[Ord. 90-1, 11/5/1990, § 2]
For the purpose of this Part, the following definitions shall apply:
EMPLOYEE
Any person over 18 years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
MASSAGE
The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand, mechanical device or other means.
MASSAGE ESTABLISHMENT
An establishment which provides the service of massage, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth.
MASSAGIST, MASSEUR OR MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as defined in "massage."
PATRON
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.
PERSON
Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
PROSTITUTION
Engaging in sexual activity as a business including:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
2. 
Acts of human masturbation, sexual intercourse or sodomy.
3. 
Homosexual or other deviate sexual relations.
SEXUAL OR GENITAL AREA
Genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
[Ord. 90-1, 11/5/1990, § 3]
No person shall engage in or carry out the business of massage unless he or she has a valid massage business license issued by the Borough pursuant to the provisions of this Part for each and every separate office or place of business conducted by such person. Existing massage establishments shall submit applications for licenses within 30 days of enactment of this Part.
[Ord. 90-1, 11/5/1990, § 4]
1. 
Part shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
A. 
Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State of Pennsylvania.
B. 
Nurses who are registered under the laws of this State.
C. 
Barbers and beauticians who are duly licensed under the laws of this State except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
D. 
In any prosecution for violation of this Part, the foregoing exemptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she or the place involved are not subject to the provisions of this Part. Nothing herein contained shall be deemed to shift the burden of proof of the violation to the defendant.
[Ord. 90-1, 11/5/1990, § 5; as amended by Ord. 98-4, 9/14/1998]
1. 
Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath with the Borough Secretary upon a form provided by the Borough and pay a nonrefundable annual license fee, which shall be in an amount as established from time to time by resolution of Borough Council. The application shall contain the following information:
A. 
A definition of the service to be provided.
B. 
The location, mailing address and all telephone numbers where the business is to be conducted.
C. 
The name and residence address of each applicant (hereinafter all provisions which refer to applicant include an applicant which may be a corporation or partnership).
(1) 
If applicant is a corporation, the names, residence addresses of each of the officers and directors of a corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment.
(2) 
If applicant is a partnership, the names, residence addresses of each of the partners including limited partners and the address of the partnership itself, if different from the address of the massage establishment.
D. 
The two previous addresses immediately prior to the present address of the applicant.
E. 
Proof that the individual applicant is at least 18 years of age.
F. 
Individual or partnership applicant's height, weight, color of eyes and hair and sex.
G. 
Copy of identification such as driver's license and Social Security card.
H. 
One front-face portrait photograph of the applicant at least two inches by two inches. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers and managing agents of said corporation. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in said partnership.
I. 
Business, occupation or employment of the applicant for the three years immediately preceding the date of application.
J. 
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another municipality or State has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
K. 
All criminal convictions and guilty pleas for sexual offenses, including violations of §§ 3121 through 3127 and 5901 through 5904 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. §§ 3121 through 3127 and 5901 through 5904,[1] including the date of convictions, nature of crimes and place convicted.
[1]
Editor's Note: 18 Pa.C.S.A. §§ 3122 and 3124 were repealed 3-31-1995 by P.L. 985, No. 10.
L. 
The name and address of each massagist who is or will be employed in said establishment.
M. 
The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in Subsection 1C wherein the business or profession of massage is carried on.
N. 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
O. 
Authorization for the Borough, 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.
P. 
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
Q. 
The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. These references must be persons other than relatives or business associates.
2. 
The application shall not be accepted until all of the foregoing information is supplied to the Borough. The holder of any massage establishment license shall notify the Borough of any change in data required to be furnished by this section within 10 days after such change occurs.
[Ord. 90-1, 11/5/1990, § 6]
1. 
The Borough Secretary shall issue a license for a massage establishment if all requirements for a massage establishment or massagist permit described in this Part are met unless it is found that:
A. 
The correct permit or license 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 and Wrightsville Borough Municipal Authority's building, plumbing, sewer, water and health regulations.
C. 
The applicant, if an individual, or any of the stockholders holding more than 10% of the stock of the corporation, 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, or the manager or other person principally in charge of the operation of the business, has been convicted of or entered a guilty plea to an offense involving sexual misconduct or convicted of or entered a guilty plea to any offense without the State of Pennsylvania that would have constituted an offense of sexual misconduct if committed within the State of Pennsylvania. The Borough Council may authorize the Borough Secretary to issue a license or permit to any person who has been convicted of or has pleaded guilty to an offense involving sexual misconduct if the applicant requests Council to do so and Council finds that such conviction or plea occurred at least five years prior to the date of the application and the applicant has had no subsequent convictions or guilty pleas of any such nature.
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 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, or the manager or other person principally in charge of the operation of the business, is not over the age of 18 years.
[Ord. 90-1, 11/5/1990, § 7]
The Borough Secretary shall act to approve or deny an application for a license under this Part within a reasonable period of time and in no event shall the Borough Secretary act to approve or deny said license later than 90 days from the date that said application was accepted by the Borough Secretary. Every license issued pursuant to this Part will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked.
[Ord. 90-1, 11/5/1990, § 8; as amended by Ord. 98-4, 9/14/1998]
Should any massage business have more than one location where the business of massage is pursued, then a permit, stating both the address of the principal place of business and of the other locations shall be issued by the Borough upon the tender of a license fee in an amount as established from time to time by resolution of Borough Council for each location. Licenses issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.
[Ord. 90-1, 11/5/1990, § 9]
Every person, corporation, partnership or association licensed under this Part shall display such license in a prominent place.
[Ord. 90-1, 11/5/1990, § 10]
The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time as masseurs or masseuses. Such register shall be available at the massage establishment to representatives of the Borough during regular business hours.
[Ord. 90-1, 11/5/1990, § 11]
Any license issued for a massage establishment may be revoked or suspended by the Council after reasonable notice and a hearing conducted by Council, for good cause or in any case where any of the provisions of this Part are violated or where any employee of the licensee, including a masseur or masseuse, is engaged in any conduct which violates any of the State or local laws or ordinances at licensee's place of business and the license has actual or constructive knowledge by due diligence.
[Ord. 90-1, 11/5/1990, § 12]
All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas.
[Ord. 90-1, 11/5/1990, § 13]
No person subject to the provisions of this Part shall permit any person under the age of 18 to come or remain on the premises of any massage business establishment unless such person is on the premises on lawful business.
[Ord. 90-1, 11/5/1990, § 14]
No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m.
[Ord. 90-1, 11/5/1990, § 15]
The Borough or its authorized representatives shall from time to time make inspection of each massage business establishment for the purposes of determining that the provisions of this Part are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner.
[Ord. 90-1, 11/5/1990, § 16]
1. 
It shall be a violation of the license conditions for any person in a massage establishment to engage in prostitution.
2. 
It shall be a violation of the license conditions for any person in a massage establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any other person.
3. 
It shall be unlawful and a violation of the license conditions for any person in a massage establishment to expose his or her sexual or genital parts, or any portion thereof, to any other person or for any person in a massage establishment to expose the sexual or genital parts, or any portions thereof, of any other person.
4. 
It shall be unlawful and a violation of the license conditions for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body.
5. 
Any person owning, leasing, operating or managing a massage establishment who knowingly causes, allows or permits in or about such massage establishment any agent, employee or any other person under his or her control or supervision to perform such acts as are prohibited in Subsections 1, 2, 3 or 4 of this section shall also be in violation of such subsections.
[Ord. 90-1, 11/5/1990, § 17]
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in § 13-306; provided, however, that upon the death or incapacity of the license or any co-licensee of the massage establishment, any heir or devisee of a deceased licensee may continue the business of the massage establishment for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the license.
[Ord. 90-1, 11/5/1990, § 18]
No person granted a license pursuant to this Part shall operate the massage establishment under a name not specified in the license, nor shall be or she conduct business under any designation or location not specified in the license.
[Ord. 90-1, 11/5/1990, § 19]
It shall be unlawful for any person to knowingly allow the use of any place, business, establishment or premises owned, operated, leased or managed by him or her to be used in violation of any of the provisions of this Part.
[Ord. 90-1, 11/5/1990, § 20]
No license or permit shall be transferable except with the consent of the Borough and ratified by the Council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in §§ 13-304 and 13-307. The written application for such transfer shall contain the same information as requested herein for initial application for the permit.
[Ord. 90-1, 11/5/1990, § 22; as amended by Ord. 98-4, 9/14/1998]
Any person, firm or corporation who shall violate any provision of this Part shall be, upon conviction thereof, sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.
[Ord. 90-1, 11/5/1990, § 23]
Council may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this Part, and this Part shall in no way restrict any remedies otherwise provided by law.