[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 8-30-2018 by Ord. No. 2018-08. Amendments noted where applicable.]
Zoning — See Ch. 155.
It is the purpose and intent of the Board of Commissioners that the operation of massage businesses be regulated in the interests of public health, safety, and welfare by providing minimum building, sanitation, and health standards. It is the intent of this chapter to enact regulations to ensure that massage businesses conduct their services in a lawful and professional manner. The Board of Commissioners finds that existing controls have not satisfactorily addressed or regulated serious criminal and public health problems, nor have the existing controls regulated the profession so as to sufficiently encourage compliance with state and local laws.
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
- Any person who gives massages to, or attends in any other way upon, patrons of a massage business.
- The person or entity to whom a massage business license has been issued to own or operate a massage business as defined herein.
- Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft 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, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
- MASSAGE BUSINESS
- Any establishment having a fixed place of business where any person engages in, carries on, or permits to be engaged in or carried on the practice of massage as is defined above. This term shall exclude licensed hospitals, licensed nursing homes, medical clinics, and the offices and quarters of licensed health profession practitioners. A massage business shall also include a location where sauna baths, Turkish baths, Swedish baths or the like are made available to members of the public.
- MASSAGE THERAPIST
- An individual licensed by the Pennsylvania State Board of Massage Therapy to practice massage therapy.
- MASSAGE THERAPY
- As defined in the Massage Therapy Act (63 P.S. § 627.1 to § 627.50), (the "Act"), as the Act may be amended from time to time, the application of a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client without limitation, except as provided in the Act. The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electro-mechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability, a medical procedure, a chiropractic manipulation—adjustment, physical therapy mobilization—manual therapy, therapeutic exercise, electrical stimulation, ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts is required. The term also shall not include barbers and beauticians who are duly licensed by the commonwealth and massage the neck, face, scalp or hair of their patrons.
- Any individual, or any firm, partnership, corporation or other association of individuals or group acting as a unit.
It shall be unlawful for any person to own or operate a massage business in the Township of Caln without first having obtained a valid massage business license from the Township. A separate massage business license is required for each location if a person maintains, manages, operates, conducts, controls or owns multiple massage businesses at different locations.
Each person seeking a massage license shall submit to the Township's Department of Building and Life Safety a written application containing the following:
A description of service(s) to be provided;
The location(s), mailing address(es), and all telephone numbers where the business is to be conducted within the Township;
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);
If applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation, along with the address of the corporation itself, if different from the address of the massage establishment;
If applicant is a partnership, the names and 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;
The two previous addresses immediately prior to the present address of the applicant;
Proof that the applicant is at least 18 years of age;
The massage or similar business license history of the applicant, whether the person has had a business license revoked or suspended in another state or municipality and the reasons therefor;
All criminal convictions other than summary traffic violations, including dates of convictions, nature of crimes, and place of conviction;
The name and address of each massage therapist who is or will be employed in the establishment;
Proof of massage therapy licensure with the Pennsylvania State Board of Massage Therapy for all massage therapists employed by the business;
The name that the business shall operate under;
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
Authorization for the Township, 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 license; and
The application shall be made under oath before a notary public or other officer of the Commonwealth of Pennsylvania authorized to administer oaths.
Each applicant shall pay to the Township at the time of submitting the application a nonrefundable filing fee in an amount determined by resolution of the Board of Commissioners for an original application and for each renewal application.
A license issued hereunder shall have a term of one year from the date of issuance. An application for renewal of said license for one year may be filed at any time prior to the expiration of the then-existing license.
Within 30 days after receiving a complete application for a massage business license, the Township's Department of Building and Life Safety may issue said license to the applicant unless the Department finds:
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the Township's building, zoning, and health regulations;
The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the Township in conjunction therewith; and
The applicant has had a massage business, massage therapy, or other similar license denied, revoked, or suspended by the Township or any other state or municipality within five years prior to the date of the application.
Every licensee under this chapter shall display the license in a prominent place within the business, such as a front window or on the wall of the reception area inside the entrance to the business.
Any licensee under this chapter shall maintain a register of all persons employed at any time by the business, including identification card or driver's license, social security card, passport, or other valid work permit or documentation.
The licensee shall keep a written record of the date and hour of each massage service; the name and address of each client; the name of the massage therapist administering the service and the address at which the service was provided and the type of service administered. Such written record shall be open to inspection by Township officials including the police department for the administration and enforcement of the Caln Township Code and all applicable state laws. Such records shall be maintained on the premises of the massage business for a period of two years.
Both employee and patron registers shall be available at the licensed massage business for inspection by Township employees during regular business hours.
Any license issued to a massage business under this chapter may be revoked or suspended by the Township after notice and a hearing, for good cause shown, in any case where any of the provisions of this chapter are violated or where any employee of the licensee, including a massage therapist, is engaged in any conduct which violates any laws of the Commonwealth of Pennsylvania or ordinances of the Township at the licensee's place of business.
A license issued to a massage business may also be revoked or suspended by the Township after notice and hearing, on the recommendations of the Department of Building and Life Safety that the business is being managed, conducted, or maintained without regard to proper sanitation and hygiene in violation of any federal, state, county or Township ordinance or regulation.
The provisions of this section shall constitute terms and conditions and operating regulations applicable to each massage business licensed in the Township. It shall be unlawful for any person to violate these provisions.
All massage therapists employed by the business shall maintain massage therapy licenses in good standing as issued by the State Board of Massage Therapy and shall comply with the Pennsylvania State Board of Massage Therapy's regulations for massage therapists found in Chapter 20 of the Pennsylvania Code, as may be amended from time to time.
Editor's Note: See 49 Pa. Code Chapter 20, State Board of Massage Therapy.
It shall be unlawful for any massage business to provide massage in exchange for money or any other thing of value, or for checks, credit or any other representation of value, unless all individuals employed by the massage business to perform massage, whether as an employee, independent contractor, sole proprietorship, or otherwise, maintain massage therapy licenses in good standing as issued by the State Board of Massage Therapy.
Massage in exchange for money or any other thing of value, or for checks, credit or any other representation of value shall be provided or given only between the hours of 7:00 a.m. and 10:00 p.m.
The premises on which a massage business is operated or conducted shall be open only between the hours of 7:00 a.m. and 10:00 p.m.
All clients shall enter and exit exclusively through the front door of the massage business. The front door shall be the door facing the street, or, if no such door exists, the door that is most visible to members of the public passing by the massage business.
The exterior windows and doors fronting a public street, highway, walkway, or parking area shall not block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
A list of services available shall be displayed in an open and conspicuous manner in a public place within the premises and shall be described in readily understandable language. No person shall perform or offer to perform any service other than those posted.
The licensee shall, at all times, have an adequate supply of clean sanitary towels, coverings and linens. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client.
The licensee shall provide separate massage rooms and separate dressing facilities if male and female clients are to be treated simultaneously on the same massage business premises, unless there is consent from the male and female clients to receive massage on separate massage tables in the same room.
Massage businesses shall not contain sleeping quarters on the premises. There shall be no room or space used for sleeping, living or residential uses on the massage business premises.
No person shall enter or remain in any part of the premises of a massage business, or conduct, operate, be employed by or provide massage while in the possession of, consuming, or using any alcoholic beverage or drugs except for medication provided pursuant to a prescription issued by a physician duly licensed to practice in the Commonwealth of Pennsylvania. The licensee, owner, operator, manager or massage therapist shall not permit any such person to enter or remain on such premises.
No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written shall be stored or kept on the premises of a massage business.
No person shall be employed in a massage business or perform massage or manage or hold an ownership interest in a massage business who is not at least 18 years of age.
No massage business shall be open for business without having at least one massage therapist who holds a valid massage therapist license issued by the Commonwealth of Pennsylvania present on the premises during all business hours.
A licensee shall immediately notify the Township's Department of Building and Life Safety of any of the following occurrences:
Arrests of any owners, managers, employees, or massage therapists for an offense other than a misdemeanor traffic offense.
Resignations, terminations, or transfers of massage therapists employed or otherwise retained by the licensee to provide massage.
Any event involving the massage business, licensee and/or massage therapist that constitutes or may constitute a violation of this chapter, Caln Code, or state or federal law.
The Caln Township Police Department and/or the Department of Building and Life Safety shall have the authority from time to time to inspect each massage business within the Township for the purposes of determining that the provisions of this chapter are fully complied with.
Any license granted herein is nontransferable except upon the death of the licensee. Any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the massage business for a reasonable period of time, not to exceed 60 days, to allow for the orderly transfer of the license to the heir or devisee.
No person who is issued a license pursuant to this chapter shall operate under a name not specified in his or her license, nor shall he/she conduct business under any designation or location not specified in his license.
The provisions of this chapter shall not apply to the following classes of persons while engaged in the performance of the duties of their respective professions:
Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Pennsylvania.
Nurses registered under the laws of the Commonwealth of Pennsylvania.
Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Pennsylvania while engaging in practices within the scope of their licenses, limited solely to the massaging of the neck, face, scalp, feet up to the ankle, or hands up to the wrist of the client.
Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the Commonwealth of Pennsylvania.
Accredited high schools, junior colleges, and colleges or universities where coaches and trainers are acting within the scope of their employment.
Trainers of amateur, semiprofessional or professional athletes or athletic teams.
Any person who violates any provision of this chapter shall, upon summary conviction before any District Justice, pay a fine not exceeding $1,000 and costs of prosecution; and, in default of the payment of the fine and cost, the violator may be sentenced to the county jail for a term of not more than 30 days.