[HISTORY: Adopted by the City Council of the City of Pottsville 10-11-1977 as Ord. No. 228-77 (Art. 319 of the 1977 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following phrases and words shall have the meanings assigned below, except in those instances when the context clearly indicates a different meaning:
EROGENOUS AREA
The pubic area, penis, scrotum, vulva, perineum or anus.
HEALTH OFFICIAL
The City Health Officer or his duly authorized agent.
MASSAGE
A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument for pay.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the commonwealth, nor barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulder, nor hotels with at least twenty (20) rooms available for transient guests. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual at a massage establishment for pay. This definition shall not be construed to include a physician, surgeon, chiropractor, osteopath, physical therapist or nurse duly licensed by the commonwealth.
PERSON
Any individual, firm, partnership, corporation, company, association or joint-stock association.
It is hereby declared that the Council has found that the unregulated proliferation of massage establishments fosters the spread of communicable diseases and facilitates the use of the premises for lewd displays and prostitution, and therefore, the Council declares that the licensing of massage establishments is required to protect the public health, safety and general welfare.
A. 
No person shall engage in, conduct or carry on a massage establishment unless an application therefor has been approved and a permit issued by the Chief of Police in compliance with this chapter.
B. 
Upon application, the Chief of Police shall issue a temporary massage establishment permit to any applicant who was, upon the effective date of this chapter, the owner or operator of such an establishment in the city. Such temporary permit shall remain in effect for a period of thirty (30) days or until issuance of the permanent permit. If the application for the permanent permit is denied, the temporary permit shall immediately expire and be of no further force and effect.
C. 
Each application for a massage establishment permit shall be accompanied by an investigation fee, no part of which shall be refundable. Such fee shall not be in lieu of and shall be in addition to any permit fee required by this chapter or any business tax required to be paid pursuant to any ordinance of the city. Upon receipt of the application, the Chief of Police shall refer the application to the Code Enforcement Officer, the Fire Chief, the Health Officer and the Zoning Officer, each of whom, within a period of twenty-one (21) days from the date of application, shall review records and make an inspection of the premises proposed to be used as a massage establishment and shall make a written recommendation to the Chief of Police concerning compliance with the law.
[Amended 12-12-1994 by Ord. No. 527]
Every person conducting or engaging in business as a massage establishment shall pay an annual permit fee of $100, which permit must be renewed one (1) year from date of issue. Such fee shall not be in lieu of and shall be in addition to any business tax required to be paid pursuant to any ordinance of the city.
Each application for a massage establishment permit shall be upon a form provided by the Chief of Police and shall be submitted to the Chief of Police. Each such form shall contain the following information:
A. 
A description of the facilities and services to be available on the premises of the proposed establishment.
B. 
The location and mailing address of each applicant.
C. 
The name and residence address of each applicant; if the applicant is an association or partnership, the names and residence addresses of each of the associates or partners; if the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation; if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.
D. 
If the applicant is an individual, all other residences of the applicant for the three-year period immediately prior to the application; if the applicant is an association or a partnership, the names and residence addresses of each associate partner for the three-year period immediately prior to the application; if the applicant is a corporation, all the residences for a three-year period of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.
E. 
If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older; if the applicant is a partnership, written proof that each partner is eighteen (18) years of age or older; if the applicant is a corporation, written proof that each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older.
F. 
If the applicant is an individual, a complete set of the applicant's fingerprints; if the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints; if the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation; if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police or his agent.
G. 
If the applicant is an individual, the business, occupation or employment of the applicant for the three-year period immediately preceding the date of the application; if the applicant is an association or partnership, the business, occupation or employment of each associate or partner for the three-year period immediately prior to the date of the application.
H. 
The history of the applicant in the operation of massage establishments or similar business or occupation, including but not limited to whether or not such person, in previously operating in this or another city or state under license, has had such permit revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
I. 
The criminal record, if any, other than misdemeanor traffic violations, of the applicant; if the applicant is an association or partnership, the criminal record of each associate or partner; if the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the stock of the corporation; if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.
A. 
No massage technician shall administer a massage in a massage establishment without a valid, nonsuspended permit issued pursuant to this chapter.
B. 
Upon application, the Chief of Police shall issue a temporary massage technician permit to any applicant who was, upon the effective date of this chapter, performing the function of a massage technician in the city. Such temporary permit shall remain in effect for a period of thirty (30) days or until issuance of the permanent permit. If a permanent permit is denied, the temporary permit shall immediately expire and shall be of no further force and effect.
Every person conducting or engaging in the administration of massages in a massage establishment shall pay an annual permit fee of twenty-five dollars ($25.), which permit shall be renewed one (1) year from date of issue. The fee shall not be in lieu of and shall be in addition to any business tax required to be paid pursuant to any ordinance of the city. The permittee must submit a certificate to be issued by the Health Officer, and these health certificates shall be valid for twelve (12) months. These certificates shall be issued upon such conditions as the Health Officer may deem reasonable and proper under this chapter.
Each application for a massage technician permit shall be upon a form provided by the Chief of Police. Each such form shall contain the following information:
A. 
The applicant's full name, residence address and residence telephone number.
B. 
The name and address of the massage establishment where the applicant is to be employed and the name of the owner of the same.
C. 
The names and addresses of any and all previous massage establishments where the applicant has been employed as a massage technician.
D. 
The criminal record, if any, other than misdemeanor traffic violations, of the applicant.
E. 
Whether any permit to perform as a massage technician has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation.
F. 
A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his agent.
G. 
Written proof that the applicant is eighteen (18) years of age or older.
A. 
Upon receipt of the application and fee as provided for in the preceding sections, the Chief of Police shall make or cause to be made a thorough investigation of the criminal record of the applicant.
B. 
The Chief of Police shall deny any application for a massage establishment permit or a massage technician permit under this chapter after notice and hearing if the Chief of Police finds that:
(1) 
The applicant [if the applicant is a partnership or association, any partners or members thereof; or if the applicant is a corporation, any officers, directors or shareholders owning ten percent (10%) or more of the capital stock; or if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, any officer, director or shareholder owning ten percent (10%) or more of the capital stock] within the preceding five (5) years has been convicted, pleaded nolo contendere or suffered a forfeiture on a charge of violating any provision included in the Crimes Code of Pennsylvania relating to sexual offenses;
(2) 
The applicant [if the applicant is a partnership or association, any partners or members thereof; or if the applicant is a corporation, any officers, directors or shareholders owning ten percent (10%) of the capital stock; or if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation, any officer, director or shareholder owning ten percent (10%) or more of the capital stock] has been convicted, pleaded nolo contendere or suffered a forfeiture on a charge of violating any section of this chapter relating to massage establishments or a charge of violation of a similar law in any other jurisdiction;
(3) 
The applicant [if the applicant is an association or partnership, any associate or partner thereof; or if the applicant is a corporation, any officer, director or shareholder owning ten percent (10%) or more of the capital stock] is under the age of eighteen (18) years; or
(4) 
The applicant [if the applicant is a partnership or association, any partners or members thereof; or if the applicant is a corporation, any officers, directors or shareholders owning ten percent (10%) or more of the capital stock; or if one (1) or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, any officer, director or shareholder owning ten percent (10%) or more of the capital stock] made a false statement on the application.
C. 
The Chief of Police shall act upon the application within sixty (60) days from the date of the application. Notice of the hearing before the Chief of Police for denial of this application shall be given in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail to the applicant's last known address at least ten (10) days prior to the date set for hearing.
A change of location of a licensed massage establishment may be approved by the Chief of Police, provided that all applicable provisions of this chapter are complied with and a change of location fee of fifty dollars ($50.) has been paid.
A. 
Massage establishment facilities shall be located in a proper zoning district as specified in Chapter 220, Zoning, as amended.
B. 
Massage establishment facilities shall comply with all requirements of the Building Code, as amended. At least one (1) shower for each sex will be required for every five (5) customers. At least one (1) hand basin will be required in each room in which massages are administered. All required facilities will be located within the rental area of the establishment and for the exclusive use of the establishment.
C. 
A recognizable and legible sign shall be posted at the main entrance identifying the premises as a massage establishment.
A. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins and all other physical facilities for the massage establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor cabinets, shower compartments, bathtubs, hand basins and toilet rooms shall be thoroughly cleaned and disinfected at least once each day the business is in operation, and more often as needed.
B. 
Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common or repeated use of unlaundered towels or linens shall be permitted. Cabinets for the storage of clean linen shall be required and shall be kept clean and sanitary.
C. 
No massage establishment shall serve any patron when the skin of the patron is inflamed or erupted unless the patron submits a certificate from a duly licensed physician to the Health Officer stating that such inflammation or eruption is not communicable.
D. 
Every massage technician shall cleanse his or her hands thoroughly with soap and hot running water immediately before serving each patron.
E. 
There will be sanitary toilet facilities required on the same basis as the Plumbing Code.[1] There will be one (1) shower for each sex massaged on the ratio of one (1) to five. There will be a hand basin in each room where the massage is performed. All facilities must be within the rental area of the establishment and for the exclusive use of the establishment, except the drinking fountain and the service sink; however, these must be on the same floor.
[Amended 12-12-1994 by Ord. No. 527]
[1]
Editor's Note: See Ch. 167, Plumbing Standards.
A. 
Every person to whom a massage establishment permit has been granted shall display such permit in a conspicuous place in the massage establishment so that it may be readily seen by persons entering the premises.
B. 
Every person to whom a massage technician permit has been granted shall, while in a massage establishment, display such permit in a conspicuous place in the massage establishment.
C. 
A copy of this chapter shall be displayed in a conspicuous place in the massage establishment so that it may be readily seen and read by persons entering the premises and by employees of the establishment.
The Health Officer, the Code Enforcement Officer, the Fire Chief, the Chief of Police and the Zoning Officer are hereby authorized to enter, examine and survey during business hours any premises in the city for which a massage establishment permit has been issued pursuant to this chapter for the purpose of enforcing the provisions of this chapter and for no other official purposes. This section shall not restrict or limit the right of entry vested in any law enforcement agency.
A. 
No person shall engage in, conduct or carry on a massage establishment without a valid, nonsuspended permit issued pursuant to this chapter.
B. 
No person shall administer a massage in a massage establishment without a valid, nonsuspended permit issued pursuant to this chapter.
C. 
No person in a massage establishment shall place his or her hands upon, touch with any part of his or her body, fondle in any manner or massage an erogenous area of any other person.
D. 
No person in a massage establishment shall expose his or her erogenous area or any portion thereof to any other person, nor shall any person in a massage establishment expose the erogenous area or any portion thereof of any other person.
E. 
No person, while in the presence of any other person in a massage establishment, shall fail to conceal with a fully opaque covering the erogenous area of his or her body.
F. 
No person shall act as a massage technician in any place other than a licensed massage establishment.
G. 
No person owning, operating or managing a massage establishment shall knowingly 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 through F of this section.
A. 
Any massage establishment permit or massage technician permit granted under this chapter shall be revoked by the Chief of Police after notice and hearing if the permittee is a partnership or association or any partner or member thereof, or if the licensee is a corporation, any officer, director or shareholder owning ten percent (10%) or more of its capital stock, who:
(1) 
Has been convicted, pleaded nolo contendere or suffered a forfeiture on a charge of violating any provision of the Crimes Code of Pennsylvania which regulates sexual offenses;
(2) 
Has been convicted, pleaded nolo contendere or suffered a forfeiture on a charge of violating any provision of this chapter relating to massage establishments or on a charge of violating a similar law in any other jurisdiction; or
(3) 
Made a false statement on the application.
B. 
Notice of the hearing before the Chief of Police for revocation of the permit shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be sent by certified mail to the permittee's last known address at least ten (10) days prior to the date set for hearing.
C. 
If the Chief of Police finds that the massage establishment for which the massage establishment permit was issued does not conform to the standards set forth in §§ 144-12 through 144-16 or that the permittee has refused the Chief of Police or other authorized person the right to enter the premises to enforce the provisions of this chapter, the Chief of Police may enter an order for the immediate suspension of the massage establishment permit until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the permittee at his place of business by certified mail, which order shall set forth the reasons for the suspension. The permittee shall be afforded an opportunity to be heard by the Chief of Police within twelve (12) days after the suspension. Notice of hearing shall be sent by certified mail to the permittee's business address at least ten (10) days prior to the date set for hearing. No person shall operate a massage establishment when subject to an order of suspension.
[Amended 12-12-1994 by Ord. No. 527]
Whoever violates any provision of this chapter shall be fined not more than six hundred dollars ($600.), plus costs, or, in default of fine and costs, be imprisoned not more than ninety (90) days.