[HISTORY: Adopted by the Board of Commissioners of the Township
of Caln 8-30-2018 by Ord. No. 2018-08. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 155.
It is the purpose and intent of the Board of Commissioners that
the operation of massage businesses be regulated in the interests
of public health, safety, and welfare by providing minimum building,
sanitation, and health standards. It is the intent of this chapter
to enact regulations to ensure that massage businesses conduct their
services in a lawful and professional manner. The Board of Commissioners
finds that existing controls have not satisfactorily addressed or
regulated serious criminal and public health problems, nor have the
existing controls regulated the profession so as to sufficiently encourage
compliance with state and local laws.
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them by this section:
Any person who gives massages to, or attends in any other
way upon, patrons of a massage business.
The person or entity to whom a massage business license has
been issued to own or operate a massage business as defined herein.
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, liniment, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person engages in, carries on, or permits to be engaged in or
carried on the practice of massage as is defined above. This term
shall exclude licensed hospitals, licensed nursing homes, medical
clinics, and the offices and quarters of licensed health profession
practitioners. A massage business shall also include a location where
sauna baths, Turkish baths, Swedish baths or the like are made available
to members of the public.
An individual licensed by the Pennsylvania State Board of
Massage Therapy to practice massage therapy.
As defined in the Massage Therapy Act (63 P.S. § 627.1
to § 627.50), (the "Act"), as the Act may be amended from
time to time, the application of a system of structured touch, pressure,
movement, holding and treatment of the soft tissue manifestations
of the human body in which the primary intent is to enhance the health
and well-being of the client without limitation, except as provided
in the Act. The term includes the external application of water, heat,
cold, lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electro-mechanical devices
which mimic or enhance the action of the massage techniques. The term
does not include the diagnosis or treatment of impairment, illness,
disease or disability, a medical procedure, a chiropractic manipulation—adjustment,
physical therapy mobilization—manual therapy, therapeutic exercise,
electrical stimulation, ultrasound or prescription of medicines for
which a license to practice medicine, chiropractic, physical therapy,
occupational therapy, podiatry or other practice of the healing arts
is required. The term also shall not include barbers and beauticians
who are duly licensed by the commonwealth and massage the neck, face,
scalp or hair of their patrons.
Any individual, or any firm, partnership, corporation or
other association of individuals or group acting as a unit.
It shall be unlawful for any person to own or operate a massage
business in the Township of Caln without first having obtained a valid
massage business license from the Township. A separate massage business
license is required for each location if a person maintains, manages,
operates, conducts, controls or owns multiple massage businesses at
different locations.
A.
Each person seeking a massage license shall submit to the Township's
Department of Building and Life Safety a written application containing
the following:
(1)
A description of service(s) to be provided;
(2)
The location(s), mailing address(es), and all telephone numbers where
the business is to be conducted within the Township;
(3)
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);
(4)
If applicant is a corporation, the names and residence addresses
of each of the officers and directors of the corporation, along with
the address of the corporation itself, if different from the address
of the massage establishment;
(5)
If 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;
(6)
The two previous addresses immediately prior to the present address
of the applicant;
(7)
Proof that the applicant is at least 18 years of age;
(10)
The massage or similar business license history of the applicant,
whether the person has had a business license revoked or suspended
in another state or municipality and the reasons therefor;
(11)
All criminal convictions other than summary traffic violations,
including dates of convictions, nature of crimes, and place of conviction;
(12)
The name and address of each massage therapist who is or will
be employed in the establishment;
(13)
Proof of massage therapy licensure with the Pennsylvania State
Board of Massage Therapy for all massage therapists employed by the
business;
(14)
The name that the business shall operate under;
(15)
A description of any other business to be operated on the same
premises or on adjoining premises owned or controlled by the applicant;
(16)
Authorization for the Township, 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 license; and
(17)
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 Township at the time of submitting
the application a nonrefundable filing fee in an amount determined
by resolution of the Board of Commissioners for an original application
and for each renewal application.
C.
A license issued hereunder shall have a term of one year from the
date of issuance. An application for 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 business license, the Township's Department of Building
and Life Safety may issue said license to the applicant unless the
Department finds:
A.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including, but not limited to,
the Township's building, zoning, and health regulations;
B.
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the license application or in any document required
by the Township in conjunction therewith; and
C.
The applicant has had a massage business, massage therapy, or other
similar license denied, revoked, or suspended by the Township or any
other state or municipality within five years prior to the date of
the application.
Every licensee under this chapter shall display the license
in a prominent place within the business, such as a front window or
on the wall of the reception area inside the entrance to the business.
A.
Any licensee under this chapter shall maintain a register of all
persons employed at any time by the business, including identification
card or driver's license, social security card, passport, or
other valid work permit or documentation.
B.
The licensee shall keep a written record of the date and hour of
each massage service; the name and address of each client; the name
of the massage therapist administering the service and the address
at which the service was provided and the type of service administered.
Such written record shall be open to inspection by Township officials
including the police department for the administration and enforcement
of the Caln Township Code and all applicable state laws. Such records
shall be maintained on the premises of the massage business for a
period of two years.
C.
Both employee and patron registers shall be available at the licensed
massage business for inspection by Township employees during regular
business hours.
A.
Any license issued to a massage business under this chapter may be
revoked or suspended by the Township after notice and a hearing, for
good cause shown, in any case where any of the provisions of this
chapter are violated or where any employee of the licensee, including
a massage therapist, is engaged in any conduct which violates any
laws of the Commonwealth of Pennsylvania or ordinances of the Township
at the licensee's place of business.
B.
A license issued to a massage business may also be revoked or suspended
by the Township after notice and hearing, on the recommendations of
the Department of Building and Life Safety that the business is being
managed, conducted, or maintained without regard to proper sanitation
and hygiene in violation of any federal, state, county or Township
ordinance or regulation.
The provisions of this section shall constitute terms and conditions
and operating regulations applicable to each massage business licensed
in the Township. It shall be unlawful for any person to violate these
provisions.
A.
All massage therapists employed by the business shall maintain massage
therapy licenses in good standing as issued by the State Board of
Massage Therapy and shall comply with the Pennsylvania State Board
of Massage Therapy's regulations for massage therapists found
in Chapter 20 of the Pennsylvania Code,[1] as may be amended from time to time.
[1]
Editor's Note: See 49 Pa. Code Chapter 20, State Board
of Massage Therapy.
B.
It shall be unlawful for any massage business to provide massage
in exchange for money or any other thing of value, or for checks,
credit or any other representation of value, unless all individuals
employed by the massage business to perform massage, whether as an
employee, independent contractor, sole proprietorship, or otherwise,
maintain massage therapy licenses in good standing as issued by the
State Board of Massage Therapy.
C.
Massage in exchange for money or any other thing of value, or for
checks, credit or any other representation of value shall be provided
or given only between the hours of 7:00 a.m. and 10:00 p.m.
D.
The premises on which a massage business is operated or conducted
shall be open only between the hours of 7:00 a.m. and 10:00 p.m.
E.
All clients shall enter and exit exclusively through the front door
of the massage business. The front door shall be the door facing the
street, or, if no such door exists, the door that is most visible
to members of the public passing by the massage business.
F.
The exterior windows and doors fronting a public street, highway,
walkway, or parking area shall not block visibility into the interior
reception and waiting area through the use of curtains, closed blinds,
tints, or any other material that obstructs, blurs, or unreasonably
darkens the view into the premises.
G.
A list of services available shall be displayed in an open and conspicuous
manner in a public place within the premises and shall be described
in readily understandable language. No person shall perform or offer
to perform any service other than those posted.
H.
The licensee shall, at all times, have an adequate supply of clean
sanitary towels, coverings and linens. Towels and linens shall not
be used on more than one client, unless they have first been laundered
and disinfected. Disposable towels and coverings shall not be used
on more than one client.
I.
The licensee shall provide separate massage rooms and separate dressing
facilities if male and female clients are to be treated simultaneously
on the same massage business premises, unless there is consent from
the male and female clients to receive massage on separate massage
tables in the same room.
J.
Massage businesses shall not contain sleeping quarters on the premises.
There shall be no room or space used for sleeping, living or residential
uses on the massage business premises.
K.
No person shall enter or remain in any part of the premises of a
massage business, or conduct, operate, be employed by or provide massage
while in the possession of, consuming, or using any alcoholic beverage
or drugs except for medication provided pursuant to a prescription
issued by a physician duly licensed to practice in the Commonwealth
of Pennsylvania. The licensee, owner, operator, manager or massage
therapist shall not permit any such person to enter or remain on such
premises.
L.
No alcoholic beverage or drug, other than a prescription medication
in the possession of the person for whom the prescription was written
shall be stored or kept on the premises of a massage business.
M.
No person shall be employed in a massage business or perform massage
or manage or hold an ownership interest in a massage business who
is not at least 18 years of age.
N.
No massage business shall be open for business without having at
least one massage therapist who holds a valid massage therapist license
issued by the Commonwealth of Pennsylvania present on the premises
during all business hours.
A licensee shall immediately notify the Township's Department
of Building and Life Safety of any of the following occurrences:
A.
Arrests of any owners, managers, employees, or massage therapists
for an offense other than a misdemeanor traffic offense.
B.
Resignations, terminations, or transfers of massage therapists employed
or otherwise retained by the licensee to provide massage.
C.
Any event involving the massage business, licensee and/or massage
therapist that constitutes or may constitute a violation of this chapter,
Caln Code, or state or federal law.
The Caln Township Police Department and/or the Department of
Building and Life Safety shall have the authority from time to time
to inspect each massage business within the Township for the purposes
of determining that the provisions of this chapter are fully complied
with.
Any license granted herein is nontransferable except upon the
death of the licensee. Any heir or devisee of a deceased licensee,
or any guardian of an heir or devisee of a deceased licensee, may
continue the massage business for a reasonable period of time, not
to exceed 60 days, to allow for the orderly transfer of the license
to the heir or devisee.
No person who is issued a license pursuant to this chapter shall
operate under a name not specified in his or her license, nor shall
he/she conduct business under any designation or location not specified
in his license.
The provisions of this chapter shall not apply to the following
classes of persons while engaged in the performance of the duties
of their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths, acupuncturists,
or physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Pennsylvania.
B.
Nurses registered under the laws of the Commonwealth of Pennsylvania.
C.
Barbers and beauticians who are duly licensed under the laws of the
Commonwealth of Pennsylvania while engaging in practices within the
scope of their licenses, limited solely to the massaging of the neck,
face, scalp, feet up to the ankle, or hands up to the wrist of the
client.
D.
Hospitals, nursing homes, sanitariums or other health care facilities
duly licensed by the Commonwealth of Pennsylvania.
E.
Accredited high schools, junior colleges, and colleges or universities
where coaches and trainers are acting within the scope of their employment.
F.
Trainers of amateur, semiprofessional or professional athletes or
athletic teams.
Any person who violates any provision of this chapter shall,
upon summary conviction before any District Justice, pay a fine not
exceeding $1,000 and costs of prosecution; and, in default of the
payment of the fine and cost, the violator may be sentenced to the
county jail for a term of not more than 30 days.
