[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 12-7-1998 by Ord. No. 1380; amended 2-10-1999 by Ord. No. 1390; 2-12-2001 by Ord. No. 1426 (Title 5, Ch. 11, of the 1977 Code). Subsequent amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them:
- The Director of Code Enforcement of the Township of Upper Moreland or duly authorized representative.
- The rubbing, kneading, stroking, tapping or vibrating of the parts of the human body with the hand or with any instrument.
- MASSAGE BUSINESS
- The administering of a massage in return for the payment
of a fee or other compensation or consideration to the person administering
the massage, either directly or indirectly; provided, however, it
shall not include massages administered by a licensed massage therapist
under the Pennsylvania Massage Therapy Law.[Amended 9-12-2011 by Ord. No. 1601]
- MASSAGE ESTABLISHMENT
- Any place in the Township where massages are administered
for the payment of a fee or other compensation or consideration, but
not including a hospital, nursing home, medical clinic or the office
of a physician, surgeon, physical therapist, massage therapist, chiropractor
or osteopath, currently licensed as such by the Commonwealth of Pennsylvania,
or to include barbershops or beauty salons in which massages are administered
only to the scalp, face, neck or shoulders, or any athletic program
of an accredited junior and senior high schools or college in which
a massage is administered by a trainer within the scope of such athletic
program.[Amended 9-12-2011 by Ord. No. 1601]
- MASSAGE PROVIDER
- Any "massage establishment," as defined herein, or any "massage technician," as defined herein.
- MASSAGE TECHNICIAN
- Any person who administers a massage to another as a part
of a massage business, but not including a physician, surgeon, chiropractor,
osteopath, physical therapist, massage therapist, or nurse, currently
licensed as such by the Commonwealth of Pennsylvania, or any coach
and trainer of an athletic program of an accredited junior and senior
high schools or college in which a massage is administered by such
coach or trainer within the scope of such athletic program.[Amended 9-12-2011 by Ord. No. 1601]
- Any individual, association, firm, partnership, limited partnership, corporation, trust or other legally recognized entity.
- RECOGNIZED SCHOOL
- Any school or educational institution licensed and accredited
to operate as a school or educational institution in the state in
which it is located or any school recognized or approved by the American
Massage and Therapy Association, Inc. or the State Board of Massage
Therapy.[Amended 9-12-2011 by Ord. No. 1601]
- SEXUAL OR GENITAL AREA
- The genitals, pubic area, buttocks, anus or perineum of any person and the vulva and breasts of a female.
- The Township of Upper Moreland, Montgomery County, Pennsylvania.
Editor's Note: See 63 P.S. § 627.1 et seq.
In this chapter, any word used in the singular shall include the plural, and any word used as a plural shall include the singular, and the masculine shall include the feminine and the neuter.
No person shall engage in a massage business (including as a massage technician) unless such person shall possess a valid license issued pursuant to the provisions of this chapter, and no person shall operate a massage establishment at any place within the Township unless a valid license is issued pursuant to the provisions of this chapter for each and every such establishment.
Fee. Any person desiring to obtain a license to engage in a massage business or operate a massage establishment shall submit an application to the Director. A fee in the amount required by the provisions of Chapter 140, Fees, Rates and Permits, of the Township Code, payable to the Township of Upper Moreland, shall accompany the submission of the application to defray the costs of administration and investigation.
Contents. Any person desiring to obtain a license to engage in a massage business or operate a massage establishment shall file a fully completed written application with the Director on a form to be provided by the Director. The application form shall include a criminal release form to enable the Director to investigate the criminal offense history of any applicant.
Editor's Note: The application for a massage establishment license is available in the Township office.
Investigation. Applications for licenses under this chapter shall be referred to the Upper Moreland Police Department, which shall cause an investigation to be made and report the findings to the Director of Code Enforcement. Applicants shall cooperate with any investigation conducted pursuant to the provisions of this chapter and shall permit access to the proposed place of business and facilities in conjunction with such investigation.
Granting of license. Within 60 days of the receipt of an application and fee, the Director shall either grant or deny the license applied for by the applicant. The license shall be granted, provided that:
The proposed massage establishment complies with all applicable ordinances of the Township, including but not limited to the building, fire prevention, and zoning ordinances of the Township.
No person whose name appears on the application, including owners and prospective employees, has been convicted of or entered a plea of guilty to any felony or has pleaded guilty to a felony or has a felony charge currently pending or has forfeited bail or has been convicted of or pleaded guilty to a violation of Section 5902 of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A. § 5902, pertaining to prostitution and related offenses, or any law of any other jurisdiction involving sexual misconduct.
The massage technician or massage establishment, as applicable, applies for and obtains any required business licenses and makes arrangements for the payment of any required business privilege taxes, occupational privilege taxes, or earned income taxes imposed by the Township.
No person shall be licensed as a massage technician unless such person shall have completed a course of study in a recognized school which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires at least 70 hours of course study for the issuance of a diploma or certificate of graduation. In the event that such person was previously licensed to perform massages in the Township not having completed such course of study, at the expiration of such person's current license, such person shall be issued a provisional license for a six-month period for the purpose of enrolling in and completing such course of study.
Each massage establishment shall comply with the following requirements:
The premises shall have adequate equipment for disinfecting instruments and materials used in the administration of massages. Such instruments and materials shall be disinfected after every use.
All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms, bath areas and floors shall have surfaces which may be readily disinfected.
All walls, ceilings, floors, showers, bathtubs, steam rooms, sauna rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. When carpeting is used on the floors, it shall be kept dry.
The premises shall be equipped with a service sink for custodial services.
Each massage establishment shall have a minimum of one shower, one toilet and one washbasin.
If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, toilet facilities, steam rooms and sauna rooms as are provided shall be provided as separate facilities for male and female patrons, and each such separate facility or room shall be clearly marked as such.
Rooms in which massages are to be administered shall have at least 50 square feet of clear floor area and shall maintain a light level of no less than 20 footcandles, as metered at three feet above the surface of the floor (for illustrative purposes only, such light level is equivalent to light from a single 40-watt fluorescent light bulb in a fifty-square-foot room). Lighting in colors other than white shall be prohibited. Such rooms shall contain a door incapable of being locked from either the exterior or the interior.
No stuffed or upholstered furniture or beds and mattresses shall be permitted in rooms in which massage is to be administered. Such rooms shall be equipped with massage tables having a hard surface impervious to liquids, with a width of no more than three feet and a length of no more than eight feet. The surface of such tables shall be positioned at least two feet above the surface of the floor. Such tables may be equipped with either nondisposable pads or coverings or disposable pads or coverings not more than 2 1/2 inches thick. Nondisposable pads or coverings shall be removable, impervious to liquids and cleanable.
Every massage establishment and every massage technician shall comply with the following requirements:
Prohibited conduct. No person employed or engaged in the business of providing massages shall treat or massage a person of the opposite sex. No person other than an employee of the massage establishment shall be permitted to give massages in such massage establishment, and all massage technicians giving massages in any massage establishment shall be licensed as such and shall be deemed to be employees of the massage establishment for all purposes by the Township and shall not be deemed to be independent contractors.
Massage establishments shall commence operations and massages may be administered no earlier than 7:00 a.m. The hours of operations shall extend no later than 11:30 p.m.
A massage establishment shall prominently and publicly display its license on the premises, and each massage technician's license shall be available for inspection. Price rates charged for any and all services shall be prominently posted in the reception area in a location available for view, and no charges may be made other than in accordance with such posted rates.
No person under the age of 18 years of age shall be permitted to enter or remain on the premises or receive any massage.
Massage establishments shall at all times be equipped with an adequate supply of clean towels, linens and coverings. Towels, linens and coverings shall not be used by or on more than one patron unless they have first been laundered and disinfected. Disposable towels, linens and coverings shall not be used by or on more than one patron. Soiled towels, linens and coverings shall be deposited in approved receptacles; disposable items shall not be deposited in the same receptacle as nondisposable items.
Instruments used in administering massages shall not be used on more than one patron unless they have first been disinfected. Massage table pads and usable table coverings shall be disinfected after each use.
Lotions and powder used during the administering of massages shall be stored separately in containers clearly labeled as to contents and shall be stored in cabinets used solely for such purpose.
Massages shall not be administered to any patrons who have open sores or other visual signs of contagion or communicable disease.
For the purposes of ascertaining violations of this chapter and conducting routine inspections, Health Inspectors, Building Inspectors, the Fire Marshal or duly authorized Fire Code Inspectors of the Township, or police officers of the Upper Moreland Township Police Department shall have the right of entry into the premises of any massage establishment during the hours such establishment is open for business.
If an inspector observes that any massage technician has open sores or otherwise has reasonable grounds to believe that any massage technician is infected with a contagious or communicable disease, the inspector shall have the right to suspend such technician from practicing or administering massages until such time as the massage technician furnishes a doctor's certificate showing the massage technician to be free of any contagious or communicable disease.
The owner or licensee or duly authorized manager shall be on duty at all times during the hours such establishment is open for business, such owner, licensee or manager being able to be identified by wearing prominently an identification badge identifying such owner, licensee or manager.
Eating or drinking shall not be permitted on the premises, including but not limited to the serving, either for sale or otherwise, or the possession of any alcoholic beverages.
Animals, except for guide animals for the handicapped, shall not be permitted within massage establishments.
All employees, including massage technicians, shall only perform massages and have contact with patrons while fully clothed in clean, opaque clothing covering fully the body from the shoulders to the thighs, being no shorter than six inches above the knee, and the wearing of any form of lingerie as the sole garment shall be prohibited.
No person, other than employees of the massage establishment, shall remain on the premises of a massage establishment more than one hour after closing. No massage establishment shall be used as a dwelling unit or for residential purposes by any massage technician and, to prevent the use of a massage establishment for use as a dwelling unit, all persons, including employees, shall vacate the premises within two hours after closing and shall not reenter the premises more than two hours prior to opening.
Massage technicians shall wash their hands immediately prior to the administration of any massage.
It shall be unlawful for any person in a massage establishment to place his or her hands upon, touch, fondle or otherwise have any physical contact with, including massaging, a sexual or genital part of any other person or to offer to so touch any person. It shall be unlawful for any person in a massage establishment to expose his or her sexual or genital area to any other person.
No license issued under the provisions of this chapter shall be transferable to another person. Upon the sale or transfer of any interest in a massage establishment, the license therefor shall be null and void. Any person desiring to continue to operate such massage establishment following the sale or transfer of any interest shall make application therefor pursuant to the provisions of this chapter.
Every license issued under the provisions of this chapter is subject to revocation for violation of any of the provisions of this chapter. Said license may be revoked by the Director after notice of the basis for such revocation. The license holder shall have the right to appeal from such proposed revocation to the Board of Commissioners and request a hearing. Notice of revocation shall be given in writing and shall be served at least 10 days prior to the effective date of the revocation by certified mail, by personal service on the license holder, or by posting the notice upon the entrance to the massage establishment. The notice shall advise the license holder of the right to appeal the proposed revocation. A hearing shall be held before the Board of Commissioners, and the license holder shall have the right to be represented at such hearing and to produce evidence.
All licenses issued pursuant to the provisions of this chapter shall expire one year after the date of issuance. No later than one month previous to the expiration, licensees shall make application for renewal of said license.
In addition to the refusal or revocation of a license as provided under this chapter, the owner of a massage establishment or any officer thereof shall be liable for a civil penalty of not less than $100 for each and any violation of any provision of this chapter on the part of any agent, servant or employee of such owner of a massage establishment in a civil proceeding brought before a magisterial district judge by the Township in accordance with the Pennsylvania Rules of Civil Procedure, in which proceedings the said owner or officer shall have the burden of proving that such violation alleged occurred without the knowledge of or outside the control of such owner or officer.
In addition to the refusal or revocation of a license as provided under this chapter, any person or any officer, agent, servant or employee thereof, who shall violate any provision of this chapter, shall, upon conviction thereof before a magisterial district judge, be sentenced to pay a fine of not less than $100 and not exceeding $600, together with the costs of prosecution. Each day a violation shall continue after notification shall constitute a separate offense.