[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 10-1-2002 by Ord. No. 270. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
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.
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:
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.
SEXUAL OR GENITAL AREA
Homosexual and other deviate sexual relations.
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.
A.
The provisions of this chapter shall not apply to the
following individuals while engaged in the performance of their respective
professions:
(1)
Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective professions
in the Commonwealth of Pennsylvania;
(2)
Nurses who are licensed under the laws of the Commonwealth
of Pennsylvania;
(3)
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
(4)
Athletic trainers.
B.
In any prosecution for violations of this chapter, the
foregoing exemptions shall constitute affirmative defenses.
A.
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:
(1)
A detailed description of the services to be provided;
(2)
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;
(3)
The name, residence address and phone number of each
applicant;
(a)
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
(b)
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;
(4)
The two previous business addresses used by the massage
business immediately prior to the proposed Concord Township address of the
massage establishment;
(5)
Proof that the applicant, if an individual, is at least
21 years of age;
(6)
The height, weight, hair and eye color and gender of
any individual applicant;
(7)
Copy of photographic identification, such as a driver's
license or passport of each applicant;
(8)
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;
(9)
A statement of the business, occupation, or employment
of the applicant for the three years immediately preceding the date of the
application;
(10)
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;
(11)
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;
(12)
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;.
(13)
A copy of the diploma, certificate or other documentation
evidencing that each massagist has successfully completed the curricula of
an accredited school;
(14)
The name and address of any massage establishment or
other similar business owned or operated by any person whose name is required
hereunder;
(15)
A description of any other business proposed to be operated
on the same premises or adjoining premises owned or controlled by the applicant;
(16)
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
(17)
Such other identification and information as may be reasonably
required by the Township in order to determine whether to issue the license.
B.
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.
A.
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.
B.
It shall be unlawful for any person in a massage establishment
to engage in prostitution.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
