As used in this chapter, the following terms shall have the
meaning indicated:
BODY MASSAGE
The application to the human body by the hands or mechanical
apparatus, any touching, stroking, friction, kneading, vibration,
percussion, oil, alcohol rubs, mechanotherapy, hot or cold packs,
heat, cold, salt glows, 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
massage, baths, exercises, or similar services in combination to club
members or to the public for a charge, fee or donation; but shall
exclude 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
shall exclude 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.
PERSON
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 Township of Hampton without a license to operate or practice upon proper application to the Township Manager and the fulfillment of the requirements set forth herein, and payment of a fee of $50 per annum for a health club and $25 per annum for a massage technician. Licenses granted under this Chapter
185 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
fulfillment of the following:
A. All zoning, building, fire, electrical, plumbing, and health codes
applicable to the Township of Hampton shall be complied with.
B. An application for a license shall include the names of all owners,
stockholders, and managing personnel, their addresses, occupations,
and satisfactory proof that they have not been convicted of any violation
of laws prescribing prostitution, obscenity, indecency, or pornography.
C. Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Township Manager, which shall include details
of entrances, partitions, windows, openings, ventilation, plumbing
fixtures, water supply, 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 sleep 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 Township 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 his or her 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, 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.
No person shall be granted a license to practice as a massage
technician without satisfactory proof of the following:
A. That the applicant is at least 18 years of age.
B. That the applicant has never been convicted of prostitution, obscenity,
indecency, or related crimes.
C. That the applicant has a diploma from a recognized school of massage
having a curriculum approved by the Pennsylvania Department of Education
certifying that he or she has completed 400 hours of study in the
basic subject of anatomy, physiology, hygiene, hydrotherapy, technique
of massage, clinical internship, contra-indications of massage, physical
and mechanical exercise.
D. In lieu of Subsection
C, the applicant can furnish equivalent credentials by way of experience and training of at least one year's duration.
E. The license shall contain a photograph of the massage technician
and shall be carried on the person of the massage technician or conspicuously
displayed in the health club wherein the massage technician is employed.
F. The application for a license shall contain the name, address, Social
Security number, photograph and fingerprints of the applicant, and
shall be kept on file in the Township of Hampton Police Department.
The Municipal 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 related crimes and offenses.
C. That the licensee has diagnosed or treated classified diseases, practices
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 Township of Hampton, or 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 provisions of §
185-6 of this chapter shall not apply to massage treatments given:
A. In the office of a licensed physician, osteopath, or chiropractor.
B. In a regularly established medical center, hospital or sanitarium.
The owner or manager of any health club operating in the Township as of the effective date of this chapter may apply for or may be granted by the Township Manager a grace period not to exceed six months in order to comply with §
185-3C and
D. With these exceptions, this chapter becomes effective upon all health clubs and proposed health clubs upon enactment.
This chapter shall be administered by the Township Manager or
licensing officer appointed by him. An appeal from the denial of a
license or the revocation of a license shall be filed with the Township
Manager within 15 days of such action and shall be heard and determined
by the Township Council within 30 days of the filing of the appeal.
The applicant or licensee shall be informed in writing five days prior
to the hearing of the reasons for denial or revocation of the license.
[Amended 4-26-1995 by Ord. No. 505]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
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.