[HISTORY: Adopted by the Board of Supervisors of the Township of Concord 10-1-2002 by Ord. No. 270. Amendments noted where applicable.]
Adult entertainment — See Ch. 70.
The Board of Supervisors of Concord Township, Delaware County, Pennsylvania, finds that to the detriment of the health, safety, morals and general welfare of the citizens of Concord Township, certain persons attempt to disguise businesses promoting prostitution and related activities as legitimate businesses offering therapeutic massage.
As used in this chapter, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:
- ACCREDITED SCHOOL
- Any school wherein the method, profession, and work of massage is taught, which furnishes a statement of courses offered, including anatomy and physiology, is accredited by a state unit of educational accreditation, or by the American Massage and Therapy Association, and furnishes a certificate or diploma of successful completion of such course of study or learning.
- Any person applying for a license to render massage services or to operate a massage establishment, and in addition thereto shall include all partners in a general or limited partnership and all stockholders or members of a corporation or limited liability company where the controlling interest of the entity is held by five or fewer persons or legal entities.
- Any person over 18 years of age, other than a massagist, who renders any service in connection with the operation of a massage establishment and received any compensation for his or her services.
- The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping by hand, mechanical device, or other means.
- MASSAGE ESTABLISHMENT
- Any business establishment which provides the service of massage, unless such business establishment is operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth of Pennsylvania in connection with a professional medical practice.
- Any person trained at an accredited school, who, for any consideration whatsoever, engages in the practice of massage as defined herein (the terms also includes a masseur or masseuse).
- Any person over 18 years of age who receives massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.
- Includes any individual, partnership, firm, association, joint-stock company, corporation, limited liability company, or combination of individuals of whatever form or character.
- Engaging in sexual activity for consideration, including:
The fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;
Acts of human masturbation, sexual intercourse, or sodomy; or
No person shall engage in, carry out, provide or perform the business of massage except in a massage establishment duly licensed under the provisions of this chapter. Existing massage establishments shall submit applications for the license required by this chapter hereunder, within 60 days of the enactment of this chapter.
The provisions of this chapter shall not apply to the following individuals while engaged in the performance of their respective professions:
Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Pennsylvania;
Nurses who are licensed under the laws of the Commonwealth of Pennsylvania;
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; and
In any prosecution for violations of this chapter, the foregoing exemptions shall constitute affirmative defenses.
Every applicant for a license to establish, maintain, operate or conduct a massage establishment shall file an application, under oath, with the Township and pay a nonrefundable annual license fee, which fee shall be determined by the Board of Supervisors from time to time by resolution. The application shall at a minimum provide the Township with the following information:
A detailed description of the services to be provided;
The location(s) where the massage business will be located, its mailing address and all telephone numbers listed to or providing service or message for the massage establishment;
The name, residence address and phone number of each applicant;
If the applicant is a corporation or limited liability company, the name and residence address of each of the offers, directors and members/shareholders together with the address of the corporation, if different from the address of the massage establishment; and
If the applicant is a partnership (limited or general), the names and residence address and phone numbers of each of the partners and the address of the partnership itself if different from the address of the massage establishment;
The two previous business addresses used by the massage business immediately prior to the proposed Concord Township address of the massage establishment;
Proof that the applicant, if an individual, is at least 21 years of age;
The height, weight, hair and eye color and gender of any individual applicant;
Copy of photographic identification, such as a driver's license or passport of each applicant;
One front-face (portrait) two-inch by two-inch photograph of the applicant, including a photograph of all officers, directors, partners, members, and managing agents of any business entity applicant;
A statement of the business, occupation, or employment of the applicant for the three years immediately preceding the date of the application;
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;
All summary, misdemeanor and felony criminal convictions of each applicant, including the date of each conviction, the nature of the crime and the place convicted;
The name and address and one front-face (portrait) two-inch by two-inch photograph of each massagist who is or will be employed in the proposed massage establishment;.
A copy of the diploma, certificate or other documentation evidencing that each massagist has successfully completed the curricula of an accredited school;
The name and address of any massage establishment or other similar business owned or operated by any person whose name is required hereunder;
A description of any other business proposed to be operated on the same premises or adjoining premises owned or controlled by the applicant;
A signed authorization permitting the Township, its agents, and employees to verify the applicant's information and the qualifications of the applicant as set forth in the application; and
Such other identification and information as may be reasonably required by the Township in order to determine whether to issue the license.
The application shall not be accepted by the Township until all of the above required information has been provided to the Township and all required fees have been paid. Any subsequent change in any of the information provided hereunder must be reported in writing to the Township within 10 days of said change.
The Township shall issue a license for a massage establishment after approval by the Board of Supervisors, but only after all requirements for a massage establishment or massagist permit have been met.
The Township shall act to approve or deny an application for a license hereunder within a reasonable period of time and in no event shall the Township act to approve or deny the license later than 45 days from the date said application is accepted by the Township. Every license issued under this chapter shall expire one year from the date of the issuance, unless sooner suspended or revoked.
Every license granted hereunder shall be conspicuously posted at or near the interior entrance to the massage establishment.
The licensee or person designated by the licensee of a massage establishment shall maintain a written register of all persons employed at any time at the massage establishment, including, but not limited to, all massagists. Such register shall be available for inspection at the massage establishment during regular business hours.
Any license issued for a massage establishment may be revoked or suspended by the Board of Supervisors after notice and a hearing, for good cause, or in any case where any of the provisions of this chapter are violated or where any employee of the licensee, including any massagist, is engaged in any conduct which violates any state or local laws or ordinances.
All employees, including massagists, shall wear clean, nontransparent outer garments, covering all sexual or genital areas. Name tags for employees and all massagists shall be worn and visible at all times.
No person under the age of 18 shall be permitted in or on the premises of a massage establishment, unless on lawful business.
No massage establishment shall operate between the hours of 10:00 p.m. and 8:00 a.m.
The Township or its authorized representatives may from time to time make inspection of each massage establishment for the purpose of determining compliance with this chapter.
It shall be unlawful for any person, not a massagist, to perform, provide or engage in a massage with any person in a massage establishment.
It shall be unlawful for any person in a massage establishment to engage in prostitution.
It shall be unlawful for any massagist or other 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 area of any other person.
It shall be unlawful for any person in a massage establishment to expose his or her sexual genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person in a massage establishment to expose the sexual or genital area, or any portion thereof, of any other person.
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 area of his or her body.
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 such person under his control or supervision to perform any act or acts prohibited by this chapter.
It shall be unlawful for any person to knowingly allow any massage establishment to be operated in violation of this chapter.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall immediately become null and void, except as approved as provided in § 120-5. No license granted under this chapter shall be transferrable.
For each and every violation of this chapter, upon conviction by the District Justice, an individual or person shall be guilty of a summary offense and be subject to a fine of not more than $1,000.