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.
APPLICANT
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.
EMPLOYEE
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.
MASSAGE
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.
MASSAGIST
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).
PATRON
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.
PERSON
Includes any individual, partnership, firm, association, joint-stock
company, corporation, limited liability company, or combination of individuals
of whatever form or character.
PROSTITUTION
Engaging in sexual activity for consideration, including:
A. The fondling or other erotic touching of human genitals,
pubic region, buttocks or female breast;
B. Acts of human masturbation, sexual intercourse, or sodomy;
or
C. Homosexual and other deviate sexual relations.
SEXUAL OR GENITAL AREA
Genitals, pubic area, buttocks, anus, or perineum of any person,
or the vulva or breasts of a female.
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 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.
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.