[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.]
A.
DIRECTOR
MASSAGE
MASSAGE BUSINESS
MASSAGE ESTABLISHMENT
MASSAGE PROVIDER
MASSAGE TECHNICIAN
PERSON
RECOGNIZED SCHOOL
SEXUAL OR GENITAL AREA
TOWNSHIP
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.
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.[1]
[Amended 9-12-2011 by Ord. No. 1601]
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]
Any "massage establishment," as defined herein, or any "massage
technician," as defined herein.
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.
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]
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.
[1]
Editor's Note: See 63 P.S. § 627.1 et seq.
B.
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.
A.
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.
B.
Application.[1]
(1)
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.
(2)
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.
[1]
Editor's Note: The application for a massage establishment
license is available in the Township office.
C.
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
E.
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:
A.
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.
B.
All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms,
bath areas and floors shall have surfaces which may be readily disinfected.
C.
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.
D.
The premises shall be equipped with a service sink for custodial
services.
E.
Each massage establishment shall have a minimum of one shower, one
toilet and one washbasin.
F.
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.
G.
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.
H.
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:
A.
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.
B.
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.
C.
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.
D.
No person under the age of 18 years of age shall be permitted to
enter or remain on the premises or receive any massage.
E.
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.
F.
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.
G.
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.
H.
Massages shall not be administered to any patrons who have open sores
or other visual signs of contagion or communicable disease.
I.
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.
J.
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.
K.
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.
L.
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.
M.
Animals, except for guide animals for the handicapped, shall not
be permitted within massage establishments.
N.
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.
O.
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.
P.
Massage technicians shall wash their hands immediately prior to the
administration of any massage.
Q.
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.
