[Ord. 1179, 3/2/2011]
For the purpose of this Part 10, the following definitions shall
apply:
Any person over 18 years of age, other than a massagist,
who renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
The manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, by hand, mechanical device, or other means,
or the stimulation of the external parts of the human body with the
hands or other instrument.
An establishment which provides the services of massage for
compensation, unless operated by a medical practitioner, chiropractor
or professional physical therapist licensed by the commonwealth.
Any person who, for any consideration whatsoever, engages
in the practice of massage, as defined in the definition of "massage."
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
or character.
Engaging in sexual activity as a business, including:
Any school, academy or educational institution which has
for its purpose the teaching of the theory, method, profession or
work of massage.
Genitals, pubic area, buttocks, anus, or perineum of any
person, or the vulva or breasts of a female.
[Ord. 1179, 3/2/2011]
1.
Business License Required. No person shall operate a massage establishment
unless he has a valid massage business license issued by the Borough
pursuant to the provisions of this Part 10 for each and every separate
office or place of business conducted by such person. Existing massage
establishments shall submit applications for licenses within 60 days
of enactment of this Part 10.
2.
Massage Permit Required. No person shall practice massage as a massagist,
employee or otherwise for compensation within the Borough unless he
or she has a valid massagist's permit issued by the Borough pursuant
to this Part 10.
[Ord. 1179, 3/2/2011]
1.
This Part 10 shall not apply to the following individuals while engaged
in the personal performance of the duties of their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly licensed to practice their respective professions in
the Commonwealth of Pennsylvania.
B.
Nurses who are registered under the laws of this state.
C.
Barbers and beauticians who are duly licensed under the laws of this
state, except that this exemption shall apply solely to the massaging
of the neck, face, scalp and hair of the customer or client for cosmetic
or beautifying purposes.
2.
In any prosecution for violation of this Part 10, the foregoing exemptions
shall constitute affirmative defenses, and it shall be incumbent upon
the defendant to show that she/he or the place involved is not subject
to the provisions of this Part 10. Nothing herein contained shall
be deemed to shift the burden of proof of the violation to the defendant.
[Ord. 1179 3/2/2011]
1.
Every applicant for a license to maintain, operate, or conduct a
massage establishment shall file an application under oath with the
Borough, upon a form provided by the Borough, and pay a nonrefundable
annual license fee, which shall be $100 per year or any part thereof.
The application shall contain the following information:
A.
A definition of the service to be provided.
B.
The location, mailing address and all telephone numbers where the
business is to be conducted.
C.
The name and residence address of each applicant. (Hereinafter all
provisions which refer to applicant include an applicant which may
be a corporation or partnership.)
(1)
If the applicant is a corporation, the name and residence addresses
of each of the officers and directors of said corporation and of each
stockholder owning more than 10% of the stock of the corporation,
and the address of the corporation itself, if different from the address
of the massage establishment.
(2)
If the applicant is a partnership, the names and residence addresses
of each of the partners, including limited partners, and the address
of the partnership itself, if different from the address of the massage
establishment.
D.
The two previous addresses immediately prior to the present address
of the applicant.
E.
Proof that the individual applicant is at least 18 years of age.
F.
The individual or partnership applicant's height, weight, color
of eyes and hair, and sex.
G.
A copy of identification such as a driver's license and social
security card.
H.
The business, occupation, or employment of the applicant for the
three years immediately preceding the date of application.
I.
The massage or similar business license history of the applicant;
whether such person, in previously operating in this Borough or another
township or state, has had a business license revoked or suspended,
the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
J.
All criminal convictions for sexual offenses including violations
of Sections 3121-27 and 5901-03 of the Pennsylvania Crimes Code, including
the dates of convictions, nature of the crimes and place convicted.
K.
The name, date of birth and address of each massagist who is or will
be employed in said establishment.
L.
The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in Subsection C wherein the business or profession of massage is carried on.
M.
A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant.
N.
Authorization for the Borough, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit.
2.
The application shall not be accepted until all of the foregoing
information is supplied to the Borough. The holder of any massage
establishment license shall notify the Borough of any change in data
required to be furnished by this section within 10 days after such
change occurs, including the name, date of birth and address of new
employees.
[Ord. 1179, 3/2/2011]
The application for a massagist business permit shall be made
to the Borough in the same manner as provided above for massage establishment
licenses, accompanied by the nonrefundable massagist permit fee of
$75. The application shall contain but not be limited to the following:
A.
The business address and all telephone numbers where the massagist
will practice.
B.
The name and residence address, and all names, nicknames and aliases
by which the applicant has been known, including the two previous
addresses immediately prior to the present address of the applicant.
C.
The applicant's social security number, driver's license,
if any, and date of birth.
D.
The applicant's weight, height, color of hair and eyes, and
sex.
E.
Written evidence that the applicant is at least 18 years of age.
F.
A complete statement of all convictions of the applicant for any
sexual offenses, including violations of Sections 3121-27 and 5901-03
of the Pennsylvania Crimes Code, including the dates of convictions,
nature of the crimes and place convicted.
G.
The name and address of the recognized school attended, the dates
attended and a copy of any diploma, certification or letter of recognition
of attendance.
H.
The massage or similar business history and experience (10 years)
prior to the date of application, including but not limited to whether
or not such person, in previously operating in this or another borough
or state under license or permit, has had such license or permit denied,
revoked, or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation.
I.
A medical certificate signed by a physician, licensed to practice
in the Commonwealth of Pennsylvania, within seven days of the date
of the application. The certificate shall state that the applicant
was examined by the certified physician and that the applicant is
free of communicable disease.
J.
Authorization for the Borough, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit.
K.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Borough.
[Ord. 1179, 3/2/2011]
The Borough shall issue a license for a massage establishment
after approval by the Borough Manager, Borough Zoning Officer or other
authorized Borough official if all requirements for a massage establishment
or massagist permit described in this Part 10 are met, unless it finds:
A.
The correct permit or license fee has not been tendered to the Borough
and, in the case of a check or bank draft, honored with payment upon
presentation.
B.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including but not limited to
the Borough's building, plumbing, zoning, and health regulations.
C.
The applicant, if an individual; or any of the stockholders holding
more than 10% of the stock of the corporation, or any of the officers
and directors, if the applicant is a 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 have been convicted of an offense involving sexual
misconduct or convicted of any offense outside the Commonwealth of
Pennsylvania that would have constituted an offense of sexual misconduct
if committed within the Commonwealth of Pennsylvania. The Borough
may issue a license or permit to any person convicted of an offense
involving sexual misconduct if it finds that such conviction occurred
at least five years prior to the date of the application and the applicant
has had no subsequent conviction of any such nature.
D.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Borough in conjunction therewith.
E.
The applicant has had a massage business, masseur, or other similar
permit or license lawfully denied, revoked, or suspended by the Borough
or any other state or local agency within five years prior to the
date of the application.
F.
The applicant, if an individual; or any of the officers and directors,
if the applicant is a 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
is not over the age of 18 years.
[Ord. 1179, 3/2/2011]
The Borough shall act to approve or deny an application for
a license and/or permit under this Part 10 within a reasonable period
of time and in no event shall the Borough act to approve or deny said
license or permit later than 90 days from the date that said application
was accepted by the Borough. Every license or permit issued pursuant
to this Part 10 will terminate at the expiration of one year from
the date of its issuance, unless sooner suspended or revoked.
[Ord. 1179, 3/2/2011]
Should any massage business have more than one location where
the business of massage is pursued, then a permit, stating both the
address of the principal place of business, and of the other location(s)
shall be issued by the Borough upon the tender of a license fee of
$100 per location. Licenses issued for other locations shall terminate
on the same date as that of the principal place of business, regardless
of the date of issuance.
[Ord. 1179, 3/2/2011]
Every person, corporation, partnership, or association licensed
under this Part 10 shall display such license in a prominent place.
[Ord. 1179, 3/2/2011]
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at
any time as massagists, masseurs or masseuses. Such register shall
be available at the massage establishment to representatives of the
Borough during regular business hours.
[Ord. 1179, 3/2/2011]
Any license or permit issued for a massage establishment or
for a massagist may be revoked or suspended by the Borough after notice
and a hearing, for good cause, or in any case where any of the provisions
of this Part 10 are violated or where any employee of the licensee,
including a masseur or masseuse, is engaged in any conduct which violates
any of the state or local laws or ordinances at the licensee's
place of business and the licensee has actual or constructive knowledge
by due diligence.
A.
Prior to revoking or suspending a license or permit, the Borough
shall send notice of its intent to do so to the licensee's or
permit holder's last known address.
B.
The licensee or permit holder shall have the right to a hearing before
an independent hearing examiner, who shall be appointed by a resolution
of the Borough Council. The licensee or permit holder shall have the
right to be represented by legal counsel at said hearing.
C.
The licensee or permit holder shall have the right to present witnesses
and evidence at the hearing and to cross-examine any witnesses presented
against him or her.
D.
After denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction.
[Ord. 1179, 3/2/2011]
All employees, including masseurs and masseuses, shall be clean
and wear clean, nontransparent outer garments covering the sexual
and genital areas.
[Ord. 1179, 3/2/2011]
No person subject to the provisions of this Part 10 shall permit
any person under the age of 18 to come or remain on the premises of
any massage business establishment unless such person is on the premises
on lawful business.
[Ord. 1179, 3/2/2011]
No massage business shall be kept open for any purpose between
the hours of 10:00 p.m. and 8:00 a.m.
[Ord. 1179, 3/2/2011]
The Borough or its authorized representatives shall from time
to time make inspection of each massage business establishment for
the purposes of determining that the provisions of this Part 10 are
fully complied with. It shall be unlawful for any permittee to fail
to allow such inspection officer access to the premises or hinder
such officer in any manner.
[Ord. 1179, 3/2/2011]
1.
It shall be unlawful for any person in a massage establishment to
engage in prostitution.
2.
It shall be unlawful for any person in a massage establishment to
place his or her hand or hands upon, to touch with any part of his
or her body, to fondle in any manner, or to massage, a sexual or genital
part of any other person. Sexual or genital parts shall include the
genitals, pubic area, buttocks, anus, or perineum of any person, or
the vulva or breasts of a female.
3.
It shall be unlawful for any person in a massage establishment to
expose his or her sexual or genital parts, or any portion thereof,
to any other person. It shall also be unlawful for any person in a
massage establishment to expose the sexual or genital parts, or any
portions thereof, of any other person.
4.
It shall be unlawful for any person, while in the presence of any
other person in a massage establishment, to fail to conceal with a
fully opaque covering the sexual or genital parts of his or her body.
5.
It shall be unlawful for any person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent employee, or any other person under his control or supervision to perform such acts prohibited in Subsection 1, 2, 3 or 4 of this section.
[Ord. 1179, 3/2/2011]
Upon sale, transfer or relocation of a massage establishment,
the license therefor shall be null and void unless approved as provided
in § 1006 provided, however, that upon the death or incapacity
of the licensee or any colicensee of the massage establishment, any
heir or devisee of a deceased licensee may continue the business of
the massage establishment for a reasonable period of time, not to
exceed 60 days, to allow for an orderly transfer of the license.
[Ord. 1179, 3/2/2011]
No person granted a license pursuant to this Part 10 shall operate
the massage establishment under a name not specified in his license,
nor shall be conduct business under any designation or location not
specified in his license.
[Ord. 1179, 3/2/2011]
It shall be unlawful for any person to advertise the offering
of massage services unless the advertised establishment is duly licensed
under the provisions of this Part 10.
[Ord. 1179, 3/2/2011]
It shall be unlawful for any person to knowingly allow the use
of any place, business, establishment, or premises owned, operated,
leased or managed by him to be used in violation of any of the provisions
of this Part 10.
[Ord. 1179, 3/2/2011]
No license or permit shall be transferable except with the consent
of the Borough. An application for such transfer shall be in writing
and shall be accompanied by fees prescribed in §§ 1004
and 1005. The written application for such transfer shall contain
the same information as requested herein for initial application for
the license or permit.
[Ord. 1179, 3/2/2011]
1.
Any person violating any provision of this Part 10 or section of this Part 10 shall, upon conviction in summary proceedings before any District Justice, be fined no more than $300. Each day that a violation occurs or is continued shall constitute a separate offense. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the fine or penalty imposed and the costs, the defendant may be sentenced and undergo imprisonment for a period not exceeding 30 days.
2.
The imposition of the fines and penalties herein prescribed shall
not preclude the Borough from instituting appropriate action by injunction
or otherwise to prevent any violation of this Part 10.
