[Ord. 307, 2/6/1974, § 1]
Any natural person, association, partnership or corporation.
Includes the following:
Engaging in canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk or public ground, or from house to house,
within the Borough of Manor.
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed location within the Borough, on a temporary
basis, which shall include, but shall not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for or in advance of specific yearly holidays.
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In this part, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
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[Ord. 307, 2/6/1974, § 2; as amended by A.O.]
1.
No person shall engage in any transient retail business within the
Borough of Manor without first having obtained from the Mayor a license,
for which a fee, in an amount as established, from time to time, by
resolution of Borough Council, which shall be for the use of the Borough,
shall be charged.
2.
Provided; no license fee shall be charged under this section: (A)
to farmers selling their own produce; (B) for the sale of goods, wares
and merchandise, donated by the owner thereof, the proceeds whereof
are to be applied to any charitable or philanthropic purpose; (C)
to any manufacturer or producer in the sale of milk or milk products,
bread and bakery products, or meat and meat products, but all persons
exempted hereby from the payment of the license fee shall be required
to register with the Mayor and obtain a license without fee. Provided,
further; any person dealing with other goods, wares or merchandise
not so exempted, shall be subject to the payment of the license fee
fixed by this section for his activities in connection with the sale
of goods, wares and merchandise not in such exempted categories. Provided,
further; the Mayor may similarly exempt from payment of the license
fee, but not from registering with him, persons working without compensation
and selling goods, wares or merchandise for the sole benefit of any
nonprofit corporation. Provided, further; every license issued under
the provisions of this part shall be issued on an individual basis
to persons engaging in such business; every individual shall obtain
a separate license, issued to him in his name, and the license fee
hereby imposed shall be applicable to every such individual license.
[Ord. 307, 2/6/1974, § 3]
Every person desiring a license under this part shall first
make application to the Mayor for such license. If such person shall
also be required to obtain a license from any state or county officer,
he shall, when making such application, exhibit a valid license from
such state or county officer. The applicant shall give his name and
address; his previous criminal record, if any; the name of the person
by whom he is employed; the type of goods, wares and merchandise he
wishes to deal with in such transient retail business; the length
of time for which such license is to be issued; and the type of vehicle
to be used, if any.
[Ord. 307, 2/6/1974, § 4]
Upon receipt of such application and the prescribed fee, the
Mayor, if he shall find such application in order, shall issue the
license required under this part. Such license shall contain the information
required to be given on the application therefor. Every license holder
shall carry such license upon his person, if engaged in a transient
retail business from house to house or upon any of the streets, alleys,
sidewalks or public grounds, or shall display such license at the
location where he shall engage in such business if doing so at a fixed
location. He shall exhibit such license, upon request, to all police
officers, Borough officials, and citizens or residents of the Borough.
[Ord. 307, 2/6/1974, § 5]
1.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.
D.
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or of any stock or wares or foodstuffs which have become unsaleable
through handling, age or otherwise.
E.
Engage in any business activity prohibited in the Borough of Manor
by general or special law applicable thereto.
F.
Engage in any house-to-house activity, except by prior appointment,
at any time on a Sunday or at any time other than between the hours
of 9:00 a.m. and 5:00 p.m., on any day of the week other than a Sunday.
[Ord. 307, 2/6/1974, § 6]
The Mayor is hereby authorized to suspend or revoke any license
issued under this part when he deems such suspension to be beneficial
to the public health, safety or morals, or for violation of any of
the provisions of this part, or for giving false information upon
any application for a license hereunder. Appeals from any suspension
or revocation may be made to the Borough Council at any time within
10 days after such suspension or revocation. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
[Ord. 307, 2/6/1974, § 7; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 334, 5/4/1977, § 1]
Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this section shall govern
the construction, meaning, and application of words and phrases used
in this part.
Any person over 18 years of age, other than a masseur, who
renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
Any method of treating the superficial parts of a patron
for medical, hygienic, exercise, or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands or any instrument, or by the application of air, liquid,
or vapor baths of any kind whatever.
Any person who engages in the practice of massage as herein
defined. The use of the masculine gender shall include in all cases
the feminine gender as well.
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
Any school or institution of learning which has, for its
purpose, the teaching of the theory, method, profession, or work of
massage, which school requires a resident course of study of not less
than 70 hours before the student shall be furnished with a diploma
or certificate of graduation from such school following the successful
completion of such courses of study or learning.
[Ord. 334, 5/4/1977, § 2]
1.
Business Permit Required. No person shall engage in or carry on the
business of massage unless he has a valid massage business permit
issued by the Borough of Manor pursuant to the provisions of this
part for each and every separate office or place of business conducted
by such person.
2.
Masseur's Permit Required. No person shall practice massage
as a masseur, employee or otherwise, unless he has a valid and subsisting
masseur's permit issued to him by and pursuant to the provisions
of this part.
[Ord. 334, 5/4/1977, § 3]
1.
Any person desiring a massage business permit shall file a written
application with the Police Chief on a form to be furnished by the
Police Chief. The applicant shall accompany the application with a
tender of the correct permit fee as hereinafter provided and shall,
in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style, and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers where the business
is to be conducted.
D.
A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence addresses
of the manager or other person principally in charge of the operation
of the business.
E.
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front face-portrait photographs taken within 30 days of
the date of the application and at least two inches by two inches
in size.
(6)
The massage or similar business history and experience including,
but not limited to, whether or not such person in previously operating
in this or another Borough or state under license or permit has had
such license or permit denied, revoked, or suspended and the reason
therefore, and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted, and the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file
by the Police Chief or his authorized representatives.
(9)
Diploma, certificate, or other written proof of graduation from
a recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
F.
Such other information, identification, and physical examination
of the person as shall be deemed necessary by the Police Chief to
discover the truth of the matters hereinbefore required to be set
forth in the application.
G.
Authorization for the Borough of Manor, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
H.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
I.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Borough.
[Ord. 334, 5/4/1977, § 4]
1.
Any person desiring a masseur's permit shall file a written
application with the Police Chief on a form to be furnished by the
Police Chief. The applicant shall tender with the application the
correct permit fee as hereinafter provided and shall, in addition,
furnish the following:
A.
The business address and all telephone numbers where the massage
is to be practiced.
B.
The following personal information concerning the applicants:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front face-portrait photographs taken within 30 days of
the date of application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience including,
but not limited to, whether or not such person in previously operating
in this or another Borough or state under license or permit has had
such license or permit denied, revoked, or suspended and the reason
therefor, and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted, and the circumstances
thereof.
(8)
A complete set of fingerprints taken and to be retained by the
Police Chief or his authorized representatives.
(9)
Diploma, certificate, or other written proof of graduation from
a recognized school where the theory, method, profession or work of
massage is taught.
(10)
A statement in writing from a licensed physician in the state
that he has examined the applicant and believes the applicant to be
free of all communicable diseases.
C.
Such other information, identification, and physical examination
of the person deemed necessary by the Police Chief in order to discover
the truth of the matters hereinbefore required to be set forth in
the application.
D.
Authorization for the Borough of Manor, its agents, and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
E.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Borough.
[Ord. 334, 5/4/1977, § 5]
1.
Upon receiving the application for a massage business or masseurs
permit, the Police Chief shall conduct an investigation into the applicant's
moral character and personal and criminal history. The Police Chief
may, in his discretion, require a personal interview of the applicant,
and such further information, identification and physical examination
of the person as shall bear on the investigation.
2.
In the case of applications for massage business permits, the Police
Chief shall cause to be conducted an investigation of the premises
where the massage business is to be carried on, for the purposes of
assuring that such premises comply with all the sanitation requirements
as set forth in this part and with the regulations of public health,
safety, and welfare.
3.
Before any permit shall issue under this part, the Police Chief shall
first sign his approval of the application.
[Ord. 334, 5/4/1977, § 6]
1.
The Police Chief shall issue a massage business permit within 45
days of receipt of the application unless he finds that:
A.
The correct permit fee has not been tendered to the Borough, and,
in the case of a check or bank draft, honored with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws including, but not limited to,
the Borough's building, zoning, and health regulations.
C.
The applicant, if an individual; or any of the stockholders holding
more than 10% of the stock in the corporation, any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partner if the applicant is a partnership; and the
manager or other person principally in charge of the operation of
the business, have been convicted of any crime involving dishonesty,
fraud, or deceit, unless such conviction occurred at least five years
prior to the date of the application.
D.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Borough in conjunction therewith.
E.
The applicant has had a massage business, masseur, or other similar
permit or license denied, revoked, or suspended for any of the above
causes by the Borough or any other state or local agency within five
years prior to the date of the application.
F.
The applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business,
is not over the age of 18 years.
G.
The manager or other person principally in charge of the operation
of the business has not successfully completed a resident course of
study or learning of not less than 70 hours from a recognized school
where the theory, method, profession of work of massage is taught.
[Ord. 334, 5/4/1977, § 7]
The massage business permittee shall display his permit, and
that of each and every masseur employed in the establishment, in an
open and conspicuous place on the premises of the massage business.
[Ord. 334, 5/4/1977, § 8; as amended by A.O.]
The permit fee for a massage business shall be in an amount
as established, from time to time, by resolution of Borough Council.
The permit fee for masseurs shall be in an amount as established,
from time to time, by resolution of Borough Council.
[Ord. 334, 5/4/1977, § 9]
Any massage business or masseur's permit issued under this
part shall be subject to suspension or revocation by the Police Chief
for violation of any provision of this part, or for any grounds that
would warrant the denial of issuance of such permit in the first place.
The Chief, upon such revocation or suspension, shall state his reasons
in writing, specifying the particular grounds for such revocation
or suspension.
[Ord. 334, 5/4/1977, § 10]
Every person who operates a massage business or practices or
provides a massage shall at all times keep an appointment book in
which the name of each and every patron shall be entered, together
with the time, date and place of service, and the service provided.
Such appointment book shall be available at all times for inspection
by the Police Chief or his authorized representatives.
[Ord. 334, 5/4/1977, § 11]
No massage business and masseur permits are transferable, separate
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein.
[Ord. 334, 5/4/1977, § 12]
All premises used by permittee hereunder shall be periodically
inspected by the Police Chief or his authorized representatives for
safety of the structure and adequacy of plumbing, ventilation, heating
and illumination. The walls shall be clean and painted with washable,
mold-resistant paint in all rooms where water or steam baths are given.
Floors shall be free from any accumulation of dust, dirt or refuse.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Towels, linen and items for personal
use of operators and patients shall be clean and freshly laundered.
Towels, cloths, and sheets shall not be used for more than one patron.
Heavy, white paper may be substituted for sheets provided that such
paper is changed for every patron. No massage service or practice
shall be carried on within any cubicle, room, booth, or any area within
a massage establishment which is fitted with a door capable of being
locked. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of
premises, nor to preclude authorized inspection thereof.
[Ord. 334, 5/4/1977, § 13]
A permittee shall have the premises supervised at all times
when open for business. Any business rendering massage services shall
have one person who qualifies as a masseur on the premises at all
times while the establishment is open. The permittee shall personally
supervise the business and shall not violate, or permit others to
violate, any applicable provision of this part. The violation of any
such provision by any agent or employee of the permittee shall constitute
a violation by the permittee.
[Ord. 334, 5/4/1977, § 14]
No person shall permit any person under the age of 18 years
to come or remain on the premises of any massage business establishment,
as masseur, employee, or patron, unless such person is on the premises
on lawful business.
[Ord. 334, 5/4/1977, § 15]
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept, any alcoholic beverages
on the premises of any massage business.
[Ord. 334, 5/4/1977, § 16]
The provisions of this part shall not apply to hospitals, nursing
homes, sanitariums, or persons holding an unprovoked certificate to
practice the healing arts under the laws of the state, or persons
working under the direction of any such persons or in any such establishment,
nor shall this part apply to barbers or cosmetologists lawfully carrying
out their particular profession or business and holding a valid, unprovoked
license or certificate of registration issued by the state.
[Ord. 334, 5/4/1977, § 17; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $10 nor more than
$1,000 plus costs together with reasonable attorney fees and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days. Each day that a violation of this part continues or
each section of this part which shall be found to have been violated
shall constitute a separate offense.
