[Ord. 99-9, 4/8/1999]
The people and citizens of the Township of Susquehanna acting
by and through their duly elected governing body, this Board of Township
Commissioners, are aware that the practice of body massage under certain
circumstances can scientifically promote physical well-being by (1)
reliving and relaxing muscle tension, (2) stimulating vascular circulation
which enhances the disposition of waste products generated by muscular
exercise, and (3) assisting in the development of muscle tone through
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 Board 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 Board believes is contrary
to the morals and welfare of this Township. In addition to regulating
the legitimate and bona fide practice of massage, this Board of Township
Commissioners intends to prohibit or prevent the abuse of said practice
for sexual or erotic stimulation and purposes.
[Ord. 99-9, 4/8/1999]
For the purposes of interpretation and enforcement, and unless
the context requires otherwise, words and terms used in this chapter
shall have the meanings ascribed to them as follows:
The duly elected members of the Susquehanna Township Governing
Board.
The legally appointed Board of Health of Susquehanna Township
or an authorized representative of the Board.
Any method of pressure or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibration 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
supplementary aids, OSHA certified as applicable, rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments or
other similar preparations commonly used in this practice.
Includes 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.
[Ord. 99-9, 4/8/1999]
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, licensed mental health clinics, medical clinics and
the offices and quarters of licensed health profession practitioners,
licensed cosmetologist, cosmeticians, and barbers.
[Ord. 99-9, 4/8/1999]
Any person who for any consideration whatsoever, engages in
the practice of massage as herein defined.
Time of compliance:
For massage establishments: the provisions of this chapter shall
apply immediately to any massage establishment which is initially
opened or which is moved to a different location or which makes physical
improvements to its place of business after the effective date of
this chapter. All existing massage establishments shall comply with
all provisions of this chapter within three months from the effective
date.
For massage practitioner/technician: any person who is employed
as a massage Practitioner/Technician in the Township of Susquehanna
as of the effective date of this chapter shall comply within 30 days
of the effective date.
Any individual, or any firm, partnership, corporation or
other associations of individuals or groups acting as a unit.
A school or institution of learning which has for its purpose,
the teaching of the theory, practice, method, profession or work of
massage, including anatomy, physiology, hygiene and professional ethics,
which is approved and licensed by the state and provides a resident
course of study with not less than 500 hours of classroom study and
practice, given in not less than six calendar months, to be successfully
completed before issuing any certificate of graduation.
[Ord. 99-9, 4/8/1999]
It shall be unlawful for any person to engage in, conduct or
carry on the practice of massage in the Township of Susquehanna without
first having obtained a massage technician license from the Township
Board of Health or its designee. Excluded from this chapter are licensed
health care providers, licensed cosmetologist, cosmeticians and barbers.
[Ord. 99-9, 4/8/1999]
It shall be unlawful for any person to maintain, operate or
conduct a massage establishment in the Township of Susquehanna without
first having obtained a massage establishment license from the Township
Board of Health or its designee.
[Ord. 99-9, 4/8/1999]
1.
Each person seeking a massage technician license shall submit to
the Township Board of Health or its designee a written application
containing the following:
A.
Name of applicant.
B.
Residence address.
C.
Proposed business address.
D.
Applicant's Social Security number and motor vehicle operator's
license number, if any.
E.
Applicant's weight, height, color of hair and eyes.
F.
Written evidence that the applicant is at least 18 years of age.
G.
A statement of applicant's each place and type of employment
for three years immediately preceding the date of application, including
precise dates and addresses.
H.
Applicant's place of residence for three years preceding the
date of application.
I.
Copy of malpractice insurance in an amount of at least $1,000,000.
J.
A photograph and criminal history check by the Susquehanna Township
Police Department.
K.
Proof of training and successful completion of massage course from
a state approved and licensed facility, and/or proof of certification
from the National Certification Board.
L.
The exact nature of the massage to be administered.
M.
Such other information as the Board of Health or its designee may
request in order to make any determination required.
2.
Each applicant shall pay to the Township of Susquehanna at the time
of submitting the application for a nonrefundable license fee, as
established by resolution of the Board of Commissioners, for an original
application; and a nonrefundable license fee for each renewal application.
3.
A license issued hereunder shall have a life or term of one year
from January 1. One-half fee shall be payable for any application
of six months or less prior to January 1.
[Ord. 99-9, 4/8/1999]
Within 30 days after receiving a complete application for a
massage technician license, the Township Board of Health or its designee
shall issue said license to the applicant unless it is determined
that the applicant (a) is under 18 years of age, (b) the massage technician
is convicted or has been convicted of a felony 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 within three years or (c) failure to comply with the
other above requirements.
[Ord. 99-9, 4/8/1999]
1.
A massage technician license may be suspended or revoked by the Township
Board of Health, or its designee, upon the occurrence of any of the
following events:
A.
The applicant for such license contained a false statement.
B.
The massage technician has violated the provisions of this chapter.
C.
The massage technician contracts a reportable communicable disease.
D.
The massage technician is convicted or has been convicted of a felony
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 within three years.
2.
The Township 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 massage establishment.
3.
The massage technician shall have the right to a hearing on said
suspension or revocation, which hearing shall be held before the Township
Board of Health, within 30 days after the service of the notice of
such suspension or revocation, whether or not the suspension or revocation
was effective immediately.
[Ord. 99-9, 4/8/1999]
1.
License Require. No person shall engage in, conduct or carry on or
permit to be conducted or carried on, in or upon any premises in the
Township, the operation of a massage establishment without first having
obtained a license to operate a massage establishment from the Township
Board of Health or its designee.
2.
Application. Each person seeking a massage establishment license
shall submit to the Township Board of Health, or its designee, a written
application containing the following:
A.
A written detailed statement indicating the exact nature of the massage
to be administered; the proposed location of the establishment, and
the detailed plans therefor.
B.
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:
(1)
Name and address of residence of each of the above.
(2)
Social Security number.
(3)
A statement that the applicant has not been convicted of a felony
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 within three years.
C.
The application shall be notarized.
3.
Each applicant shall pay to the Township of Susquehanna, at the time
of submitting the application, a nonrefundable license fee for an
original application; and a nonrefundable filing fee for each renewal
application, both as established by resolution of the Board of Commissioners.
In addition, the applicant shall pay such other fees as may be required
under any other chapter which may be applicable.
4.
A license issued hereunder shall have a life, or term, of one year
from January 1. Licenses issued for six months or less shall pay 1/2
fee.
[Ord. 99-9, 4/8/1999]
1.
A massage establishment license shall consist of two parts as follows:
A.
Part I. An indication that the persons involved in said application
meet the requirements of the application herein above and that the
proposed operation, if permitted will not violate other applicable
ordinances of the Township.
B.
Part II. The final license must be issued before occupancy and use
of said establishment.
2.
Within 30 days after receiving a complete application, the Township
Board of Health or its designee shall issue Part I of said Massage
Establishment License to the applicant unless the said Board of Health
or its designee determines that:
A.
An individual comprising the applicant is convicted or has been convicted
of a felony 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 within three years.
B.
That the operation as proposed by the applicant, if permitted, would
not comply with all applicable ordinances of the Township.
3.
Within 10 days after receiving a written request from the applicant
for inspection of the completed establishment, the Township Board
of Health, or its designee, 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 Board of Health, or its designee, determines that the establishment
does not comply with the requirements hereafter set forth.
[Ord. 99-9, 4/8/1999]
1.
A massage establishment license may be suspended or revoked by the
Township Board of Health or its designee upon the occurrence of any
of the following events:
A.
The application for such license contained a false statement or statements.
B.
The massage establishment license has violated the provisions of
this chapter.
C.
The massage technician is convicted or has been convicted of a felony
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 within three years.
2.
The Township Board of Health, or its designee, 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.
3.
The massage establishment shall have the right to a hearing on said
suspension or revocation, which hearing shall be held before the Township
Board of Health, or its designee, within 10 days after the service
of the notice of such suspension or revocation, whether or not the
suspension or revocation was effective immediately.
[Ord. 99-9, 4/8/1999]
No massage establishment shall be issued a permit or operated,
established or maintained in the Township unless an inspection by
the Township Board of Health, or its designee, reveals that the establishment
complies with each of the following minimum requirements:
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 building code of the
Township.
B.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floor shall have surfaces which may be readily disinfected.
C.
Adequate bathing and dressing 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
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 separated 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 available to all treatment rooms. 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, safety and zoning codes
of the Commonwealth of Pennsylvania and this Township.
[Ord. 99-9, 4/8/1999]
1.
All areas of the massage establishment, including appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
2.
Price rates for all services shall be available.
3.
All employees of a massage establishment, including massage technicians,
shall be clean and wear clean, nontransparent outer garments.
4.
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.
5.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or a massage
technician.
6.
All walls, ceilings, floors, pools, showers, bathtubs, steam 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.
7.
Oils, creams, lotions and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
8.
Eating in the massage work areas shall not be permitted. Animals,
except for seeing-eye dogs, shall not be permitted in the massage
work area.
9.
Each massage technician shall wash his or her hands in hot running
water, using a proper soap or disinfectant before administering a
massage to each patron.
10.
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.
[Ord. 99-9, 4/8/1999]
It shall be unlawful:
A.
For a massage technician or any other person knowingly to place his
or her hand or hands upon or to touch 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.
B.
For a massage technician or any other person to perform, offer or
agree to perform any act which would require the touching of the sexual
or genital area of any other person.
C.
To employ any person under the age of 18 years in any capacity in
and at a massage establishment.
D.
To employ a person to practice massage without such person being
duly licensed as a massage technician.
[Ord. 99-9, 4/8/1999]
The license 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.
[Ord. 99-9, 4/8/1999]
1.
The Township Board of Health or its designee shall provide each duly
licensed massage technician with an identification card containing
the technician's photograph, name, license number and license
expiration date.
2.
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.
[Ord. 99-9, 4/8/1999]
1.
The Township Board of Health, or its designee, shall from time to
time, make inspections of each massage establishment for the purposes
of determining compliance with the provisions of this chapter. In
applying for and accepting a massage establishment license, the licensee
is deemed to have agreed to such inspection without notice or legal
process.
[Ord. 99-9, 4/8/1999]
All licenses issued hereunder are not transferable. Said licenses
are issued only for a given location in the case of a massage establishment
license and to a specific person in the case of the massage technician
license.
[Ord. 99-9, 4/8/1999]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine or not more than $600 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
