[HISTORY: Adopted by the Borough Council of the Borough of
Girard 10-21-1996 by Ord. No. 655 (Ch. VI, Part 6, of the 1974 Code
of Ordinances). Amendments noted where applicable.]
The people and citizens of the Borough of Girard, acting by
and through their duly elected governing body, this 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 though 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. This Council further recognizes that various businesses
operating under the guise of practicing body massage, sometimes called
"massage parlors," are intended to stimulate sexual and erotic reactions,
which this Council believes is contrary to the morals and welfare
of this Borough. In addition to regulating the legitimate and bona
fide practice of massage, this Council intends to prohibit and prevent
the abuse of said practice for sexual and erotic stimulation purposes.
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them by this section:
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, lineaments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
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 is defined above, but shall exclude licensed hospitals, licensed
nursing homes, medical clinics and the offices and quarters of licensed
health profession practitioners.
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.
Any individual or any firm, partnership, corporation or other
association of individuals or group acting as a unit.
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 Girard without
first having obtained a massage technician license from the Borough
Manager.
It shall be unlawful for any person to maintain, operate or
conduct a massage establishment in the Borough of Girard without first
having obtained a massage establishment license from the Borough Manager.
A.
Each person seeking a massage technician license shall submit to
the Borough Manager a written application containing the following:
(1)
Name and residence address of applicant.
(2)
Applicant's social security number and motor vehicle operator's
license number, if any.
(3)
Applicant's weight, height, color of hair and color of eyes.
(4)
Written evidence that the applicant is at least 18 years of age.
(5)
A statement of the applicant of each place and type of employment
for three years immediately preceding the date of application, indicating
precise dates and addresses.
(6)
A statement of the applicant of each place of residence for three
years immediately preceding the date of the application, indicating
the precise dates and addresses.
(7)
Applicant's statement of conviction of any crime or forfeiture
of bond or bail involving any criminal charge or violation of ordinance
(except minor traffic violations) within five years immediately preceding
the date of the application, indicating the precise charge, location,
date and disposition.
(8)
A photograph taken by the Girard Borough Police Department.
(9)
Fingerprints taken by the Girard Borough Police Department.
(10)
A licensed physician's certificate, obtained within not
more than 30 days immediately preceding the date of the application,
from a physician acceptable to the Girard Borough Manager certifying
that the applicant is free from any contagious or communicable diseases
and that the physician based his or her conclusions, in part, upon
a recognized blood test for syphilis, a culture for gonorrhea, a specific
test or tests for tuberculosis and a specific test for HIV.
(11)
The application shall be made under oath before a notary public
or other officer of the Commonwealth of Pennsylvania authorized to
administer oaths.
B.
Each applicant shall pay to the Borough of Girard at the time of
submitting the application a nonrefundable filing fee for an original
application and a nonrefundable filing fee for each renewal application
as set from time to time by resolution of the Borough Council.[1]
C.
A license issued hereunder shall have a life or term of one year
from the date of issue. An application for a renewal of said license
for one year may be filed at any time prior to the expiration of the
then-existing license.
Within 30 days after receiving a complete application for a
massage technician license, the Borough Manager may issue said license
to the applicant unless the said Borough Manager determines that the
applicant:
A.
Is under
the age of 18 years; or
B.
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
C.
Is not
free from a contagious or communicable disease.
A.
A massage technician license may be suspended or revoked by the Borough
Manager upon the occurrence of any of the following events:
(1)
The application for such license contained a false statement or statements.
(2)
The massage technician has violated the provisions of this chapter.
(3)
The massage technician contracts a contagious or communicable disease.
(4)
The massage technician is convicted of or has forfeited bond or bail
on a charge of violating a criminal law or ordinance in this or any
other jurisdiction involving sexual misconduct, dishonesty, fraud
or deceit.
B.
The Borough Manager shall serve the massage technician with written
notice of said suspension or revocation, specifying the reasons therefor,
before said suspension or revocation shall become effective. Service
of said notice shall be deemed effective if delivered to the person
in apparent charge of the massage establishment.
C.
The massage technician shall have the right to a hearing on said
suspension or revocation, which hearing shall be held before the Council
of the Borough of Girard within the 30 days after the service of the
notice of such suspension or revocation, whether or not the suspension
or revocation was effective immediately.
A.
Each person seeking a massage establishment license shall submit
to the Borough Manager a written application containing the following:
(1)
A detailed statement indicating the exact nature of the massage to
be administered, the proposed location of the establishment and the
detailed plans therefor.
(2)
Specific information on each individual, partner, limited partner,
corporate officer, corporate director, corporate stockholder owning
more than 3% of the issued and outstanding stock of a corporate applicant,
comprising the applicant, to include the following:
(a)
Name and residence address.
(b)
Social security number and motor vehicle operator's license
number, if any.
(c)
Height, weight, color of eyes and color of hair.
(d)
A statement of each place and type of employment for three years
immediately preceding the date of application, indicating the precise
dates and addresses.
(e)
A statement of each place of residence for three years preceding
the date of application, indicating precise dates and addresses.
(f)
A statement of conviction of any crime or forfeiture of bond
or bail involving any criminal charge or violation of ordinance (except
minor traffic violations) within five years immediately preceding
the date of application, indicating the precise charge, location,
date and disposition.
(g)
A photograph and/or fingerprints taken by the Girard Borough
Police Department.
(3)
The application shall be made under oath before a notary public or
other officer of the Commonwealth of Pennsylvania authorized to administer
oaths.
(4)
If the applicant is a corporation, a duly certified copy of its articles
of incorporation shall be submitted with the application.
(5)
If the applicant is a partnership, a duly certified copy of the partnership
agreement shall be submitted with the application.
B.
Each applicant shall pay to the Borough Manager of Girard at the
time of submitting the application a nonrefundable filing fee of $200
for an original application and a nonrefundable filing fee of $100
for each renewal application. In addition, the applicant shall pay
such other fees as may be required under any other ordinance which
may be applicable.
C.
A license issued hereunder shall have a life or term of one year
from the date of issue of the final massage establishment license
(Part II). An application for a renewal of said license for one year
may be filed at any time prior to the expiration of the then-existing
license.
A.
A massage establishment license shall consist of two parts, as follows:
(1)
Part I: an indication that the persons involved in said application meet the requirements of § 250-8 hereinabove and that the proposed operation, if permitted, will not violate other applicable ordinances of the Borough.
(2)
Part II: the final license to be issued before occupancy or use of
said establishment.
B.
Within 30 days after receiving a complete application, the Borough
Manager may issue Part I of said massage establishment license to
the applicant, unless the said Borough Manager determines that:
(1)
An individual comprising the applicant 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
(2)
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable ordinances of the Borough of Girard.
C.
Within 10 days after receiving a written request from the applicant for inspection of the completed establishment, the Borough Manager shall inspect said establishment and issue the final massage establishment license (Part II) to the applicant, provided that a valid Part I of said license has been issued less than one year before said issuance of the final license, unless the said Borough Manager determines that the establishment does not comply with the requirements of § 250-11 hereinbelow.
A.
A massage establishment license may be suspended or revoked by the
Borough Manager upon the occurrence of any of the following events:
(1)
The application for such license contained a false statement or statements.
(2)
The massage establishment licensee has violated the provisions of
this chapter.
(3)
An individual comprising the massage establishment licensee has been
convicted of or has forfeited bond or bail on a charge of violating
a criminal law or ordinance in this or any other jurisdiction involving
sexual misconduct, dishonesty, fraud or deceit.
B.
The Borough Manager shall serve the massage establishment licensee
with written notice of said suspension or revocation, specifying the
reason therefor, before said suspension or revocation shall become
effective. Service of said notice shall be deemed effective if delivered
to a person in apparent charge of the massage establishment.
C.
The massage establishment licensee shall have the right to a hearing
on said suspension or revocation, which hearing shall be held before
the Girard Borough Council within 30 days after the service of the
notice of such suspension or revocation, whether or not the suspension
or revocation was effective immediately.
A.
Construction of rooms used for toilets, tubs, steam baths and showers
shall be made waterproof with approved waterproof materials and shall
be installed in accordance with the appropriate codes of Girard Borough.
B.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected.
C.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event male
and female patrons are to be served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
D.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
E.
Closed cabinets shall be provided and used for the storage of clean
linens, towels and other materials used in connection with administering
massages. All soiled linens, towels and other materials shall be kept
in properly covered containers or cabinets, which containers or cabinets
shall be kept separate from the clean storage areas.
F.
Toilet facilities shall be provided in convenient locations. When
employees and patrons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided for each sex.
A single water closet per sex shall be provided for each 20 or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for half of the water closets for the male
patrons after one water closet has been provided. Toilets shall be
designated as to the sex accommodated therein.
G.
Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or vestibule immediately
adjacent thereto. Lavatories or washbasins shall be provided with
soap and a dispenser and with sanitary towels.
H.
The premises shall be equipped with a service sink for custodial
supplies.
I.
The premises shall comply with all building and safety codes of the
commonwealth and the Borough of Girard.
A.
All areas of the massage establishment, including appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
B.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers.
C.
All employees of a massage establishment, including massage technicians,
shall be clean and wear clean, nontransparent outer garments. A separate
dressing room for each sex must be available on the premises, and
each dressing room shall contain a tub or shower in good working order
and individual lockers for each employee and customer. Doors to such
dressing rooms shall open inward and shall be self-closing.
D.
The massage establishment shall be stocked with clean, laundered
sheets and towels in sufficient quantity and shall be laundered after
each use thereof and stored in a sanitary manner.
E.
The sexual and genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
technician.
F.
All walls, ceilings, floors, pools, showers, bathtubs, steams 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.
Bathtubs and showers shall be thoroughly cleaned after each use. When
carpeting is used on the floors, it shall be kept dry.
G.
Oils, creams, lotions and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
H.
Eating in the massage work areas shall not be permitted. Animals,
except for Seeing Eye dogs, shall not be permitted in the massage
work areas.
I.
Each massage technician shall wash his or her hands in hot running
water, using a proper soap or disinfectant before administrating a
massage to each patron.
J.
Each patron must bathe his or her entire body on the massage establishment
premises before submitting to massage by a massage technician.
K.
Each massage establishment and each massage technician shall keep
and maintain at all times on the premises of said establishment a
written record of the patrons served, which record shall include the
name and address of the patron, the date and time (including duration)
of the massage operation, the type and nature of the massage performed
and the fee or other consideration charged. Said records shall be
maintained for not less than five years.
It shall be unlawful:
A.
For a massage technician or any other person to perform a massage
on a person of the opposite sex.
B.
For a massage technician or any other person knowingly to place his
or her hand or hands upon or to touch or be in contact with any part
of his or her body, to fondle, or caress in any other manner, or to
massage the sexual or genital area of any other person.
C.
For a massage technician or any other person to perform, offer or
agree to perform any act which would require the touching or manipulating
by any means of the sexual or genital area of any other person.
D.
To employ any person under the age of 18 years in any capacity in
and at a massage establishment.
E.
To permit any person under the age of 18 years to come to or remain
on the premises of any massage establishment, whether as a patron,
guest or otherwise.
F.
To employ a person to practice a massage without such person being
duly licensed as a massage technician.
The licensee of a massage establishment and each massage technician
shall display their 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.
A.
The Borough Manager shall provide each duly licensed massage technician
with an identification card containing the technician's photograph,
name, license number and license expiration date.
B.
Each duly licensed massage technician shall wear and display said
identification card on the front of his or her outermost garment at
all times while on the premises of the massage establishment.
A.
The Borough Manager or his designee shall, from time to time, make inspections of each massage establishment for the purpose of determining compliance with the provisions of this chapter. Such inspection shall include the right to inspect the records required to be maintained pursuant to § 250-12K hereinabove. In applying for and accepting a massage establishment license, the licensee is deemed to have agreed to such inspection without notice or legal process.
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.
A.
The owner, operator or massage technician of a massage establishment operating in the Borough of Girard as of the effective date of this chapter may apply to the Borough Manager for and may be granted a grace period not to exceed six months in order to comply with the requirements necessary for the issuance of a final massage establishment license (Part II) or a massage technician license pursuant to §§ 250-4 and 250-8 of this chapter.
A.
Any person who violates any provision of this chapter shall be guilty
of and liable for a summary offense and, upon conviction, shall be
sentenced to pay a fine not exceeding $600 and the costs of the action.
In default of payment of such fine and costs, such person may be sentenced
and committed to the Erie County Prison for a period not exceeding
30 days.
