of Prospect Park without first having
obtained a massage technician license from the Borough Secretary.
A.
Each person seeking a massage technician license shall
submit to the Borough Secretary a written application containing the following:
(1)
The name and residence address of the applicant.
(2)
The applicant's social security number and the motor
vehicle operator's license number, if any.
(3)
The 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 each of the applicant's place and
type of employment for three years immediately preceding the date of application,
indicating precise dates and addresses.
(6)
A statement of each of the applicant's place of
residence for three years immediately preceding the date of the application,
indicating the precise dates and addresses.
(7)
The applicant's statement of conviction of any crime
or forfeiture of bond or bail involving any criminal charge or violation of
an 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 photograph taken by the Prospect Park Borough Police
Department.
(9)
Fingerprints taken by the Prospect Park Borough Police
Department.
(10)
A licensed physician's certificate obtained within
not more than 30 days immediately preceding the date of the application from
a physician acceptable to the Borough Secretary certifying that the applicant
is free from any contagious or communicable diseases and that the physician
based his or her conclusions, in part, upon a recognized blood test for syphilis,
a culture for gonorrhea, a specific test or tests for tuberculosis and a specific
test for HIV.
(11)
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 Borough of Prospect Park
at the time of submitting the application a nonrefundable filing fee of $50
for an original application and a nonrefundable filing fee of $25 for each
renewal application.
C.
A license issued hereunder shall have a life or term
of 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 Borough Secretary may issue said license to the applicant
unless said Borough Secretary determines that the applicant is under the age
of 18 years or 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 is not free from a contagious or communicable disease.
A.
A massage technician license may be suspended or revoked
by the Borough Secretary upon the occurrence of any of the following events:
(1)
The application for such license contained a false statement
or statements.
(2)
The massage technician has violated the provisions 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 Borough Secretary 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.
C.
The massage technician shall have the right to a hearing
on said suspension or revocation, which hearing shall be held before the Borough
Council 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.
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 the
massage technician, shall be clean and wear clean, nontransparent outer garments.
D.
The massage establishment shall be stocked with clean,
laundered sheets and towels in sufficient quantity and which shall be laundered
after each use thereof and stored in a sanitary manner.
E.
Oils, creams, lotions and other preparations used in
administering massages shall be kept in clean, closed containers or cabinets.
F.
Eating in the massage work areas shall not be permitted.
G.
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.
H.
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 fewer than
five years.
I.
The premises shall comply with all building and safety
codes of the Commonwealth of Pennsylvania and the Borough of Prospect Park.
It shall be unlawful:
A.
For a massage technician or any other person knowingly
to place his or her hand or hands upon or 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 a patron,
guest or otherwise.
E.
To employ a person to practice a massage without such
person being duly licensed as a massage technician.
The license of a massage establishment shall be displayed and each massage
technician shall display his or her 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 Borough Secretary or his or her 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.
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 nontransferable. 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 the massage technician license.
A.
Any person who violates any provision of the chapter
shall be guilty of and liable for a summary offense and, upon conviction,
shall be sentenced to pay a fine not exceeding $600 and the costs of the action.
In default of payment of such fine and costs, such person may be sentenced
and committed to prison for a period not exceeding 30 days.
B.
Any person who is convicted of violating any part 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.
All ordinances or parts of ordinances conflicting with the provisions
of this chapter are hereby repealed to the extent of such conflict.
