[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson 5-10-1982 by Ord. No. 8-1982 (Ch. 13, Part 3, of
the 1989 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The application to the human body by the hands or mechanical
apparatus, any touching, stroking, friction, kneading, vibration,
percussion, oil/alcohol rubs, mechanotherapy, hot or cold packs, heat,
cold, salt glows, cabinet tub, shower, sitz, sauna, vapor, steam,
or any other special type of bath.
Any establishment which offers service in the form of body
massage, baths, exercises or similar services in combination to club
members or to the public for a charge, fee or donation, but shall
exclude hospitals, nursing homes, medical clinics and the office or
quarters of licensed health profession practitioners.
Any masseur (male) and masseuse (female) who administers
body massage to any other person for a charge, fee or donation or
as an employee of any person offering such body massage, but shall
exclude persons licensed by the Commonwealth of Pennsylvania to practice
medicine, chiropractic, osteopathy, podiatry, nursing and physical
therapy, and barbers, beauticians and manicurists insofar as they
deal with the head, hands and feet.
A firm, partnership, association of persons, corporation,
organization or any other group acting as a unit.
[Amended 8-14-1989 by Ord. No. 16-1989]
No health club or massage technician may operate or practice
within the Township of Robinson without a license to operate or practice,
upon proper applications to the Township Secretary and the fulfillment
of the requirements set forth herein and payment of a fee per annum,
as established from time to time by resolution, for a health club
and an amount per annum, as established from time to time by resolution,
for a massage technician. Licenses granted under this chapter shall
be renewed yearly and may be revoked for any failure to comply with
this chapter.
No health club shall be granted a license to operate until the
fulfillment of the following and continued observance of the same:
A.
All zoning, building, fire, electrical, plumbing and health codes
applicable to the Township of Robinson shall be complied with;
B.
An application for a license shall include the names of all owners,
stockholders, directors, officers, partners and managing personnel,
their addresses, occupations and satisfactory proof that they have
not been convicted of any violation of laws proscribing prostitution,
obscenity, indecency or pornography;
C.
Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Zoning Board, which shall include details
of entrances, partitions, windows, openings, ventilation, plumbing
fixtures, water supply, waste and vent connections. Such quarters
must be equipped with separate toilet and lavatory facilities for
patrons and personnel and service sink for custodial services. No
part of the quarters may be used for or connected with any bedroom
or sleeping quarters.
D.
All tables, tubs, shower stalls and floors, with the exceptions of
reception and administrative areas, shall be of nonporous materials
which may be readily disinfected.
E.
Closed containers must be provided for wet towels and waste material.
F.
All equipment, shower stalls, toilets, lavatories, tubs, cabinets
and other accouterments of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
G.
As a condition of receiving a license, the owners and operators of
the health club must expressly grant access to health, plumbing, fire,
electrical and other authorized Township inspectors to any part of
the quarters of the health club for purposes of inspection at all
reasonable times.
H.
The health club must require and retain on file certificates of good
health issued by a licensed physician for all employees practicing
any services of the health club. Such certificates shall be renewed
every six months.
I.
No health club shall serve any patrons infected with any fungus or
skin infection.
J.
All personnel shall wash their hands in hot, running water, using
proper soap or disinfectants, before giving any service or treatment
to each separate patron.
K.
All towels and tissues, all sheets or other coverings shall be used
singularly for each patron and discarded for laundry or disposal immediately
after use.
L.
Nondisposable tools or equipment shall be disinfected after use upon
each patron.
M.
The applicant must have a valid lease or title to the quarters which
meet the requirements of this chapter.
N.
No body massage shall be provided to the genitals of the patron nor
by a masseur or masseuse to a patron of the opposite sex.
No person shall be granted a license to practice as a massage
technician without satisfactory proof of the following:
A.
The applicant is at least 18 years of age;
B.
The applicant has never been convicted of prostitution, obscenity,
indecency or related crimes;
C.
The applicant has a diploma from a recognized school of massage having
a curriculum approved by the Pennsylvania Department of Education,
certifying that he or she has completed 400 hours of study in the
basic subject of anatomy, physiology, hygiene, hydrotherapy, technique
of massage, clinical internship, contraindications of massage, physical
and mechanical exercise;
D.
In lieu of Subsection C, the applicant may furnish equivalent credentials by way of experience and training of at least one year's duration as a massage technician;
E.
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 is employed;
and
F.
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 Township Secretary's office.
The Township Secretary may revoke the license of a health club
or massage technician upon satisfactory proof of any of the following:
A.
The licensee does not meet the licensing requirements of this chapter;
B.
The licensee has been convicted of prostitution, obscenity, indecency,
promoting prostitution, keeping or maintaining a disorderly house,
or related crimes and offenses;
C.
The licensee has diagnosed or treated classified diseases, practiced
spinal adjustments or prescribed medicines;
D.
The licensee is guilty of fraud or willful negligence in the practice
of body massage;
E.
The licensee is a habitual user of narcotics or other drugs;
F.
The licensee has allowed or permitted an unlicensed person to perform
body massage;
G.
The licensee has provided body massage to the genitals of any patron;
or
H.
The licensee has violated any of the provisions of this chapter or
other applicable ordinances of the Township of Robinson, or any laws
of the Commonwealth of Pennsylvania or any laws of the United States
of America. Any violation by an employee of a health club or by a
massage technician shall be considered a violation by the health club.
The owner or manager of any health club operating in the Township as of the effective date of this chapter may apply for and may be granted by the Township Secretary a grace period not to exceed six months in order to comply with § 152-3C and D. With these exceptions, this chapter becomes effective upon all health clubs and proposed health clubs upon enactment.
This chapter shall be administered by the Township Secretary.
An appeal from the denial of a license or the revocation of a license
shall be filed with the Township Secretary within 15 days of such
action and shall be heard and determined by the Township Zoning Hearing
Board within 45 days of the filing of the appeal. The applicant or
licensee shall be informed in writing of the denial or revocation
of the license and of the reasons therefor.
[Amended 8-14-1989 by Ord. No. 16-1989]
Any person who violates this chapter shall be guilty of an offense
and, upon conviction thereof, shall be sentenced to pay a fine not
exceeding $600 or undergo 30 days' imprisonment in default of
payment thereof. In addition, any health club which is found to operate
without a current license or which employs unlicensed massage technicians
shall suffer the immediate revocation of its occupancy permit and
shall not be permitted to operate.
