[HISTORY: Adopted by the Borough Council of the Borough of Marcus
Hook 7-7-1980 by Ord. No. O-80-8. Amendments
noted where applicable.]
For the purpose of this chapter, the following definitions of terms
shall apply:
The act or art of treating the body by rubbing, kneading or the like
to stimulate circulation and/or to increase suppleness or for any other purpose.
A man who provides massage.
A woman who provides massage.
No person shall operate any premises used in the massage business unless
he has obtained a premises license for each establishment from the Department
of Public Health of the Borough of Marcus Hook.
No person shall engage in the business of or be employed as a masseur
or masseuse unless he or she has first obtained an operator's license from
the Department of Public Health of the Borough of Marcus Hook.
A.
Each application for a premises license or an operator's
license shall set forth on forms provided by the Department of Public Health
the following information:
(1)
Premises license.
(a)
A definition of service to be provided.
(b)
The address where it is proposed to conduct the business
for which application is made.
(c)
The name, local and permanent addresses and local telephone
number of each applicant.
(d)
If the applicant is a corporation, the state of corporation,
the names and residence addresses of each of the officers and directors of
the corporation and of each stockholder owning more than 10% of the stock
of the corporation, and the address of the corporation itself if different
from the address of the massage establishment.
(e)
If the applicant is a partnership, the names and residence
addresses of each of the partners, including limited partners, and the address
of the partnership itself if different from the address of the massage establishment.
(f)
A photograph, at least two by two inches in size, showing
the head and shoulders of the applicant in a clear and distinguishing manner.
(g)
A description, including height, weight, age, date of
birth, color of hair and eyes and other distinguishing physical characteristics,
of the applicant.
(h)
A statement indicating whether the applicant has ever
been licensed to practice or carry on the same business and, if so, when and
where it was last practiced or carried on.
(i)
A statement that the applicant has never been convicted
of any crime, motor vehicle laws excepted, or convicted of violation of any
municipal code or ordinance. If so convicted, the nature of the offense and
the punishment or penalty imposed.
(j)
The number of rooms to be occupied by the business, together
with a drawing of the interior arrangement and a list of the proposed equipment
with a brief description of each piece of proposed equipment.
(k)
The name and address of each massager who is or will
be employed in the establishment, together with a statement of his or her
individual qualifications and the name and address of the last place of business
where each individual worked.
(2)
Operator's license.
(a)
Name, home address and telephone number.
(b)
A photograph, at least two by two inches in size, showing
the head and shoulders of the applicant in a clear and distinguishing manner.
(c)
A description, including height, weight, age, date of
birth, color of hair and eyes and other distinguishing physical characteristics,
of the applicant.
(d)
A statement indicating whether the applicant has ever
been licensed to practice or carry on the same business and, if so, when and
where it was last practiced or carried on.
(e)
A statement that the applicant has never been convicted
of any crime, motor vehicle laws excepted, or convicted of violation of any
municipal code or ordinance. If so convicted, the nature of the offense and
the punishment or penalty imposed.
(f)
The names and addresses of previous employers for a period
of three years preceding the date of application.
B.
The aforesaid requirements concerning the submission
of information by an applicant shall be deemed to be continuing so as to require
a licensee to update the information contained in the licensee's application
within 10 days of the occurrence of an event which would alter the facts submitted
by the licensee in the application.
A.
No person shall engage in the business of or be employed
as one who applied tattoos or the like to any other person.
B.
Any person violating the provisions of this section shall be punished as provided in § 129-9 and, in addition to any such penalty, it shall be the duty of the Director of the Department of Public Health to revoke any premises license of the establishment which may have been issued with regard to the other provisions of this chapter.
The applicant for a premises license shall pay an annual fee of $250.
The applicant for an operator's license shall pay an annual license fee of
$100.
A.
No person employed or engaged in the business of a masseur
or masseuse shall treat a person of the opposite sex.
B.
Any person violating the provisions of this section shall be punished as provided in § 129-9 and, in addition to such penalty, it shall be the duty of the Director of the Department of Public Health to revoke the premises license of the establishment wherein the provisions of this section have been violated.
The provisions of this chapter shall not apply to massage treatments
given:
A.
In the office of a licensed physician, osteopath, chiropractor
or a physical therapist.
B.
In a regularly established medical center, hospital,
sanatorium, nursing home or convalescent center.
C.
In a residence of a person under a licensed physician's
care by the direction of the licensed physician.
[Amended 9-6-1988 by Ord. No. O-88-5,
approved 9-6-1988]
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punishable for each offense by a fine of up to the
maximum amount provided from time to time by state statute.
