Every massage establishment and every massage technician shall
comply with the following requirements:
A. Prohibited conduct. No person other than an employee of the massage
establishment shall be permitted to give massages in such massage
establishment, and all massage technicians giving massages in any
massage establishment shall be licensed and shall be deemed to be
employees of the massage establishment for all purposes by the Borough.
B. Massage establishments shall commence operation and massages may
be administered no earlier than 9:00 a.m. The hours of operation shall
extend no later than 9:00 p.m.
C. A massage establishment shall prominently and publically display
its license on the premises, and each massage technician's license
shall be available for inspection.
D. No person under the age of 18 years of age shall be permitted to
enter or remain on the premises or receive any massage, unless accompanied
by a parent or responsible adult.
E. For the purposes of ascertaining violations of this chapter and conducting
routine inspections, health inspectors, building inspectors, the Fire
Marshal, or duly authorized fire code inspectors of the Borough, or
police officers of the Morrisville Borough Police Department, shall
have the right of entry into the premises of any massage establishment
during the hours such establishment is open for business on a quarterly
basis.
F. No person, other than employees of the massage establishment, shall
remain on the premises of a massage establishment more than one hour
after closing. No massage establishment shall be used as a dwelling
unit or for residential purposes by any massage technician.
No license issued under the provisions of this chapter shall
be transferable to another person. Upon the sale or transfer of any
interest in a massage establishment, the license therefor shall be
null and void. Any person desiring to continue to operate such massage
establishment following the sale or transfer of any interest shall
make application therefor pursuant to the provisions of this chapter.
Every license issued under the provisions of this chapter is
subject to revocation by the Code Enforcement Officer should any arrests
be made at the massage establishment for a violation of Section 5902
of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A.
§ 5902, pertaining to prostitution and other related offenses.
Such revocation shall be made only after providing 10 days' written
notice to the license holder of the proposed revocation, prior to
the effective date of the revocation. The license holder shall have
the right to appeal the proposed revocation to Morrisville Borough
Council within 10 days from the date of the written notice of the
proposed revocation. The notice shall advise the license holder of
the right to appeal the proposed revocation. A hearing shall be held
before Morrisville Borough Council either at any regularly scheduled
meeting of Borough Council or at a special meeting called by Borough
Council. The license holder shall have the right to be represented
at such hearing and to produce evidence. Should the license holder
appeal the proposed revocation to Borough Council, the license shall
not be revoked until such time as a determination is made by Borough
Council. Borough Council shall issue a written decision to the license
holder within 10 days from the date of publically voting on the proposed
revocation. The license holder shall have the right to appeal the
decision of Borough Council to the Court of Common Pleas of Bucks
County within 10 days from the date of Borough Council's written
decision.
All licenses issued pursuant to this chapter shall expire one
year after the date of issuance. No later than one month previous
to the expiration, licensees shall make application for renewal of
said license.
In addition to the refusal to grant or the revocation of the
license as provided for in this chapter, any officer, agent, servant
or employee thereof who shall violate any provision of this chapter
shall, upon conviction thereof by a District Justice, be guilty of
a summary offense and shall be sentenced to pay a fine of $1,000 together
with the costs of prosecution. Each provision of this chapter violated
shall constitute a separate and distinct offense. Each day a violation
continues after notification shall constitute a separate offense.