As used in this chapter, the following terms shall have the
meanings indicated:
BODY MASSAGE
The application to the human body by the hands or mechanical
apparatus of any touching, stroking, friction, kneading, vibration,
percussion, oil or alcohol rubs; any mechanotherapy; the application
of any hot or cold packs, heat, cold or salt glows; or the use of
any cabinet, tub, shower, sitz, sauna, vapor, steam or any other special
type of bath.
HEALTH CLUB
Any establishment which offers service in the form of body
massages, baths, exercises or similar services in combination to club
members or to the public for a charge, fee or donation, but excluding
hospitals, nursing homes, medical clinics and the office or quarters
of licensed health profession practitioners.
MASSAGE TECHNICIAN
Any masseur (male) and masseuse (female) who administers
body massage to any other person for a charge, fee or donation; but
excluding persons licensed by the Commonwealth of Pennsylvania to
practice medicine, chiropractic, osteopathy, podiatry, nursing and
physical therapy, and barbers, beauticians and manicurists insofar
as they deal with the head, hands and feet.
PERSONS
Includes a firm, partnership, association of persons, corporation,
organization or any other group acting as a unit.
No health club or massage technician may operate or practice
within the Borough of West View without a license to so operate or
practice, which license shall be issued upon proper application to
the Borough Manager, fulfillment of the requirements set forth herein
and payment of a fee of $50 per year for a health club and $25 per
year for a massage technician. Licenses granted under this chapter
shall be renewed yearly and may be revoked for any failure to comply
with this chapter.
No health club shall be granted a license to operate until the
following requirements are fulfilled:
A. All Zoning, Building, Fire, Electrical, Plumbing and Health Codes
applicable to the Borough of West View shall be complied with.
B. An application for a license shall include the names of all owners,
stockholders and managing personnel, their addresses and occupations,
and satisfactory proof that they have not been convicted of any violation
of laws proscribing prostitution, obscenity, indecency or pornography.
C. Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Borough Manager, which shall include details
of entrances, partitions, windows, openings, ventilation, plumbing
fixtures, water supply and waste and vent connections. Such quarters
must be equipped with separate toilet and lavatory facilities for
patrons and personnel, and a service sink for custodial services.
No part of the quarters may be used for or connected with any bedroom
or sleeping quarters.
D. All tables, tubs, shower stalls and floors, with the exception of
reception and administrative areas, shall be of nonporous materials
which may be readily disinfected.
E. Closed containers must be provided for wet towels and waste material.
F. All equipment, shower stalls, toilets, lavatories, tubs, cabinets
and other accouterments of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
G. As a condition of receiving a license, the owners and operators of
the health club must expressly grant access to health, plumbing, fire,
electrical and other authorized Borough inspectors to any part of
the quarters of the health club for purposes of inspection at all
reasonable times.
H. The health club must require and retain on file certificates of good
health issued by a licensed physician for all employees practicing
any services of the health club. Such certificates shall be renewed
every six months.
I. No health club shall serve any patrons infected with any fungus or
skin infection.
J. All personnel shall wash their hands in hot, running water, using
proper soap or disinfectants, before giving any service or treatment
to each separate patron.
K. All towels and tissues and all sheets or other coverings shall be
used singularly for each patron and discarded for laundry or disposal
immediately after use.
L. Nondisposable tools or equipment shall be disinfected after use upon
one patron.
M. The applicant must have a valid lease or title to the quarters which
meet the requirements of this chapter.
N. No body massage shall be provided to the genitals of the patron.
The Borough Manager may revoke the license of a health club
or massage technician upon satisfactory proof of any of the following:
A. That the licensee does not meet the licensing requirements of this
chapter.
B. That the licensee has been convicted of prostitution, obscenity,
indecency, promoting prostitution, keeping or maintaining a disorderly
house or a related crime or offense.
C. That the licensee has diagnosed or treated classified diseases, practiced
spinal adjustments or prescribed medicines.
D. That the licensee is guilty of fraud or willful negligence in the
practice of body massage.
E. That the licensee is a habitual user of narcotics or other drugs.
F. That the licensee has allowed or permitted an unlicensed person to
perform body massage.
G. That the licensee has provided body massage to the genitals of any
patron.
H. That the licensee has violated any of the provisions of this chapter
or other applicable ordinances of the Borough of West View, any laws
of the Commonwealth of Pennsylvania or any laws of the United States
of America. Any violation by an employee of a health club or by a
massage technician shall be considered a violation by the health club.
The owner or manager of any health club operating in the Borough of West View as of the effective date of this chapter may apply for and may be granted by the Borough Manager a grace period not to exceed six months in order to comply with §
176-3C and
D. With these exceptions, this chapter becomes effective upon all health clubs and proposed health clubs upon enactment.
[Amended 2-2-1977 by Ord. No. 1191]
Any person who violates this chapter shall be guilty of a summary
offense and, upon conviction thereof, shall be sentenced to pay a
fine of not more than $300, plus costs of prosecution, and in default
of the payment of the fine and costs, to 30 days' imprisonment.
In addition, any health club which is found to operate without a current
license shall suffer the immediate revocation of its occupancy permit
and shall not be permitted to operate.