[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 9-21-2015 by Ord. No. 1007. Amendments noted where applicable.]
A. 
The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them:
BOROUGH
The Borough of Morrisville, Bucks County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Borough of Morrisville or said officer's designee.
MASSAGE
The rubbing, kneading, stroking, tapping or vibrating of the parts of the human body with the hand or any instrument.
MASSAGE BUSINESS
The administering of a massage in return for payment of a fee or other compensation or consideration to the person administering the massage either directly or indirectly. This shall not include illegal acts amounting to prostitution or any other sexual acts in exchange for consideration.
MASSAGE ESTABLISHMENT
Any place in the Borough of Morrisville where massages arc administered for the payment of a fee or other compensation or consideration, but not including a hospital, nursing home, medical clinic or the office of a physician, surgeon, physical therapist, chiropractor or osteopath, currently licensed as such by the Commonwealth of Pennsylvania, or to include barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders, or any athletic program of an accredited junior and senior high school in which a massage is administered by a trainer within the scope of such athletic program.
MASSAGE PROVIDER
Any massage establishment as defined herein or any massage technician as defined herein.
MASSAGE TECHNICIAN
Any person who administers a massage to another as a part of a massage business, but not including a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, currently licensed as such by the Commonwealth of Pennsylvania, or any coach or trainer of an athletic program of an accredited junior or senior high school or college in which a massage is administered by such coach or trainer within the scope of such athletic program.
PERSON
Any individual, association, firm, partnership, limited partnership, corporation, trust or other legally recognized entity.
B. 
In this chapter, any word used in the singular shall include the plural, and any word used as a plural shall include the singular, and the masculine shall include the feminine and the neuter.
A. 
No person shall engage in a massage business (including a massage technician) unless such person shall possess a valid license issued pursuant to the provisions of this chapter, and no person shall operate a massage establishment at any place within the Borough unless a valid license is issued pursuant to the provisions of this chapter for each and every such establishment.
B. 
Application.
(1) 
Any person desiring to obtain a license to engage in a massage business or operate a massage establishment shall submit an application to the Code Enforcement Officer.
(2) 
Any person desiring to obtain a license to engage in a massage business or operate a massage establishment shall file a fully completed written application with the Code Enforcement Officer on a form to be provided by the Code Enforcement Officer. The application shall include a criminal release form to enable the Borough to investigate the criminal offense history of any applicant.
C. 
Investigation. Applications for licenses under this chapter shall be referred to the Morrisville Borough Police Department, which shall cause an investigation to be made and report the findings of the Code Enforcement Officer. Applicants shall cooperate with any investigation conducted pursuant to the provisions of this chapter and shall permit access to the proposed place of business and facilities in conjunction with such investigation.
D. 
Granting of license. Within 60 days of receipt of an application, the Code Enforcement Officer shall either grant or deny the license applied for by the applicant. The license shall be granted, provided that:
(1) 
The proposed massage establishment complies with all applicable ordinances of the Borough, including but not limited to the building, fire prevention, and zoning ordinances of the Borough.
(2) 
No person whose name appears on the application, including owners and prospective employees, has been convicted of or entered a plea of guilty to any felony or has pleaded guilty to a felony or has a charge currently pending or has forfeited bail or has been convicted of or pleaded guilty to a violation of Section 5902 of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A. § 5902, pertaining to prostitution and related offenses, or any law of any other jurisdiction involving sexual misconduct.
(3) 
No person shall be recognized as a massage technician by the Borough or granted a license under this chapter unless such person has been licensed by the Pennsylvania State Board of Massage Therapy.
Every massage establishment and every massage technician shall comply with the following requirements:
A. 
Prohibited conduct. No person other than an employee of the massage establishment shall be permitted to give massages in such massage establishment, and all massage technicians giving massages in any massage establishment shall be licensed and shall be deemed to be employees of the massage establishment for all purposes by the Borough.
B. 
Massage establishments shall commence operation and massages may be administered no earlier than 9:00 a.m. The hours of operation shall extend no later than 9:00 p.m.
C. 
A massage establishment shall prominently and publically display its license on the premises, and each massage technician's license shall be available for inspection.
D. 
No person under the age of 18 years of age shall be permitted to enter or remain on the premises or receive any massage, unless accompanied by a parent or responsible adult.
E. 
For the purposes of ascertaining violations of this chapter and conducting routine inspections, health inspectors, building inspectors, the Fire Marshal, or duly authorized fire code inspectors of the Borough, or police officers of the Morrisville Borough Police Department, shall have the right of entry into the premises of any massage establishment during the hours such establishment is open for business on a quarterly basis.
F. 
No person, other than employees of the massage establishment, shall remain on the premises of a massage establishment more than one hour after closing. No massage establishment shall be used as a dwelling unit or for residential purposes by any massage technician.
No license issued under the provisions of this chapter shall be transferable to another person. Upon the sale or transfer of any interest in a massage establishment, the license therefor shall be null and void. Any person desiring to continue to operate such massage establishment following the sale or transfer of any interest shall make application therefor pursuant to the provisions of this chapter.
Every license issued under the provisions of this chapter is subject to revocation by the Code Enforcement Officer should any arrests be made at the massage establishment for a violation of Section 5902 of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A. § 5902, pertaining to prostitution and other related offenses. Such revocation shall be made only after providing 10 days' written notice to the license holder of the proposed revocation, prior to the effective date of the revocation. The license holder shall have the right to appeal the proposed revocation to Morrisville Borough Council within 10 days from the date of the written notice of the proposed revocation. The notice shall advise the license holder of the right to appeal the proposed revocation. A hearing shall be held before Morrisville Borough Council either at any regularly scheduled meeting of Borough Council or at a special meeting called by Borough Council. The license holder shall have the right to be represented at such hearing and to produce evidence. Should the license holder appeal the proposed revocation to Borough Council, the license shall not be revoked until such time as a determination is made by Borough Council. Borough Council shall issue a written decision to the license holder within 10 days from the date of publically voting on the proposed revocation. The license holder shall have the right to appeal the decision of Borough Council to the Court of Common Pleas of Bucks County within 10 days from the date of Borough Council's written decision.
All licenses issued pursuant to this chapter shall expire one year after the date of issuance. No later than one month previous to the expiration, licensees shall make application for renewal of said license.
In addition to the refusal to grant or the revocation of the license as provided for in this chapter, any officer, agent, servant or employee thereof who shall violate any provision of this chapter shall, upon conviction thereof by a District Justice, be guilty of a summary offense and shall be sentenced to pay a fine of $1,000 together with the costs of prosecution. Each provision of this chapter violated shall constitute a separate and distinct offense. Each day a violation continues after notification shall constitute a separate offense.