As used in this chapter, the following terms shall have the
meanings indicated:
BODY MASSAGE
The application to the human body by the hands or mechanical
apparatus, any touching, stroking, friction, kneading, vibration,
percussion, oil or alcohol rubs, mechanotherapy, hot or cold packs,
heat, cold, salt glows, cabinet, tub, shower, sitz, sauna, vapor,
steam or any other special type of bath.
HEALTH CLUB
Any establishment which offers service in the form of body
massage, baths, exercises or similar services in combination to club
members or to the public for a charge, fee or donation, but shall
exclude hospitals, nursing homes, medical clinics and the office or
quarters of licensed health profession practitioners.
MASSAGE TECHNICIAN
Any masseur (male) and masseuse (female) who administers
body massage to any other person for a charge, fee or donation, but
shall exclude persons licensed by the Commonwealth of Pennsylvania
to practice medicine, chiropractic, osteopathy, podiatry, nursing
and physical therapy and barbers, beauticians and manicurists insofar
as they deal with the head, hands and feet.
PERSONS
Includes a firm, partnership, association of persons, corporation,
organization or any other group acting as a unit.
[Amended 7-8-1997 by Ord.
No. 2042]
No health club or massage technician may operate or practice
within the Municipality of Monroeville without a license to operate
or practice upon proper application to the Municipal Manager and the
fulfillment of the requirements set forth herein and payment of a
fee as provided in 194, Fees, for a health club and as provided in
194, Fees, for a massage technician. Licenses granted under this
chapter shall be renewed yearly and may be revoked for any failure
to comply with this chapter.
No health club shall be granted a license to operate until the
fulfillment of the following:
A. All zoning, building, fire, electrical, plumbing and health codes
applicable to the Municipality of Monroeville shall be complied with.
B. An application for a license shall include the names of all owners,
stockholders and managing personnel, their addresses and occupations
and satisfactory proof that they have not been convicted of any violation
of laws proscribing prostitution, obscenity, indecency or pornography.
C. Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Municipal Manager, which shall include details
of entrances, partitions, windows, openings, ventilation, plumbing
fixtures, water supply and waste and vent connections. Such quarters
must be equipped with separate toilet and lavatory facilities for
patrons and personnel and a service sink for custodial services. No
part of the quarters may be used for or connected with any bedroom
or sleeping quarters.
D. All tables, tubs, shower stalls and floors, with the exception of
reception and administrative areas, shall be of nonporous materials
which may be readily disinfected.
E. Closed containers must be provided for wet towels and waste material.
F. All equipment, shower stalls, toilets, lavatories, tubs, cabinets
and other accoutrements of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
G. As a condition of receiving a license, the owners and operators of
the health club must expressly grant access to health, plumbing, fire,
electrical and other authorized municipal inspectors to any part of
the quarters of the health club for purposes of inspection at all
reasonable times.
H. The health club must require and retain on file certificates of good
health issued by a licensed physician for all employees practicing
any services of the health club. Such certificates shall be renewed
every six months.
I. No health club shall serve any patrons infected with any fungus or
skin infection.
J. All personnel shall wash his or her hands in hot, running water,
using proper soap or disinfectants, before giving any service or treatment
to each separate patron.
K. All towels and tissues and all sheets or other coverings shall be
used singularly for each patron and discarded for laundry or disposal
immediately after use.
L. Nondisposable tools or equipment shall be disinfected after use upon
one patron.
M. The applicant must have a valid lease or title to the quarters which
meet the requirements of this chapter.
N. No body massage shall be provided to the genitals of the patron.
The Municipal Manager may revoke the license of a health club
or massage technician upon satisfactory proof of any of the following:
A. That the license does not meet the licensing requirements of this
chapter.
B. That the licensee has been convicted of prostitution, obscenity,
indecency, promoting prostitution, keeping or maintaining a disorderly
house or related crimes and offenses.
C. That the licensee has diagnosed or treated classified diseases, practiced
spinal adjustments or prescribed medicines.
D. That the licensee is guilty of fraud or willful negligence in the
practice of body massage.
E. That the licensee is a habitual user of narcotics or other drugs.
F. That the licensee has allowed or permitted an unlicensed person to
perform body massage.
G. That the licensee has provided body massage to the genitals of any
patron.
H. That the licensee has violated any of the provisions of this chapter
or other applicable ordinances of the Municipality of Monroeville
or any laws of the Commonwealth of Pennsylvania or any laws of the
United States of America. Any violation by an employee of a health
club or by a massage technician shall be considered a violation by
the health club.
The owner or manager of any health club operating in the Municipality as of the effective date of this chapter may apply for and may be granted by the Municipal Manager a grace period not to exceed six months in order to comply with §
232-3C and
D. With these exceptions, the chapter becomes effective upon all health clubs and proposed health clubs upon enactment.
This chapter shall be administered by the Municipal Manager
or licensing officer appointed by him. An appeal from the denial of
a license or the revocation of a license shall be filed with the Municipal
Manager within 15 days of such action and shall be heard and determined
by the Public Safety Committee of the Municipal Council within 30
days of the filing of the appeal. The applicant or licensee shall
be informed in writing five days prior to the hearing of the reasons
for denial or revocation of the license.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person who violates this chapter shall be guilty of a summary
offense and, upon conviction thereof, shall be sentenced to pay a
fine not exceeding $600, plus costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment for a period not
exceeding 30 days. In addition, any health club which is found to
operate without a current license shall suffer the immediate revocation
of its occupancy permit and shall not be permitted to operate.