[Ord. 1237, 2/23/1989, Section 1;{70} amended by Ord. 1923,
1/12/2009, Section 1]
This ordinance shall be known and may be cited as "The State
College Massage Establishment Licensing Ordinance."
[Ord. 1237, 2/23/1989, Section 2; amended by Ord. 1923, 1/12/2009,
Section 1]
For the purpose of this ordinance, the following words and phrases
shall have the meanings ascribed to them by this section:
a.
DIRECTOR
— The person in charge of the State College Borough Department
of Ordinance Enforcement and Public Health, or representative.
b.
MASSAGE
— Any method of pressure on, or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the body with the hands or with the aid of any
mechanical or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, liniments, antiseptics, oils,
powder, creams, lotions, ointments or other similar preparations commonly
used in this practice, excluding treatment provided by chiropractors,
medical practitioners and osteopaths as well as related practitioners
of the healing arts licensed by the Commonwealth of Pennsylvania.
c.
MASSAGE
ESTABLISHMENT — 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, medical clinics, the offices and quarters
of licensed health-profession practitioners and physical therapists.
d.
MASSAGE
THERAPIST — Any masseur (male) or masseuse (female) who engages
in the practice of massage for any consideration whatsoever, but shall
exclude persons licensed by the Commonwealth of Pennsylvania to practice
healing arts (i.e. medicine, osteopathy, podiatry, physical therapy,
nursing, chiropractic), barbers, beauticians and manicurists, insofar
as they deal with the head, hands and feet, and athletic trainers
when involved in a recognized school activity or sanctioned athletic
program.
e.
PERSON
— Any individual or any firm, partnership, corporation or other
association of individuals or group acting as a unit.
f.
DEPARTMENT
— The State College Borough Department of Ordinance Enforcement
and Public Health.
[Ord. 1237, 2/23/1989, Section 3; amended by Ord. 1923, 1/12/2009,
Section 1]
It shall be unlawful for any person to maintain, operate or
conduct a massage establishment in the Borough of State College without
first having obtained a Massage Establishment License from the Department
of Ordinance Enforcement and Public Health.
[Ord. 1237, 2/23/1989, Section 4; amended by Ord. 1914, 12/15/2008,
Section 11; Ord. 1923, 1/12/2009, Section 1]
a.
Each person seeking a Massage Establishment License shall submit
to the Department a written application containing such data as required
by the State College Board of Health.
b.
Each applicant shall pay to the Borough of State College, at the
time submitting the application, a non-refundable filing fee. Fees
for the application or the renewal application will be set by resolution
of Council from time to time.
c.
A license issued hereunder shall have a life or term of one year
beginning April 1, and expiring March 31 the following year for the
Massage Establishment License. An application for a renewal of said
license for one year may be filed at any time prior to the expiration
of the then-existing license. Licensees who pay their required fee
after 90 days from the date of the license fee notice shall be charged
a penalty of 20% in addition to the license fee.
d.
The license provided for in this ordinance shall be displayed conspicuously
within the massage establishment.
[Ord. 1237, 2/23/1989, Section 5; amended by Ord. 1923, 1/12/2009,
Section 1]
a.
A Massage Establishment License may be suspended or revoked by the
Department upon the occurrence of any of the following events:
(1)
The application for such License contained a false statement(s);
(2)
The Massage Therapist has violated the provisions of this ordinance;
and/or
(3)
The Massage Therapist is convicted and pleads guilty or nolo
contendere to an offense listed under the Pennsylvania Crimes Code
relating to the conduct of business in the massage establishment.
b.
The Department shall serve the Massage Establishment with written
notice of said suspension or revocation, specifying the reasons therefore,
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 the Massage Establishment.
c.
The Massage Establishment shall have the right to a hearing on said
suspension or revocation, which hearing shall be held before the Board
of Health within 10 days after the service of the notice of such suspension
or revocation, whether or not the suspension or revocation was effective
immediately. The Board of Health shall uphold, reverse or modify such
suspension or revocation.
[Ord. 1237, 2/23/1989, Section 6; amended by Ord. 1923, 1/12/2009,
Section 1]
a.
Any person known to be infected with any disease posing a threat
to public health, as determined by the Department, or who has an infected
or open lesion on any exposed portions of his/her body shall be excluded
from practicing massage.
b.
When suspicion arises as to the possibility of transmission of infection
from any Massage Therapist, the Department shall be authorized to
require any or all of the following measures:
(1)
The temporary exclusion of the Massage Therapist from the Massage
Establishment pending an adequate medical examination of the Massage
Therapist. If an infectious disease is found, the Director may continue
to exclude the Massage Therapist from the establishment until there
is no danger of disease transmission.
(2)
Restriction of the services of the Massage Therapist to some
area of work where there would be no danger of transmitting disease.
[Ord. 1237, 2/23/1989, Section 7; amended by Ord. 1923, 1/12/2009,
Section 1]
a.
Equipment: Sanitation Rules.
(1)
All establishments giving cabinet, vapor or steam baths shall
be equipped with adequate shower facilities.
(2)
All cabinets, showers, tubs, basins, massage, or steam tables,
combs, brushes, shower caps and all other equipment used shall be
thoroughly cleansed and shall be rendered free from harmful organisms
by the application of an accepted bactericidal agent.
(3)
Equipment coming in contact with the patient shall be thoroughly
cleansed followed by adequate sanitization prior to use on each individual
patient.
(4)
Impervious sheeting shall cover, full length, all tables, mattresses
or pads, directly under fresh sheets and linens.
(5)
All equipment shall be clean, well maintained, and in good repair.
b.
Building and Safety Codes. The Massage Establishment shall comply
with all building and safety codes of this Municipality and of the
Commonwealth.
c.
Fire Protection Systems. All systems, devices and equipment to detect
a fire, actuate an alarm or suppress or control a fire or any combination
thereof shall be maintained in an operable condition at all times
in accordance with the International Fire Code. Each massage establishment
shall have at a minimum, a five pound ABC fire extinguisher with a
current inspection tag on premises.
d.
Massage Lubricants, Dispensers and Storage.
(1)
Massage lubricants include, but are not limited to the following:
oils, soaps, alcohol, powders, lotions, shampoos and salts.
(2)
Massage lubricants shall be dispensed from suitable containers
in such manner as to prevent contamination.
(3)
Massage lubricants shall be stored in such manner as to prevent
contamination.
e.
Doors and Windows.
(1)
Doors and windows opening to the outside air shall be tight-fitting
and provision for the exclusion of flies, insects, rodents or other
vermin shall be provided.
(2)
Business and living quarters shall be separate. Substantial
solid partitions or walls shall extend from the floor to the ceiling,
completely separating the massage rooms from living quarters.
(3)
No massage room shall be used for any domestic purposes.
h.
Heating, Ventilation, and Lighting of Massage Rooms. All rooms in
which massage is practiced shall:
i.
Linens.
(1)
The use of unclean linen is prohibited.
(2)
All single-service materials and clean linens shall be stored
in shelves, compartments or cabinets used for that purpose only.
(3)
All single-service materials and clean linen such as sheets,
towels, gowns, pillow cases and all other linen used in the practice
of massage, shall be furnished for the use of each individual patron.
(4)
All soiled linens shall be immediately placed in a covered receptacle.
(5)
All soiled linens shall be washed in a mechanical clothes washing
machine which provides a hot water temperature of at least 140°
Fahrenheit.
j.
Personnel. Massage Therapists shall wear clean clothing.
k.
Toilets and Lavatory Facilities.
(1)
Every Massage Establishment shall be provided with a sanitary
toilet.
(2)
Lavatories with adequate supply of hot and cold water under
pressure shall be conveniently located for use by the employees and
patrons.
(3)
Toilet room doors shall be tightly fitting and the rooms shall
be kept clean, in good repair and free from flies, insects and vermin.
(4)
A supply of liquid soap and dispenser of paper towels or other
approved hand drying method shall be provided at each lavatory installation.
If cloth towels are used, clean towels shall be provided for each
individual patron. A waste receptacle for proper refuse disposal and
a dispenser supply of toilet paper shall be provided in each lavatory.
l.
Walls and Ceilings. Walls and ceilings shall be kept clean and well
maintained.
m.
Housekeeping. The premises of all Massage Establishments shall be
kept clean and free of litter or rubbish. The Massage Establishment
shall be maintained in a neat and orderly manner.
n.
Water Supply. The water supply shall be adequate, safe and sanitary.
o.
External Baths.
(1)
External baths include, but are not limited to, spa pools, showers,
tub baths, saunas and steam baths.
(2)
External baths, where applicable, shall be licensed and operated
in accordance with the Pennsylvania Department of Environmental Resources
Rules and Regulations for Public Bathing Places.
(3)
External baths where used shall be maintained in a clean and
sanitary condition.
[Ord. 1237, 2/23/1989, Section 8; amended by Ord. 1923, 1/12/2009,
Section 1]
a.
The Department shall, from time to time, make inspections of each
Massage Establishment for the purpose of determining compliance with
the provisions of this ordinance.
b.
It shall be unlawful for any person to prohibit or attempt to prohibit
an inspection when massage therapy is not in session, as provided
in Paragraph a above.
c.
Whenever an establishment shall require more than one reinspection
a charge of $50 per reinspection for each and every reinspection following
the initial reinspection shall be levied.
[Ord. 1237, 2/23/1989, Section 9; amended by Ord. 1923, 1/12/2009,
Section 1]
All licenses issued hereunder are not transferable. Said licenses
are issued only to a specific establishment.
[Ord. 1237, 2/23/1989, Section 10;{80} amended by Ord. 1923,
1/12/2009, Section 1]
Any person who violates any provision of this ordinance shall
be guilty of and liable for a summary offense and, upon conviction,
shall be sentenced to pay a fine of not less than $100 nor more than
$600 and the costs of the action. In default of payment of such fine
and costs, such person may be sentenced and committed to the Centre
County prison for a period not exceeding 30 days. Each day that a
violation exists shall constitute a separate violation.
