The people and citizens of the Borough of Prospect Park, acting by and
through their duly elected governing body, this Borough Council, 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.
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, or 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 the 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 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 OR GENITAL AREA
Includes the genital organs, pubic area, anus or perineum of any
person, the penis or scrotum of any male person; the vulva, vaginal cavity
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 Borough of Prospect Park without first having
obtained a massage technician license from the Borough Secretary.
Within 30 days after receiving a complete application for a massage
technician license, the Borough Secretary may issue said license to the applicant
unless said Borough Secretary determines that the applicant is under the age
of 18 years or 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 is not free from a contagious or communicable disease.
The license of a massage establishment shall be displayed and each massage
technician shall display his or her 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 nontransferable. 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 the massage technician license.
All ordinances or parts of ordinances conflicting with the provisions
of this chapter are hereby repealed to the extent of such conflict.