[HISTORY: Adopted by the Board of Supervisors
of Franklin Township 6-7-1990 as Ch. 13, Part 4, of the 1990 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 175.
This chapter shall be known as, and may be cited
as, the “Franklin Township Massage Establishments Ordinance.”
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The Code Enforcement Officer of Franklin Township or his
designated agent or assistant.
Any person over 18 years of age, other than a massagist,
who renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
The person to whom a license has been issued to own or operate
a massage establishment as defined herein.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical or electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage as defined herein, and which
has a fixed place of business where any person, firm, association
or corporation engages in or carries on any of the activities as described
in the definition of “massage.”
Any person, who for any consideration whatsoever, engages
in the practice of massage as defined herein.
Any business, the function of which is to engage in or carry
on massages at a location designated by the customer or client rather
than at a massage establishment as defined herein.
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
The person to whom a permit has been issued to act in the
capacity of a massagist (masseur or masseuse) as herein defined.
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
or character (all references to the male gender shall include the
female gender, unless otherwise indicated or unless the context dictates
otherwise).
Any school or educational institution licensed to do business
as a school or educational institution in the state in which it is
located, or any school recognized by or approved by or affiliated
with the American Massage and Therapy Association, Inc., and which
has for its purpose the teaching of the theory, method, profession,
or work of massage, which school requires a resident course of study
not less than 70 hours before the student shall be furnished with
a diploma or certificate of graduation from such school or institution
of learning following the successful completion of such course of
study or learning.
Genitals, pubic area, buttocks, anus, or perineum of any
person or the vulva or breasts of a female.
A.
Business license required. No person shall engage
in or carry on the business of massage unless he has a valid massage
business license issued by the Code Enforcement Officer pursuant to
the provisions of this chapter for each and every separate office
or place of business conducted by such person.
B.
Massagist's permit required. No person shall practice
massage as a massagist, employee or otherwise, unless he has a valid
and subsisting massagist's permit issued to him by the Code Enforcement
Officer pursuant to the provisions of this chapter.
This chapter shall not apply to the following
individuals while engaged in the personal performance of the duties
of their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths, or
physical therapists who are duly licensed to practice their respective
professions in and by the Commonwealth of Pennsylvania.
B.
Nurses who are 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 except that this exemption
shall apply solely to the massaging of the neck, face, scalp and hair
of the customer or client for cosmetic or beautifying purposes.
A.
Every applicant for a license to maintain, operate,
or conduct a massage establishment shall file an application under
oath with the Code Enforcement Officer upon a form provided by the
Code Enforcement Officer and pay a nonrefundable annual license fee,
which shall be as set from time to time by resolution of the Board
of Supervisors. The current list of fees is on file in the Township
office.[1] Each application shall contain the following information:
(1)
A definition of the services to be provided.
(2)
The location, mailing address and all telephone numbers
where the business is to be conducted.
(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).
(a)
If the applicant is a corporation, the names
and residence addresses of each of the officers and directors of said
corporation and of each stockholder owning more than 10% of the stock
of the corporation, and the address of the corporation itself, if
different from the address of the massage establishment.
(4)
Proof that the applicant is at least 18 years of age.
(5)
Individual or partnership applicant's height, weight,
color of eyes and hair, and sex.
(6)
Copy(ies) of identification, such as driver's license
and social security card.
(7)
One portrait photograph of the applicant. If the applicant
is a corporation, one portrait photograph at least two inches by two
inches of all officers and managing agents of said corporation. If
the applicant is a partnership, one portrait photograph at least two
inches by two inches of each partner, including all limited partners
in said partnership.[3]
(8)
Business, occupation, or employment of the applicant
for the three years immediately preceding the date of application.
(9)
The massage or similar business license history of
the applicant; whether such person, in previously operating in this
or another Township or state, has had a business license revoked or
suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(10)
All criminal convictions, other than summary
traffic violations, including the dates of convictions, nature of
the crimes and place convicted.
(11)
The name and address of each massagist who is
or will be employed or operating in said establishment.
(12)
Applicant must furnish a diploma or certificate
of graduation from a recognized school or other institution of learning
wherein the method, profession and work of massage is taught, provided,
however, that if the applicant will not himself engage in the practice
of massage as defined herein, he need not possess such diploma or
certificate of graduation from a recognized school or other institution
of learning wherein the method, profession and work of massage is
taught.
(13)
The name and address of any massage business
or other establishment owned or operated by any person whose name
is required to be given in Subsection C wherein the business or profession
of massage is carried on.
(14)
A description of any other business to be operated
on the same premises or on adjoining premises owned or controlled
by the applicant.
(15)
Authorization for the Township, its agents and
employees to seek information and conduct an investigation as to the
truth of the statements as set forth in the application and the qualifications
of the applicant for the license.
(16)
Such other identification and information necessary
to discover the truth of the matters hereinbefore specified as required
to be set forth in the application.
(17)
The names, current addresses and written statements
of at least three bona fide permanent residents of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the
Township, then the county, then the Commonwealth of Pennsylvania,
and lastly from the rest of the United States. These references must
be persons other than relatives or business associates.
(18)
Written declaration by the applicant, under
penalty of perjury, that the foregoing information contained in the
application is true and correct, said declaration being duly dated
and sworn to by the applicant.
B.
Upon the completion of the above provided form and
the furnishing of all of the foregoing information the Code Enforcement
Officer shall accept the application for the necessary investigations.
The holder of a massage establishment license shall notify the Code
Enforcement Officer of each change in any of the data required to
be furnished by this section within 10 days after such change occurs.
Application for a massagist's permit shall be
made to the Code Enforcement Officer in the same manner as provided
above for massage establishment licenses, accompanied by an annual
nonrefundable massagist's permit fee as set from time to time by resolution
of the Board of Supervisors. The current list of fees is on file in
the Township office.[1] The application shall contain but not be limited to the
following:
A.
The business address and all telephone numbers where
the massage is to be practiced by the applicant.
B.
Name and residence address, and all names, nicknames
and aliases by which the applicant has been known, including the two
previous addresses immediately prior to the present address of the
applicant.
C.
Social security number, driver's license number, if
any, and date of birth.
D.
Applicant's weight, height, color of hair and eyes,
and sex.
E.
Written evidence that the applicant is at least 18
years of age.
F.
A complete statement of all convictions of the applicant
for any felony or misdemeanor or violation of a local ordinance, except
summary traffic violations.[2]
G.
Two front-face portrait photographs taken within 30
days of the date of application at least two inches by two inches
in size.
H.
The name and address of the recognized school attended,
the dates attended and a copy of the diploma or certificate of graduation
awarded to the applicant showing the applicant has completed not less
than 70 hours of instruction. For persons presently employed as a
masseur or masseuse in the Township, this section shall not apply
until 30 days from the effective date of this chapter; present employment
shall be established by sworn affidavit from the employer; after which
time such person must be actively engaged, enrolled, or participating
in a course of study designed to fulfill the requirements of this
section and which is certified to by an official of the approved school.
The burden of establishing such active engagement, enrollment or participation
shall be upon the person seeking a permit herein. For persons not
so employed, this section shall be effective upon passage, and permits
for any persons shall be revoked as of 30 days from the effective
date of this chapter, unless those persons presently employed are
pursuing the course of study set forth above by that date. In no event
shall any person within the purview of this chapter act as aforesaid
without satisfying the training requirements set forth herein within
the Township.
I.
The massage or similar business history and experience
five years prior to the date of application, including but not limited
to whether or not such person in previously operating in this or another
Township, borough, city or state under license or permit has had such
license or permit denied, revoked, or suspended and the reasons therefor,
and the business activities or occupations subsequent to such action
of denial, suspension or revocation.[3]
J.
A medical certificate signed by a physician, licensed
to practice in the Commonwealth of Pennsylvania, within seven days
of the date of the application. The certificate shall state that the
applicant was examined by the certifying physician and that the applicant
is free of communicable disease. The additional information required
by this subsection shall be provided at the applicant's expense.
K.
Such other information, identification and physical
examination of the person deemed necessary by the Code Enforcement
Officer in order to discover the truth of the matters hereinbefore
required to be set forth in the application.
L.
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 permit.
M.
Written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly dated and sworn to
by the applicant.
The Code Enforcement Officer shall issue a license
for a massage establishment or a permit for a masseur or masseuse
if all requirements for a massage establishment or massagist permit
described in this chapter are met, unless he finds that:
A.
The correct permit or license fee has not been tendered
to the Township, and, in the case of a check or bank draft, honored
with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted,
would not comply with all applicable federal, state and local laws,
ordinances or regulations.
C.
Applicants convicted of offenses.
(1)
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation, any of the
officers and directors, if the applicant is a corporation; or any
of the partners, including limited partners, if the applicant is a
partnership; or the holder of any lien, of any nature, upon the business
and/or the equipment used therein; and the manager or other person
principally in charge of the operation of the business, have been
convicted of any of the following offenses or convicted of an offense
without the Commonwealth of Pennsylvania that would have constituted
any of the following offenses if committed within the Commonwealth
of Pennsylvania:
(2)
The Code Enforcement Officer may issue a license or permit to any applicant convicted of any of the crimes described in Subsection C(1)(a), (b) or (c) of this section if he finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any crime mentioned in this section.
D.
The applicant has knowingly made any false, misleading,
or fraudulent statement of fact in the permit application or in any
document required by the Township in conjunction therewith.
E.
The applicant has had a massage business, masseur,
or other similar permit or license denied, revoked, or suspended by
the Township or any other state or local agency within five years
prior to the date of the application.
F.
The applicant, if an individual, or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business, is not over the age of 18 years.
The Code Enforcement Officer shall act to approve
or deny an application for a license or permit under this chapter
within a reasonable period of time, and in no event shall the Code
Enforcement Officer act to approve or deny said license or permit
later than 60 days from the date that said application was accepted
by the Code Enforcement Officer. Every license or permit issued pursuant
to this chapter shall terminate at the expiration of one year from
the date of its issuance unless sooner suspended or revoked.
Should any massage business have more than one
location where the business of massage is pursued, then a permit for
each location, stating both the address of the principal place of
business, and of the other location(s), shall be issued by the Code
Enforcement Officer upon the tender of the required license fee for
each such location. Licenses issued for other locations shall terminate
on the same date as that of the principal place of business, regardless
of the date of issuance.
The licensee or person designated by the licensee
of a massage establishment shall maintain a register of all persons
employed at any time as masseurs or masseuses and their respective
permit numbers. Such register shall be available at the massage establishment
to representatives of the Township during regular business hours.
Any license issued for a massage establishment
may be revoked or suspended by the Code Enforcement Officer after
notice and opportunity for hearing, for good cause, or in any case
where any of the provisions of this chapter have been violated or
where any employee of the licensee, including a masseur or masseuse,
is engaged in any conduct which violates any state or local laws or
ordinances at licensee's place of business and the licensee has actual
or constructive knowledge thereof by due diligence. Such permit may
also be revoked or suspended after notice and opportunity for hearing
in the event that the Code Enforcement Officer determines that such
business is being managed, conducted or maintained without regard
to proper sanitation and hygiene.
A masseur or masseuse permit may be revoked
or suspended by the Code Enforcement Officer where it appears that
the masseur or masseuse has been convicted of any offense which would
be cause for denial of a permit upon an original application, has
made a false statement on an application for a permit, or has committed
an act in violation of this chapter.
No license to conduct a massage establishment
shall be issued unless an inspection by the Code Enforcement Officer
reveals that the establishment complies with each of the following
minimum requirements:
A.
Construction of rooms used for toilets, tubs, steam
baths and showers shall be made waterproof with waterproofed materials.
B.
The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
C.
Closed cabinets shall be provided and used for the
storage of clean linen, towels and other materials used in connection
with administering massages. All soiled linens, towels and other materials
shall be kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas.
D.
Toilet facilities shall be provided in convenient
locations. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each 10 or more employees or patrons of that sex on the premises at
any one time. Urinals may be substituted for water closets after one
water closet has been provided. Toilets shall be designated as to
the sex accommodated therein.
E.
Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room or
a vestibule. Lavatories or washbasins shall be provided with soap
and a dispenser and with sanitary towels.
F.
All electrical equipment shall be installed in accordance
with the requirements of prevailing local electrical codes.
A.
Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
B.
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.
All employees, including masseurs and masseuses, shall
be clean and wear clean, nontransparent outer garments, covering,
at a minimum, the sexual and genital areas. A separate dressing room
for each sex must be available on the premises with individual lockers
for each employee. Doors to such dressing rooms shall open inward
and shall be self-closing.
D.
All massage establishments shall be provided with
clean, laundered sheets and towels in sufficient quantity and which
shall be laundered after each use thereof and stored in a sanitary
manner.
E.
No massage establishment granted a license under the
provisions of this chapter shall place, publish or distribute or cause
to be placed, published or distributed any advertisement, picture,
or statement which is known or through the exercise of reasonable
care should be known to be false, deceptive or misleading in order
to induce any person to purchase or utilize any massage services.
No person shall permit any person under the
age of 18 years to come or remain on the premises of any massage business
establishment as masseur, employee, or patron.
No person shall sell, give, dispense, provide
or keep, or cause to be sold, given, dispensed, provided or kept,
any alcoholic beverage on the premises of any massage establishment.[1]
No person shall employ as a massagist any person
unless said employee has obtained and has in effect a current, valid
permit issued pursuant to this chapter.
The Code Enforcement Officer or his authorized
representative(s) shall from time to time make inspection of each
massage establishment for the purpose of determining that the provisions
of this chapter are fully complied with. It shall be unlawful for
any permittee to fail to allow such inspection officer access to the
premises or hinder such officer in any manner.
A.
It shall be unlawful for any person in a massage establishment
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 a sexual or
genital part of any other person.
B.
It shall be unlawful for any person in a massage establishment
to expose his or her sexual or genital parts, or any portion thereof,
to any other person. It shall also be unlawful for any person in a
massage parlor to expose the sexual or genital parts, or any portions
thereof, of any other person.
C.
It shall be unlawful for any person, while in the
presence of any other person in a massage establishment, 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 person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee, or any other person under his control or supervision to perform such acts prohibited in Subsections A, B or C of this section.
E.
It shall be unlawful for any person to administer massage on an outcall basis as defined in § 104-2. All persons who are subject to the provisions of this chapter shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a customer or client who, because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the customer or client, and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said client or customer, shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by the Code Enforcement Officer.
F.
It shall be unlawful for any massage service to be
carried on within any cubicle, room, booth, or any area within a massage
establishment which is fitted with a door capable of being locked.
All doors or doorway coverings within a massage establishment shall
have an unobstructed opening six inches by six inches in size capable
of clear two-way viewing into and out of all cubicles, rooms, or booths.
The opening shall be not less than 4 1/2 feet from the floor of the
establishment nor more than 5 1/2 feet from the floor. Toilets and
cubicles used solely for the application of liquid and vapor baths
shall have no such opening in the covering door or curtain, but shall
be clearly marked as to purpose on the exterior door or curtain of
said cubicle, room or booth.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in § 104-7, provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee may continue the business of the massage establishment for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the license.
No person granted a license pursuant to this
chapter shall operate the massage establishment under a name not specified
in his license, nor shall he conduct business under any designation
or location not specified in his license.
No license or permit shall be transferable except with the prior written consent of the Code Enforcement Officer. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in §§ 104-5 and 104-6. The written application for such transfer shall contain the same information as required herein for initial application for the license or permit.
Every person, except those persons who are specifically
exempted by this chapter, whether acting as an individual owner, employee
of the owner, operator or employee of the operator, or whether acting
as a mere agent or independent contractor for the owner, employee
or operator, or acting as a participant or worker in any way directly
or indirectly, who gives massages or operates a massage establishment
or any of the services defined in this chapter, without first obtaining
a license or permit as required herein, or who shall violate any provisions
of this chapter, shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
A.
If any section, subsection, sentence, clause, phrase
or portion of this chapter is for any reason held invalid or unconstitutional
by any Court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
B.
All ordinances in conflict herewith are hereby repealed.
C.
This chapter shall be in full force and effect from
and after its effective date; provided, however, that any person,
partnership, corporation or association engaged in the operation of
a massage establishment and every person engaged in the business or
profession of massage at the time of the effective date of this chapter
shall have 60 days in which to comply with the provisions of this
chapter prior to the commencement of any enforcement proceedings hereunder.
[Added 3-6-2003 by Ord. No. 2003-01]
A.
A massage establishment, when otherwise qualified to be operated as a home occupation (see Franklin Township Zoning, Chapter 175, for home occupation requirements), may be established and operated as such when the requirements of this chapter have also been met, as amended herein.
B.
A massage establishment, when operated as a home occupation,
shall not have any employees and only one masseuse. The masseuse must
be a full-time, permanent resident of the home in which the home occupation
is conducted. Due to these limitations, the following sections, subsections,
or parts of sections of this chapter are amended or abrogated as applicable
to a massage establishment as a home occupation:
(2)
Section 104-5A(11) is not applicable.
(3)
