[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 6-4-1990 by Ord. No. 1174 (Ch. 836 of the 1982 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any establishment which offers the services of a massage
technician, masseur, masseuse or massagist to its members or to the
public for any fee, consideration, gratuity or donation.
Any process consisting of kneading, rubbing or otherwise
manipulating the skin of the body of a human being, either with the
hand or by means of electrical instruments or other apparatus, including
the use and application thereof of any type of bath, hot tub, sitz,
sauna, vapor, steam, cabinet, tub, shower or such other types of baths,
under such circumstances wherein it is reasonably expected that the
person to whom the massage is provided will pay money or give any
other consideration, gratuity or donation.
Any person who, for any fee, consideration, donation or gratuity,
administers a massage to any other person.
A.
The term "health club or massage establishment" shall not include
a regularly licensed hospital, medical clinic, offices and quarters
of licensed health care providers, nursing homes or duly licensed
beauty parlors or barbershops insofar as said beauty parlors or barbershops
may deal with the neck, face, head, scalp, hair, hands and feet of
its customers or clients.
B.
The term "massage technician, masseur, masseuse or massagist" shall
not include persons licensed by the Commonwealth of Pennsylvania to
practice medicine, chiropractic, osteopathy, podiatry, nursing or
physical therapy, or barbers, beauticians and cosmetologists, insofar
as said barbers, beauticians and cosmetologists may deal with the
neck, face, scalp, head, hands, hair and feet of their customers or
clients for cosmetic or beautifying purposes.
C.
This chapter shall not apply to massage treatments given:
(1)
In the office or upon the written order of any licensed physician,
osteopath or chiropractor, or any other such professional licensed
by the Commonwealth of Pennsylvania and authorized pursuant to said
state statute to prescribe care and treatment for patients;
(2)
In a regularly established medical center, hospital, sanitarium or
other such institution licensed by the Commonwealth of Pennsylvania
to care and treat patients; and
(3)
In the residence of a person who is under the care of a physician,
osteopath, chiropractor or such other professional licensed by the
Commonwealth of Pennsylvania and authorized to render care and treatment
to patients, wherein such person receives such massage at the direction
of the said licensed professional as described in this subsection.
It shall be unlawful for any health club, massage technician, masseur, masseuse or massagist, as defined in § 192-1 of this chapter, to massage, solicit to massage or offer to massage any person within the Borough of Green Tree without first obtaining a license therefor in compliance with the provisions of this chapter.
An applicant for a health club license and/or a license as a
massage technician, as defined herein, must file with the Police Department
and with the Borough Manager a sworn application, in writing, on a
form to be furnished by the Borough, providing the following information.
A.
Requirements of a massage technician:
(1)
The name and physical description of the applicant;
(2)
The complete permanent home address and local address of the applicant;
(3)
A statement that the applicant is at least 18 years of age;
(4)
A statement that the applicant has never been convicted of a crime
involving open lewdness, prostitution or related offenses, offenses
relating to obscene or other sexual materials, or other crimes related
to public indecency;
(5)
A recent photograph of the applicant, which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner;
(6)
The social security number and a set of the applicant's fingerprints
on a noncriminal file card, which card can be reclaimed by the applicant
upon the expiration or cancellation of the license;
[Amended 6-4-1990 by Ord. No. 1174]
(7)
Certification 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 a
minimum of 235 hours of study in the basic subjects of anatomy, physiology,
hygiene, hydrotherapy, technique of massage, clinical internship,
contraindications of massage, and physical and mechanical exercise
of the human body; and
[Amended 10-18-1993 by Ord. No. 1250]
(8)
In lieu of Subsection A(7) hereof, the applicant may furnish satisfactory proof of equivalent credentials by way of experience and training of at least one year's duration in a hospital, nursing home, medical clinic, or in the offices or quarters and under the direct supervision of a physician or medical practitioner, including an osteopath and/or chiropractor licensed in any state.
B.
Requirements of a health club:
(1)
The names and addresses and physical descriptions of all owners,
stockholders, directors, officers, partners and managing personnel
of the said health club;
(2)
Certification that none of the individuals identified in Subsection B(1) hereof has been convicted of a crime involving open lewdness, prostitution or related offenses, offenses relating to obscene or other sexual materials, or other crimes related to public indecency;
(3)
A set of fingerprints on a noncriminal file card, which card can
be reclaimed upon termination of employment, for that individual designated
as the manager of the said health club. If more than one individual
is designated as the manager, then the said noncriminal file card
must be supplied as to each individual;
(4)
Certification from the Borough's Code Enforcement Officer/Building
Inspector that the place of operation for the health club complies
with all applicable zoning, building, fire, electrical, plumbing and
health regulations applicable to the Borough of Green Tree; and
(5)
A valid lease with the owner of the premises to be occupied as a
health club attached to the application or the consent of the owner
of the premises affixed to the application.
Each and every health club or massage establishment granted
a license hereunder shall comply with the following health requirements:
A.
No part of the building may be used for or connected with any bedroom
or have sleeping quarters.
B.
Any and all tables, tubs, shower stalls and floors, with the exception
of reception and administrative areas, provided massages are not administered
in such reception and administrative areas, shall be constructed of
nonporous materials which may be readily disinfected.
C.
Adequate and sufficient closed containers for all wet and soiled
towels or waste material shall be provided.
D.
All equipment, shower stalls, lavatories, tubs, cabinets and other
accoutrements used in connection with massage techniques shall be
maintained in a clean and sanitary condition and treated with disinfectant
on a daily basis.
E.
Separate toilet, lavatory, showering and dressing facilities for
males and females, with individual privacy barriers therein, and a
separate service sink for custodial services shall be provided.
F.
Upon reasonable notice, access of health, plumbing, fire, electrical
and other authorized Borough inspectors to any part of the said health
club shall be provided and granted.
G.
For each employee rendering services as a massage technician, a certificate
of good health issued by a licensed physician of the Commonwealth
of Pennsylvania shall be retained on file. Such certificate shall
be renewed once every six months.
H.
Any patron/customer infected with any fungus or skin infection shall
be refused treatment.
I.
Each and every massage technician shall be required to wash his or
her hands in hot running water using proper soap and disinfectant
before giving any service or treatment to each separate patron.
J.
Towels, tissues, sheets or other coverings used in connection with
massages shall be used for one patron only and discarded or placed
for laundering after each use.
K.
Any nondisposable apparatus or equipment used in connection with
the application or administration of the massage shall be disinfected
after each use with each patron.
L.
A separate dressing room for each sex, which shall be equipped with
self-closing solid construction doors, shall be provided.
A.
Upon receipt of each application by the Borough Manager, whether
for a health club or as a massage technician, the application shall
be referred to the Police Chief, who shall immediately institute such
investigation of the applicant and verification of the contents of
the application as the Chief of Police deems necessary for the protection
of the public safety and welfare.
B.
The Police Chief shall, within a reasonable period of time, but in any event not more than 60 days after forwarding of the application to him or her, return the application to the Borough Manager with the results of his or her investigation and verification of the proposed licensee's application. The Chief of Police shall indicate either his or her approval or denial of the same. If the Chief of Police has endorsed the application with his or her approval, the Borough Manager, upon payment of the license fees required by § 192-13, shall deliver to the applicant his or her license within 72 hours after the application has been returned to the Borough Manager by the Chief of Police. As to a request for a license for a health club, the Borough Manager shall request the Code Enforcement Officer/Building Inspector to certify the premises as set forth in § 192-4B(4), which inspection shall be performed by the Code Enforcement Officer within five working days of the Chief of Police's approval of the application.
C.
Each license issued hereunder shall contain the signature of the
Borough Manager and shall show the name and address and contain a
photograph of the licensee for each massage technician. The said massage
technician shall carry the license on his or her person or conspicuously
display it in the health club wherein the said massage technician
is employed.
Every license or permit issued hereunder will terminate at the
expiration of one year from the date of its issuance unless sooner
suspended or revoked. It shall be subject to renewal based on compliance
with all terms and conditions of its original issuance.
The licensee or managing personnel of a health club shall maintain
a register of all persons employed at any time as massage technicians,
masseurs, masseuses or massagists, including therein their license
number. Such registry shall be available at the health club or massage
establishment to representatives of the Borough during regular business
hours.
Any person aggrieved by a refusal of the Borough Manager to
issue a license to an applicant to operate a health club, as defined
herein, or to operate as a massage technician, as defined herein,
may request and shall be granted a hearing before Council of the Borough
of Green Tree. Such request shall be made by filing with Council through
the Borough Secretary a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor. Such petition
shall be filed within 10 days after the aggrieved person receives
notice that the application for a license has been denied. Council
shall thereupon commence a public hearing within 30 days after the
date on which the said petition has been filed, unless postponed for
good and sufficient reason. Council shall render its decision within
30 days after such hearing. It shall have the authority to sustain,
modify or overrule the action of the Borough Manager.
A.
It shall be unlawful for any person in a health club or any massage
technician to place his or her hand or hands upon, to touch with any
part of his or her body, to fondle in any manner or to massage the
sexual or genital parts of any other person. Sexual or genital parts
shall include the genitals, pubic area, buttocks, anus or perineum
of any person or the vulva or breasts of a female.
B.
It shall be unlawful for any person in a health club to expose his
or her sexual or genital parts to any person.
C.
It shall be unlawful for any person, while in the presence of any
other persons in a health club, to fail to conceal with a fully opaque
covering, the sexual or genital parts of his or her body.
D.
It shall be unlawful for any health club to employ as a massage technician
any person who is required to be licensed under this chapter and does
not hold a valid license under this chapter.
E.
No person shall permit or allow any individual under the age of 18
to receive a body massage unless such person is accompanied by his
or her parents or lawful guardian.
The Borough Manager may revoke the license of a health club
or massage technician upon satisfactory proof of the following:
A.
That the licensee fails to meet the licensing requirements of this
chapter;
B.
That subsequent to the issuance of the license, the said licensee
has been convicted of a crime involving open lewdness, prostitution
or related offenses, offenses relating to obscene or other sexual
materials or other crimes related to public indecency;
C.
That the licensee under this chapter has, without a valid license
from the Commonwealth of Pennsylvania, practiced medicine, chiropractic,
osteopathy, podiatry, nursing, physical therapy or barbering or acted
as a beautician or cosmetologist;
D.
That the licensee is, or has become, a habitual user of narcotics
or other illegal drugs;
E.
That the licensee has allowed or permitted any person not holding
a valid license under this chapter to perform a body massage at a
health club; and/or
F.
That any licensee has violated any section of this chapter.
This chapter shall be effective immediately upon enactment,
except that the owner or any manager of any health club operating
in the Borough of Green Tree prior to the effective date of this chapter
(Ordinance No. 1174, adopted June 4, 1990) may apply for and be granted
by the Borough Manager a grace period, not to exceed six months, to
apply for and comply with all licensing requirements in this chapter.
Each application for a health club license shall be accompanied
by a nonrefundable fee of $150, which fee shall represent the administrative
cost or overhead of the investigation required hereunder. Each application
for a massage technician license shall be accompanies by a nonrefundable
fee of $75, which fee shall represent the administrative cost or overhead
of the investigation required hereunder. Each license granted hereunder
shall be subject to an annual renewal fee, which fee may be set by
resolution of Council.
Unless licensed by the Pennsylvania Liquor Control Board, no
health club shall keep, provide, dispense, sell or give as a gratuity,
or allow the consumption of, any alcoholic beverages on the premises
of a health club.
No health club providing body massages shall provide the same
during the hours of 11:00 p.m. and 7:00 a.m. of the following day.
A.
Whoever violates or fails to comply with any of the provisions of
this chapter shall be fined not more than $500 or imprisoned not more
than six months.
B.
In addition to the penalty provided in Subsection A hereof, any health club which is found to operate without a current license, or which employs any massage technician not holding a valid license shall suffer the immediate revocation of its occupancy permit and shall not be permitted to operate thereafter.
