This chapter shall provide for the regulating
and licensing of the operation of human body massage in Carroll Township,
Perry County, Pennsylvania.
The people and citizens of the Township of Carroll
acting by and through their duly elected governing body, the Board
of Supervisors, are aware that the practice of body massage under
certain circumstances can scientifically promote physical well-being
by relieving and relaxing muscle tension, stimulating vascular circulation
which enhances the disposition of waste products generated by muscular
exercise, and assisting in the development of muscle tone through
a form of passive exercise. It is further recognized that the physical
contact involved in such practice can provide a source of communication
of disease for which the health and safety of the community requires
local government control and supervision. This Board further recognizes
that various businesses operating under the guise of practicing body
massage, sometimes called "massage parlors," are intended to stimulate
sexual and erotic reactions which this Board believes is contrary
to the morals and welfare of this Township. In addition to regulating
the legitimate and bona fide practice of massage, this Board of Township
Supervisors intends to prohibit and prevent the abuse of said practice
for sexual or erotic stimulation and purposes.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed to them by this
section:
MASSAGE
Any method of pressure on or friction against, stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations
commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
any person, partnership, corporation or association engages in, carries
on, or permits to be engaged in or carried on the practice of massage
as is defined above, but shall exclude licensed hospitals, licensed
nursing homes, medical clinics and the offices and quarters of licensed
health profession practitioners.
MASSAGE TECHNICIAN
Any masseur (male) or masseuse (female) who engages in the
practice of massage for any consideration whatsoever, but shall exclude
persons licensed by the Commonwealth of Pennsylvania to practice healing
arts (i.e., medicine, osteopathy, podiatry, physical therapy, nursing,
chiropractic) and barbers, beauticians and manicurists insofar as
they deal with the head, hands and feet.
PERSON
Any individual, or any firm, partnership, corporation or
other association of individuals or group acting as a unit.
SEXUAL AND GENITAL AREA
The genital organs, pubic area, anus or perineum of any person;
the penis or scrotum of any male person; the vulva, vaginal cavity,
clitoris, or breasts of any female person.
It shall be unlawful for any person to engage
in, conduct or carry on the practice of massage in the Township of
Carroll without first having obtained a massage technician license
from the Zoning Officer.
It shall be unlawful for any person to maintain,
operate or conduct a massage establishment in the Township of Carroll
without first having obtained a massage establishment license from
the Zoning Officer.
Within 30 days after receiving a complete application
for a massage technician license, the Zoning Officer may issue said
license to the applicant unless the said Zoning Officer determines
that the applicant:
A. Is under the age of 18 years; or
B. Has been convicted of or has forfeited bond or bail
on a charge of violating a criminal law or ordinance within five years
immediately preceding the filing of the application involving sexual
misconduct, dishonesty, fraud or deceit; or
C. Is not free from a contagious or communicable disease.
[Amended 12-2-2003 by Ord. No. 51]
No massage establishment shall be issued a permit,
nor be operated, established or maintained in the Township, unless
an inspection by the Zoning Officer reveals that the establishment
complies with each of the following minimum requirements:
A. Construction of rooms used for toilets, tubs, steam
baths and showers shall be made waterproof with approved waterproof
materials and shall be installed in accordance with the appropriate
building code of the Township.
B. All massage tables, bathtubs, shower stalls, steam
or bath areas and floors shall have surfaces which may be readily
disinfected.
C. Adequate bathing, dressing and locker facilities shall
be provided for the patrons to be served at any given time. In the
event male and female patrons are to be served, separate bathing,
dressing, locker and massage room facilities shall be provided.
D. The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
E. Closed cabinets shall be provided and used for the
storage of clean linens, towels and other materials used in connection
with administering massages. All soiled linens, towels and other materials
shall be kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas.
F. Toilet facilities shall be provided in convenient
location. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each 20 or more employees or patrons of that sex on the premises at
any one time. Urinals may be substituted for half of the water closets
for the male patrons after one water closet has been provided. Toilets
shall be designated as to the sex accommodated therein.
G. Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room or
a vestibule immediately adjacent thereto. Lavatories or washbasins
shall be provided with soap and a dispenser and with sanitary towels.
H. The premises shall be equipped with a service sink
for custodial services.
I. The premises shall comply with all building and safety
codes of the Commonwealth of Pennsylvania and this Township.
A massage establishment and each massage technician
shall display their respective valid licenses in a conspicuous place
within the massage establishment in such manner that the same may
be readily seen by persons upon entering the establishment.
All licenses issued hereunder are not transferable.
Said licenses are issued only for a given geographical premises in
the case of a massage establishment license and to a specific person
in the case of a massage technician license.