[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 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]
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]
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]
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]
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.