[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 4-18-1977 as Ord. No. 653. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BODY MASSAGE
- The application to the human body by the hands or mechanical apparatus, any touching, stroking, friction, kneading, vibration, percussion, oil alcohol rubs, mechanotherapy, hot or cold packs, heat, cold, salt glows cabinet, tub, shower, sitz, sauna, vapor, steam or any other special type of bath.
- HEALTH CLUB
- Any establishment which offers services in the form of body massage, baths, exercises or similar services in combination to club members or to the public for a charge, fee or donations; but shall exclude hospitals, nursing homes, medical clinics and the office or quarters of licensed health profession practitioners.
- MASSAGE TECHNICIAN
- Any masseur (male) and masseuse (female) who administers body massage to any other person for a charge, fee or donation; but shall exclude persons licensed by the Commonwealth of Pennsylvania to practice medicine, chiropractic, osteopathy, podiatry, nursing and physical therapy and barbers, beauticians and manicurists insofar as they deal with the head, hands and feet.
- Includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.
No health club or massage technician may operate or practice within the Borough of Mount Oliver without a license to operate or practice upon proper application to the Borough Secretary and the fulfillment of the requirements set forth herein, and payment of a fee as set forth by the Borough Council per annum for the license and inspections and for each massage technician. Licenses granted under this chapter shall be renewed yearly and may be revoked for any failure to comply with this chapter.
No health club shall be granted a license to operate until the fulfillment of the following:
An application for a license shall include the names of all owners, stockholders and managing personnel, their addresses, occupations and satisfactory proof that they have not been convicted of any violation of laws prohibiting prostitution, obscenity, indecency or pornography.
Plans and specifications of the quarters proposed to be occupied shall be submitted to the Borough Secretary, which shall include details of entrances, partitions, windows, openings, ventilation, plumbing fixtures, water supply waste and vent connections. Such quarters must be equipped with separate toilet and lavatory facilities for patrons and personnel and a service sink for custodial services. No part of the quarters may be used for or connected with any bedroom or sleeping quarters.
All tables, tubs, shower stalls and floors, with the exception of reception and administrative areas, shall be of nonporous materials which may be readily disinfected.
Closed containers must be provided for wet towels and waste materials.
All equipment, shower stalls, toilets, lavatories, tubs, cabinets and other accouterments of the establishment shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times.
As a condition of receiving a license, the owners and operators of the health club must expressly grant access to health, plumbing, fire, electrical and other authorized borough inspectors to any part of the quarters of the health club for purposes of inspection at all reasonable times.
The health club must require and retain on file certificates of good health issued by a licensed physician for all employees practicing any services of the health club. Such certificates shall be renewed every six (6) months.
No health club shall serve any patrons infected with any fungus or skin infection.
All personnel shall wash his or her hands in hot, running water using proper soap or disinfectants before giving any service or treatment to each separate patron.
All towels and tissues and all sheets or other coverings shall be used singularly for each patron and discarded for laundry or disposal immediately after use.
Nondisposable tools or equipment shall be disinfected after use upon one (1) patron.
The applicant must have a valid lease or title to the quarters which meet the requirements of this chapter.
No body massage shall be provided to the genitals of the patron.
No person shall be granted a license to practice as a massage technician without satisfactory proof of the following:
That the applicant is at least eighteen (18) years of age.
That the applicant has never been convicted of prostitution, obscenity, indecency or related crimes.
That the applicant has a diploma from a recognized school of massage having a curriculum approved by the Pennsylvania Department of Education certifying that he or she has completed four hundred (400) hours of study in the basic subjects of anatomy, physiology, hygiene, hydrotherapy, technique of massage, clinical internship, contraindications of massage, physical and mechanical exercise.
In lieu of Subsection A(3), the applicant can furnish equivalent credentials by way of experience and training of at least one (1) year's duration.
The license shall contain a photograph of the massage technician and shall be carried on the person of the massage technician or conspicuously displayed in the health club wherein the massage technician is employed.
The application for a license shall contain the name, address, social security number, photograph and fingerprints of the applicant and should be kept on file in the borough office. Photographing and fingerprinting shall be done by the Mount Oliver Police Department.
The Borough Secretary may revoke the license of a health club or massage technician upon satisfactory proof of any of the following:
That the licensee does not meet the licensing requirements of this chapter.
That the licensee has been convicted of prostitution, obscenity, indecency, promoting prostitution, keeping or maintaining a disorderly house or related crimes and offenses.
That the licensee has diagnosed or treated classified diseases, practiced spinal adjustments or prescribed medicines.
That the licensee is guilty of fraud or willful negligence in the practice of body massage.
That the licensee is a habitual user of narcotics or other drugs.
That the licensee has allowed or permitted an unlicensed person to perform body massage.
That the licensee has provided body massage to the genitals of any patron.
That the licensee has violated any of the provisions of this chapter or any laws of the Commonwealth of Pennsylvania or any laws of the United States of America. Any violation by an employee of the health club or by a massage technician shall be considered a violation by the health club.
No person employed or engaged in the business of a masseur or masseuse shall massage, offer to massage or solicit to massage a person of the opposite sex. Each act of massage, each offer to massage and each solicitation to massage shall constitute a separate offense and shall be punishable as such hereunder.
No person shall own, operate, manage or have any interest, direct or indirect, in a place of business where a masseur or masseuse massages, offers to massage or solicits to massage a person of the opposite sex. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
The provisions of § 132-6 of this chapter shall not apply to massage treatments given in:
The owner or manager of any health club operating in the borough as of the effective date of this chapter may apply for and may be granted by the Borough Secretary a grace period not to exceed six (6) months in order to comply with § 132-3C and D. With these exceptions, this chapter becomes effective upon all health clubs and proposed health clubs upon enactment.
This chapter shall be administered by the Borough Secretary or licensing officer appointed by him. An appeal from the denial of a license or the revocation of a license shall be filed with the Borough Secretary within fifteen (15) days of such action, and shall be heard and determined by the Public Safety Committee of the Borough Council within thirty (30) days of the filing of the appeal. The applicant or licensee shall be informed in writing five (5) days prior to the hearing of the reasons for denial or revocation of the license.
Any person who violates this chapter shall be guilty of an offense and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand ($1,000.) dollars or undergo thirty (30) days imprisonment, or both. In addition, any health club which is found to operate without a current license shall suffer the immediate revocation of its occupancy permit and shall not be permitted to operate.