[HISTORY: Adopted by the Board of Supervisors
of the Township of Chadds Ford 7-18-2002 by Ord. No. 64P. Amendments noted where applicable.]
The Board of Supervisors of Chadds Ford Township,
Delaware County, Pennsylvania, finds that massage establishments used
for the purposes of prostitution are detrimental to the health, safety,
morals and general welfare of Chadds Ford Township.
As used in this chapter, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
Any school wherein the method, profession, and work of massage
is taught, which furnishes a statement of courses offered, including
anatomy and physiology, is accredited by a state unit of educational
accreditation or by the American Massage and Therapy Association,
and furnishes a certificate or diploma of successful completion of
such course of study or learning.
Any person applying for a license to render massage service,
or to operate a massage establishment, and in addition thereto shall
include and mean all partners in a partnership and all stockholders
or members of a corporation or limited liability company where the
controlling interest of the entity is held by five or fewer persons
or legal entities.
Any person over 18 years of age, other than a massagist,
who renders any service in connection with the operation of a massage
establishment and receives compensation from the operator of the massage
establishment or patrons.
The manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, by hand, mechanical device, or other means.
Any business establishment which provides the services of
massage, unless such business establishment is operated by a licensed
medical practitioner, chiropractor or professional physical therapist
licensed by the Commonwealth of Pennsylvania in connection with a
professional practice.
Any person trained at an accredited school, who, for any
consideration whatsoever, engages in the practice of massage as defined
herein (also a "masseur" or "masseuse").
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give other consideration therefor.
Any individual, partnership, firm, association, joint stock
company, corporation, limited liability company, or combination of
individuals of whatever form or character.
Engaging in sexual activity for consideration, including:
Genitals, pubic area, buttocks, anus or perineum of any person,
or the vulva or breasts of a female.
No person shall engage in, carry out or provide
or perform the business of massage except in a massage establishment
duly licensed under the provisions of this chapter. Existing massage
establishments shall submit applications for a massage license hereunder
within 60 days of enactment of this chapter.
A.
The provisions of this chapter shall not apply to
the following individuals while engaged in the personal performance
of the duties of their respective professions:
(1)
Physicians, surgeons, chiropractors, osteopaths, or
physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Pennsylvania.
(2)
Nurses who are registered under the laws of the Commonwealth
of Pennsylvania.
(3)
Barbers and beauticians who are duly licensed under
the laws of the Commonwealth of Pennsylvania, except that this exemption
shall apply solely to the massaging of the neck, face, scalp and hair
of the customer or client for cosmetic or beautifying purposes.
(4)
Athletic trainers.
B.
In any prosecution for violation of this chapter,
the foregoing exemptions shall constitute affirmative defenses and
it shall be incumbent upon the defendant to show that he or she and
any establishment involved are not subject to the provisions of this
chapter. Nothing herein shall be deemed to shift the burden of proof
of the violation to the defendant.
A.
Every applicant for a license to establish, maintain,
operate or conduct a massage establishment shall file an application,
under oath, with the Township and pay a nonrefundable annual license
fee which shall be determined by the Board of Supervisors from time
to time by resolution. The application shall at a minimum provide
the Township with the following information:
(1)
A detailed description of the services to be provided.
(2)
The location, mailing address and all telephone numbers
where the massage establishment is to be conducted.
(3)
The name and residence address of each applicant.
(a)
If the applicant is a corporation or limited
liability company, the name and residence address of each of the officers,
directors and members/shareholders, together with the address of the
corporation if different from the address of the massage establishment.
(b)
If the applicant is a partnership (limited or
general), the name and residence address of each of the partners and
the address of the partnership itself if different from the address
of the massage establishment.
(4)
The two previous addresses immediately prior to the
address of the proposed massage establishment.
(5)
Proof that the applicant, if an individual, is at
least 18 years of age.
(6)
The height, weight, hair and eye color and gender
of any individual applicant.
(7)
Copy of written identification, such as a driver's
license or social security card.
(8)
One front-face (portrait), two-inch-by-two-inch photograph
of the applicant, including a photograph of all officers, directors,
partners, members, and managing agents of any business entity applicant.
(9)
Business, occupation, or employment of the applicant
for the three years immediately preceding the date of application.
(10)
The massage or similar business license history of
the applicant; whether such person, in previously operating in this
or another township or state, has had a business license revoked or
suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(11)
All criminal convictions for sexual offenses, including
the date of conviction, nature of the crimes and place convicted.
(12)
The name and address and one front-face (portrait),
two-inch-by-two-inch photograph of each massagist who is or will be
employed in the proposed massage establishment.
(13)
The diploma, certificate or other documentation evidencing
that each massagist has successfully completed the curricula of an
accredited school.
(14)
The name and address of any massage establishment
or other business owned or operated by any person whose name is required
hereunder wherein the business or profession of massage is carried
on.
(15)
A description of any other business proposed to be
operated on the same premises or adjoining premises owned or controlled
by the applicant.
(16)
Authorization for the Township, its agents, and employees
to seek information and conduct investigations into the truth of the
statements and qualifications of the applicant contained in the application.
(17)
Such other identification and information as may be
reasonably required by the Township.
B.
The application shall not be accepted by the Township
until all required information has been provided to the Township and
all required fees have been paid. Any change in any of the information
provided hereunder must be submitted to the Township within 10 days
of said change.
The Township shall issue a license for a massage
establishment after approval by the Board of Supervisors, but only
after all requirements for a massage establishment or massagist permit
have been met.
The Township shall act to approve or deny an
application for a license hereunder within a reasonable period of
time and in no event shall the Township act to approve or deny the
license later than 90 days from the date said application is accepted
by the Township. Every license issued under this chapter shall expire
one year from the date of issuance, unless sooner suspended or revoked.
Every license granted hereunder shall be conspicuously
posted at or near the interior entrance to the massage establishment.
The licensee or person designated by the licensee
of a massage establishment shall maintain a written register of all
persons employed at any time at the massage establishment, including,
but not limited to, all massagists. Such register shall be available
for inspection at the massage establishment during regular business
hours.
Any license issued for a massage establishment
may be revoked or suspended by the Board of Supervisors after notice
and a hearing, for good cause, or in any case where any of the provisions
of this chapter are violated or where any employee of the licensee,
including any massagist, is engaged in any conduct which violates
any state or local laws or ordinances.
All employees, including massagists, shall wear
clean, nontransparent outer garments, covering all sexual or genital
areas. Name tags for employees and all massagists shall be worn and
visible at all times.
No person under the age of 18 shall be permitted
in or on the premises of a massage establishment, unless on lawful
business.
No massage establishment shall operate between
the hours of 10:00 p.m. and 8:00 a.m.
The Township or its authorized representatives
may from time to time make inspection of each massage establishment
for the purpose of determining compliance with this chapter.
A.
It shall be unlawful for any person not a massagist
to perform, provide or engage in a massage with any person in a massage
establishment.
B.
It shall be unlawful for any person in a massage establishment
to engage in prostitution.
C.
It shall be unlawful for any massagist or other person
in a massage establishment to place his or her hand or hands upon,
to touch with any part of his or her body, to fondle in any manner,
or to massage a sexual or genital area of any other person.
D.
It shall be unlawful for any person in a massage establishment
to expose his or her sexual or genital parts, or any portion thereof,
to any other person. It shall also be unlawful for any person in a
massage establishment to expose the sexual or genital area, or any
portion thereof, of any other person.
E.
It shall be unlawful for any person, while in the
presence of any other person in a massage establishment, to fail to
conceal with a fully opaque covering the sexual or genital area of
his or her body.
F.
It shall be unlawful for any person owning, operating
or managing a massage establishment knowingly to 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 by this section.
G.
It shall be unlawful for any person to knowingly allow
any massage establishment to be used in violation of this chapter.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void, except as approved as provided in § 87-5. No license granted under this chapter shall be transferable.
A.
The holder of a license to operate a massage establishment
shall post at every entrance available to massage patrons the following
notice:
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NOTICE
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IT SHALL BE UNLAWFUL FOR ANY PERSON TO PATRONIZE
THIS MASSAGE ESTABLISHMENT IF THIS MASSAGE ESTABLISHMENT IS KNOWN
BY SUCH PATRON TO BE IN VIOLATION OF CHAPTER 87 OF THE CODE OF THE
TOWNSHIP OF CHADDS FORD, DELAWARE COUNTY, PENNSYLVANIA; A COPY OF
SAID CHAPTER IS POSTED HEREIN AND WILL BE MADE AVAILABLE TO ANY PATRON
UPON REQUEST.
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B.
This notice shall be capitalized and in not less than
72 point type and shall be posted by the holder of a license to operate
a massage establishment in a conspicuous place at or near every entrance
to said establishment. Copies of this chapter shall be kept on the
premises and shall be made available to any massage patron upon request.
For each and every violation of this chapter,
the violator, upon conviction by the Magisterial District Judge, shall
be guilty of a summary offense and subject to a fine of not more than
$1,000 and/or imprisonment for a term not to exceed 90 days.
