Township of Cheltenham, PA Massage Establishments

A method of treating the external parts of the human body for comfort or the general well-being of the body, consisting of rubbing, stroking, kneading, tapping or vibrating with the hand or with any instrument.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business in the Township where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath or to include barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders.

MASSAGE TECHNICIAN

Any person who administers a massage to another person. This definition shall not include a physician, surgeon, chiropractor, osteopath, physical therapist or nurse if such person is currently licensed as such by the Commonwealth of Pennsylvania.

PERSON

Any individual, association, firm, partnership, limited partnership, corporation, trust or other legally recognized entity.

TOWNSHIP

The Township of Cheltenham, Montgomery County, Pennsylvania.

In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 179-3 Massage establishment license required; application; investigation.

No person shall carry on the business of operating a massage establishment at any place within the Township unless a valid license is issued pursuant to the provisions of this chapter for each and every such place of business.

Application.

(1)

Fee. Any person desiring to obtain a license to operate a massage establishment shall make an application to the Director. A fee, to be set forth from time to time by resolution of the Board of Commissioners,[1] payable to the Township of Cheltenham, shall accompany the submission of the application to defray the costs of administration and investigation. In the event that the applicant is not granted a license under the provisions of this chapter, a portion of the application fee, as specified in Chapter A300, Fees, and to be set forth from time to time by resolution of the Board of Commissioners, shall be returned to the applicant.

[Amended 11-21-1995 by Ord. No. 1846-95]

[1]

Editor's Note: For current fee amounts, see Ch. A300, Fees.

(2)

Contents. Any person desiring a massage establishment license shall file a fully completed written application with the Director on a form to be provided by the Director. The application form shall include a criminal release form to enable the Director to investigate the criminal offense history of any applicant.

Investigation. Applications for licenses under this chapter shall be referred to the Chief of Police and the Director of Engineering, Zoning and Inspections who shall cause an investigation to be made and report their findings to the Director of Public Works, Code Official, or Deputy Code Official. 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 therefor in conjunction with such investigation.

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]

Granting of license. Within 60 days of the receipt of an application and fee, the Director of Public Works, Code Official, or Deputy Code Official shall either grant or deny a massage establishment license. The license shall be granted if:

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]

(1)

The massage establishment complies with all applicable ordinances, including but not limited to the Township's building, zoning and subdivision, fire and health regulations.

(2)

No person whose name appears on the application, including owners and prospective employees, has been convicted of a felony or has pleaded guilty to a felony or has a felony 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 comparable law of any other jurisdiction.

§ 179-4 Massage establishment facilities.

Each massage establishment shall comply with the following requirements:

The premises shall have adequate equipment for disinfecting instruments and materials used in the administration of massages. Such instruments and materials shall be disinfected after every use.

All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms, bath areas and floors shall have surfaces which may be readily disinfected.

All walls, ceilings, floors, showers, bathtubs, steam rooms, sauna rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. When carpeting is used on the floors, it shall be kept dry.

The premises shall be equipped with a service sink for custodial services.

Each massage establishment shall have a minimum of one shower, one toilet and one washbasin for every two massage technicians employed.

If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, toilet facilities, steam rooms and sauna rooms as are provided shall be separate for male and female patrons, and each such separate facility or room shall be clearly marked as such.

Rooms in which massages are to be administered shall have at least 50 square feet of clear floor area and shall maintain a light level of no less than 20 footcandles as measured at three feet above the surface of the floor. Lighting in colors other than white shall be prohibited. Such rooms shall contain a door incapable of being locked from either the exterior or the interior. Such door shall contain an unobstructed, transparent windowpane of no less than 12 inches wide and 12 inches long, such that an unobstructed view of the room is provided from a hallway or other common access area immediately adjacent to the room.

No stuffed or upholstered furniture or beds and mattresses shall be permitted in rooms in which massage is to be administered. Such rooms shall be equipped with massage tables having a hard surface impervious to liquids, with a width of no more than three feet and a length of no more than eight feet. The surface of such tables shall be positioned at least two feet from the surface of the floor so as to allow for free access to the floor beneath. Such tables may be equipped with either nondisposable pads or coverings or disposable pads or coverings not more than 2 1/2 inches thick. Nondisposable pads or coverings shall be removable, impervious and cleanable.

§ 179-5 Massage establishment operation requirements.

Every massage establishment and every massage technician shall comply with the following requirements:

Massage establishments shall commence operations and massages may be administered no earlier than 8:00 a.m. The hours of operation shall extend no later than 10:00 p.m.

Massage establishments shall prominently and publicly display their license on the premises.

Massage establishments shall at all times be equipped with an adequate supply of clean towels, linens and coverings. Towels, linens and coverings shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels, linens and coverings shall not be used on more than one patron. Soiled towels, linens and coverings shall be deposited in approved receptacles; disposable items shall not be deposited in the same receptacle as nondisposable items.

Instruments used in administering massages shall not be used on more than one patron unless they have first been disinfected. Massage table pads and reusable table coverings shall be disinfected after each use.

Lotions and powders used during the administration of massages shall be stored separately in containers clearly labeled as to contents and shall be stored in cabinets reserved solely for such purpose.

Massages shall not be administered to any patrons who have open sores or other visual signs of contagion or communicable disease.

For the purposes of ascertaining violations of this chapter and conducting routine inspections, the Director of Public Works, Code Official, Deputy Code Official, building inspectors and the Fire Marshal of the Township shall have the right of entry into the premises of any massage establishment during the hours such establishment is open for business.

[Amended 6-27-2006 by Ord. No. 2109-06]

If an inspector observes that any massage technician has open sores or otherwise has reasonable grounds to believe that any massage technician is infected with a contagious or communicable disease, the inspector shall have the right to suspend such massage technician from practicing or administering massages until such time as the massage technician furnishes a doctor's certificate to the Director showing him to be free of any contagious or communicable disease.

The owner or licensee or his duly authorized manager shall be on duty at all times during the hours such establishment is open for business.

Eating in the massage work areas shall not be permitted.

Animals, except for Seeing Eye dogs, shall not be permitted within massage establishments.

A massage technician shall wash his hands immediately prior to the administration of each massage.

No person shall remain on the premises of a massage establishment more than one hour after closing.

Massage technicians shall be fully dressed from the neck to the knees in clean, opaque, light-colored clothing.

§ 179-6 License revocation.

Every license issued under the provisions of this chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee violate any of the provisions of this chapter. Said license may be revoked by the Board of Commissioners after notice and a hearing. Notice of such a hearing shall be in writing and shall be served at least 10 days prior to the date of the hearing by certified mail or by posting the notice upon the entrance to the massage establishment. The notice shall state the time and place where the hearing shall be held and shall specify the ordinance or law violations with which the licensee is charged. The hearing shall be before the Board of Commissioners, and the licensee and his attorney shall have the right to appear at such hearing and to produce evidence.

The following acts or omissions are declared to be in violation of this chapter and constitute grounds for revocation of a license:

(1)

Any action proscribed by Section 5902 of the Crimes Code of Pennsylvania, 18 Pa.C.S.A. § 5902, pertaining to prostitution and related offenses.

(2)

Making false statements in writing on the license application.

(3)

Allowing persons under the age of 18 years to be on the premises of the massage establishment for any purpose.

§ 179-7 Violations and penalties.

[Amended 11-21-1995 by Ord. No. 1846-95]

In addition to the refusal or revocation of a license as provided under this chapter, any person, as defined in this chapter, or any officer, agent, servant or employee thereof, who shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter shall, upon conviction thereof before a District Justice, be sentenced to pay a fine or penalty not exceeding $600 and the costs of prosecution for each offense, to be collected as like fines or penalties and costs are now by law collectible. Each day a violation shall continue after notification shall constitute a separate offense. The fine or penalty imposed by this section shall be in addition to any other penalty imposed by this chapter or allowed by law.

§ 179-8 Sale or transfer of establishment.

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 § 179-3.

§ 179-9 Expiration of license.

All licenses issued pursuant to the provisions of this chapter shall expire one year after the date of issuance. In the month previous to the expiration, licensees shall make application as provided in § 179-3 for renewal of said license.

§ 179-10 Exemptions.

The provisions of this chapter shall not apply to accredited junior and senior high schools, colleges, coaches and trainers employed by said high schools and colleges while acting within the scope of their employment.