[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 6-12-1991 by Ord. No. 91-10. Amendments noted where
applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 175.
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Somerdale as or for a massage
business unless and until there first has been obtained a license
for such establishment or premises from the Borough Clerk of the Borough
of Somerdale in accordance with the terms and provisions of this chapter.
The word "premises" is hereby defined as any location where massages
are performed or from which a massage business is operated.
No person shall render or perform services as a masseur or masseuse
or engage in the business of or be employed as a masseur or masseuse
unless and until he or she has obtained a masseur's or masseuse's
license from the Mayor and Council of the Borough of Somerdale, in
accordance with the terms and provisions of this chapter.
Each and every applicant for a license, either for an establishment
or premises to be used for a massage business or for a masseur's
or masseuse's license, shall set forth the following information
in writing on forms provided by the Borough Clerk:
A.
The name and address of the applicant and all former addresses for
a period of three years prior to making the application.
B.
The address of the establishment or premises to be used in the massage
business and a physical description of the property and facilities,
if the applicant desires a license for said establishment or premises.
C.
If the applicant desires a masseur's or masseuse's license,
a statement of all employment for a period of three years prior to
making the application.
D.
A statement as to whether or not the applicant or any officer or
director thereof, if a corporation, has ever been convicted of a crime
in this or any other state.
Upon submission of a completed application and the appropriate
fees to the Borough Clerk, the Borough Clerk shall forward a copy
of the application to the Chief of Police of the Borough of Somerdale,
who shall conduct or cause to be conducted an investigation thereon.
The Chief of Police shall make a written report of his investigation
findings to the Mayor and Council of the Borough of Somerdale, who
may conduct a hearing with respect to any application under this chapter
prior to approval of said application. Each application which is submitted
to the Borough Clerk shall be approved by the Mayor and Council before
any license is issued. The Mayor and Council shall not approve such
application if, on the basis of the past criminal record of the applicant
or of the principals of a corporate applicant, or on the basis of
other evidence of bad character or morals, the Mayor and Council shall
determine that the granting or renewal of such license would tend
to encourage or permit criminal or immoral activities within the Borough
of Somerdale.
No person engaged or employed in the business of a masseur or
masseuse shall massage or otherwise treat a person of the opposite
sex.
Any person, firm or corporation which shall be granted a license
under this chapter shall be required to keep accurate records which
shall indicate the name of the licensed person administering the massage
and the name, address and telephone number of the person receiving
the massage. Said record shall also indicate how the name, address
and telephone number of the person receiving the massage verified
this information. The means of identification shall be driver's
license. In the event that a driver's license is not available,
the record shall indicate what identification was available for verification.
No massage shall be administered to a person who does not have available
some means of identification sufficient to verify their name and address:
Said records shall be available for inspection by Borough officials
during the normal business hours of said licensee or on reasonable
notice by the Borough.
The provisions of this chapter shall not apply to massage of
physical therapy treatments given:
A.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
B.
In a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapists.
C.
By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of his patient.
If, for any reason, any section, any part of a section, paragraph
or provision of this chapter shall be questioned in any court and
shall be held to be unconstitutional or invalid, the same shall not
be held to affect any other section, any part of a section, paragraph
or provision of this chapter.
