[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham 5-22-1985 by Ord. No. 1606.
Amendments noted where applicable.]
[Amended 11-21-1995 by Ord. No. 1846-95]
The following shall be entitled the "Massage Establishment Code."
A.
DIRECTOR
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
PERSON
TOWNSHIP
The following words, terms and phrases, when used in
this chapter, shall have the following meanings ascribed to them:
The Director of Public Works, the Code Official, or the Deputy Code
Official.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006
by Ord. No. 2109-06]
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.
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.
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.
Any individual, association, firm, partnership, limited partnership,
corporation, trust or other legally recognized entity.
The Township of Cheltenham, Montgomery County, Pennsylvania.
B.
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.
A.
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.
B.
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]
(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.
C.
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]
D.
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.
Each massage establishment shall comply with the following requirements:
A.
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.
B.
All massage tables, bathtubs, shower stalls, steam rooms,
sauna rooms, bath areas and floors shall have surfaces which may be readily
disinfected.
C.
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.
D.
The premises shall be equipped with a service sink for
custodial services.
E.
Each massage establishment shall have a minimum of one
shower, one toilet and one washbasin for every two massage technicians employed.
F.
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.
G.
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.
H.
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.
Every massage establishment and every massage technician shall comply
with the following requirements:
A.
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.
B.
Massage establishments shall prominently and publicly
display their license on the premises.
C.
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.
D.
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.
E.
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.
F.
Massages shall not be administered to any patrons who
have open sores or other visual signs of contagion or communicable disease.
G.
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]
H.
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.
I.
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.
J.
Eating in the massage work areas shall not be permitted.
K.
Animals, except for Seeing Eye dogs, shall not be permitted
within massage establishments.
L.
A massage technician shall wash his hands immediately
prior to the administration of each massage.
M.
No person shall remain on the premises of a massage establishment
more than one hour after closing.
N.
Massage technicians shall be fully dressed from the neck
to the knees in clean, opaque, light-colored clothing.
A.
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.
B.
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.
[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.
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.
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.
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.