[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:
BOARD OF COMMISSIONERS
The duly elected members of the Susquehanna Township Governing Board.
BOARD OF HEALTH
The legally appointed Board of Health of Susquehanna Township or an authorized representative of the Board.
MASSAGE
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.
SEXUAL OR GENITAL AREA
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.
APPLICABILITY
Time of compliance:
A. 
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.
B. 
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.
PERSON
Any individual, or any firm, partnership, corporation or other associations of individuals or groups acting as a unit.
RECOGNIZED SCHOOL
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.
2. 
It shall be unlawful for any person to prohibit or attempt to prohibit an inspection as provided in Subsection 1 above.
[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.