It is intended that the regulations applicable to massage, massage therapy,
reflexology, bodywork and spa services address any potential effects which
may be detrimental to the public welfare, and to protect and preserve the
quality of the Borough's neighborhoods and commercial districts and the
quality of life in the Borough, the Borough's retail trade, to maintain
property values, to reduce the incidence of unlawful activity and to promote
and protect generally the health, safety and welfare of the citizens of and
those who come to work and visit in the Borough. The provisions of this chapter
have neither the purpose of nor shall they effect a restriction on the access
to legitimate therapeutic massage and spa services.
As used in this chapter, except where the context clearly indicates
otherwise, the following words or phrases shall have the meanings indicated
as follows:
APPLICANT
A person who is required to file an application for permit or license
under this chapter, including an individual owner, manager, partner, officer
of a corporation, or any other operator, manager, employee or agent of a massage
or spa business.
EMPLOYEE
Every owner, partner, manager, supervisor, or other worker, whether
paid or not, who renders services of any nature in the conduct of a massage
business establishment or similar use as herein. For purposes of this chapter,
it shall be a rebuttable presumption that every person who renders services
of any nature in the conduct of a massage or spa business is an employee of
such business.
HEALTH INSPECTOR
The Borough of Coopersburg's Health Inspector who shall be responsible
for enforcement of this chapter.
MASSAGE BUSINESS or MASSAGE ESTABLISHMENT or MASSAGE THERAPY ESTABLISHMENT
Any location where any person, firm, association or corporation is
engaged in or carries on or permits to be engaged in or carried on any of
the activities or services mentioned in this chapter for the public, including
any activity which involves any combination of massage services, reflexology,
spa services and bathhouse, and which is not a medical or related health facility
subject to the jurisdiction, licensure and inspection of any state board or
commission.
MASSAGE or MASSAGE THERAPY or MASSAGE SERVICES
Any method of pressure on or friction against or effurage, kneading,
rubbing, tapping, range of motion, pounding, vibrating or stimulating of the
head, body or parts of the head or body by another, with or without the aid
of any mechanical electrical apparatus or appliances and 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, including but not limited to the practice or reflexology.
MASSAGE PRACTITIONER(S)
Any person who is licensed by the Borough of Coopersburg to engage
in and offer to the public the practice of massage, massage therapy or massage
services as herein defined (including but not limited to subcontractors, subtenants
or temporary employees), and who shall have received a diploma or certificate
from a massage school, as defined herein, certifying completion of a massage
therapy program which consists of not less than 200 hours of supervised course
work or clinic program with the massage school, or, in the alternative, who
shall be certified by the American Massage Therapy Association Commission
on Massage Therapy Accreditation and Bodywork or by the National Certification
Board for Therapeutic Massage, and who shall comply with the continuing education
requirements of such Board or Commission and who shall have agreed to practice
under the Code of Ethics of such Board or Commission.
MASSAGE SCHOOL
An educational facility which is licensed by the Pennsylvania Department
of Education or similar government sanctioned licensure board or which is
certified by the National Certification Board of Therapeutic Massage or other
recognized accrediting agency, to provide massage therapy and bodywork training.
PATRON
Any person who receives massage, reflexology or spa services under
such circumstances that it is reasonably expected that he or she will pay
money or give any other consideration therefore.
PERMITTEE
The person to whom a massage, massage therapy, reflexology, bodywork
or spa health permit or license is issued.
PERSON
Any individual, firm, association, partnership, co-party, corporation,
limited liability corporation, joint-stock company, joint venture or combination
of the above in whatever form or character.
REFLEXOLOGIST or REFLEXOLOGY PRACTITIONER
Any person who is licensed by the Borough to engage in and offer
to the public the practice of reflexology as herein defined (including but
not limited to subcontractors, subtenants or temporary employees), and who
shall have received a diploma or certificate from a nationally recognized
reflexology school, certifying completion of not less than 200 hours of a
reflexology training program, and who is certified by the American Reflexology
Board or other national recognized certification board for reflexology and
who shall comply with the continuing education requirements of such and who
shall have agreed to practice under the Code of Ethics of such.
REFLEXOLOGY
The practice of applying pressure using thumb, finger and hand techniques
to the feet and hands or other parts of the head or body; the practice of
reflexology is restricted to the feet and hands and shall not include the
use of oils, lotions or creams.
SPA or SPA SERVICES
Any location where any person, firm, association, company or corporation
is engaged in or carries on or permits to be engaged in any activity mentioned
in this chapter, including without limitation any of the following: massage,
reflexology bathing, treatment of any type of the head, body, skin or other
parts of the body and which is not a medical or related health facility or
hair or cosmetology business subject to the jurisdiction, licensure and inspection
of any state board or commission.
SPECIFIED ANATOMICAL AREAS
Includes any of the following: Less than completely and opaquely
covered male or female genitals, pubic region, buttocks and female breast
below a point immediately above the top of the areola; human male genitals
in a discernibly turgid state, even if completely opaquely covered; any device,
costume or covering that simulates any of the body parts described above.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following whether performed directly or indirectly
through clothing or other coverings: Human genitals in a state of sexual stimulation
or arousal; sexual acts, actual or simulated, including sexual intercourse,
masturbation, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus,
sodomy, or other specified sexual activity prohibited by law; fondling or
other erotic touching of human genitals, pubic region, buttocks or female
breast; excretory functions as part of or in connection with any of the other
activities described in this subsection.
STUDENT INTERN or TRAINEE
A person who is and remains enrolled in on at least a part-time basis
a massage or reflexology school (as defined herein) and who has completed
no less than 50 hours of a massage or reflexology curriculum and who, as part
of the curriculum at the massage or reflexology school, is providing massage,
massage therapy, reflexology, bodywork or spa services to the public and who
is and shall at all times be supervised by a massage practitioner.
No massage, massage therapy, reflexology, bodywork and spa facility
shall be issued a permit to be operated, established or maintained in the
Borough unless an inspection by the Building Inspector and Fire Inspector
reveals that the facility complies with each of the following minimum requirements,
in addition to all applicable building, fire and health codes.
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 all applicable building, fire and health
codes.
B. All massage tables, bathtubs, shower stalls 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 that
male and female patrons are to be served simultaneously, 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
massage, reflexology and spa services. 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 linen, 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 locations.
When employees and patrons of different genders are on the premises at the
same time, separate toilet facilities shall be provided for each gender. A
single water closet per sex shall be provided for each 20 or more employees
or patrons of that gender 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 gender 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 meet all applicable building, health
and fire codes and all other applicable laws and regulations.
An applicant whose application for a license has been denied or revoked
may reapply for such license only after a period of not less than one year
has elapsed from the date of such denial or revocation was received by the
applicant, provided, however, that an earlier reapplication may be made if
accompanied by evidence that the ground or grounds for denial of the application
no longer exist.
The provisions of this chapter regulating massage and spa businesses
are not intended to be exclusive, and compliance therewith shall not excuse
noncompliance with any other regulations pertaining to the operation of businesses
as adopted by the Borough.
This chapter shall not be construed to limit the authority of the Borough
of Coopersburg to pursue any and all other remedies and relief that may be
available to it in law or in equity under the laws applicable in any case.
In addition to any other applicable criminal or civil penalty, sanction
or remedial procedure, any person or entity who violates any provision of
this chapter, upon conviction thereof, shall be guilty of a summary offense
and shall be subject to a fine of not less than $300 nor more than $1,000
or a period of imprisonment not to exceed 90 days, or both. Each day's
continuance of a violation shall be considered a separate offense.