[Adopted 1-9-1986 by Ord. No. 970 (Ch.
151 of the 1999 Code)]
As used in this Part, the following definitions
shall apply:
Any application to the human body by the hands or mechanical
apparatus; or any touching, stroking, friction, kneading, vibration,
percussion; or any application of substances of any kind to the human
body, including but not limited to oil alcohol rubs, mechanotherapy,
hot or cold packs, heat, cold, salt glows; or the placement of the
body in a cabinet, shower, sitz, Jacuzzi, sauna, vapor, steam or any
other type of bath.
Any establishment which offers service in the form of body
massage, baths, exercises or similar or related services, whether
or not in combination, to club members or the general public for a
charge, fee or donation; but shall exclude hospitals, nursing homes,
medical clinics and the offices of licensed health profession practitioners.
Any person, whether or not identified as a masseur or masseuse,
who administers in whole or in part, or who is involved in administering
in whole or in part, a body massage to any person for a charge, fee
or donation, or as an employee, agent or independent contractor of
any health club or any person offering a body massage; but the foregoing
shall exclude licensed health profession practitioners. The foregoing
shall also exclude barbers, beauticians and manicurists insofar they
confine their services to those generally performed in the course
of these trades to the head, hands and feet.
Any firm, partnership, sole proprietorship, corporation,
organization or any other entity or any individual, or any massage
technician or any employee, agent or independent contractor of any
of the foregoing.
[Amended at time of adoption of Code (see AO)]
No health club or massage technician shall operate
or practice within the Borough of Homestead without a license. For
the purposes of this Part, a license shall be required for each place
of business in the Borough of Homestead operated by a health club,
obtained upon proper application to the Borough Secretary and payment
in full with said application of the fee as set from time to time
by the Borough Council. Licenses granted under this Part shall be
renewed annually upon proper application to the Borough Secretary,
fulfillment of the requirements of this Part and payment in full with
said application of the fees prescribed in this section. Any license
granted under this Part shall be revoked for any failure to comply
with the same.
No health club shall be granted a license to
operate within the Borough of Homestead until it has fulfilled, and
at all times observes, the following:
1.
The health club
must at all times be in compliance with all applicable zoning, building,
fire, electrical, plumbing and health codes.
2.
The application
for license shall include the names of all owners, stockholders, bondholders,
directors, officers, partners, managing personnel and employees, their
addresses, social security numbers, dates of birth, occupations and
satisfactory proof for each of the foregoing that they have not been
convicted of any felony or any crime relating to laws pertaining to
prostitution, obscenity, indecency, pornography, promoting prostitution,
keeping a disorderly house or any other crime involving a moral turpitude.
3.
The plans and
specifications of any and all premises proposed to be occupied shall
be submitted to the Homestead Borough Building Inspector, which shall
include details of all entrances, partitions, windows, openings, ventilations,
plumbing fixtures, water supply and waste and vent connections. All
such premises must be equipped with separate toilet and lavatory facilities
for patrons of each sex and separate toilet and lavatory facilities
for personnel of each sex. A service sink for custodial purposes only
must also be provided. No part of said premises shall be used for
or connected with any bedroom or sleeping facilities or quarters.
4.
Any and all tables,
tubs, cabinets, saunas, sitz, Jacuzzis, showers, vapor or steam rooms
and all floors and other exposed surfaces within the premises of the
health club shall be of nonporous materials which are readily disinfectible.
5.
Separate containers
must be provided for wet or used towels and waste material.
6.
The premises
of the health club shall at all times be maintained in a clean and
sanitary condition and shall be treated throughout with disinfectants
on a daily basis.
7.
The owner(s)
and operator(s) of the health club must grant access to health, plumbing,
fire, electrical and other authorized Borough inspectors to any and
all parts of the premises of the health club for the purposes of inspecting
and assuring compliance with this Part at all reasonable times. Such
inspections shall be a precondition to the issuance of any license
pursuant to this Part and any renewal thereof.
8.
The health club
shall require and maintain on file for inspection, certificates of
good health issued by a licensed physician of good standing and reputation
for all massage technicians and all other persons practicing any of
the services of the health club. Such certificates shall be renewed
every six months.
9.
No health club
shall serve any person infected with any fungus, skin infection, skin
rash, skin irritation, venereal disease, Acquired Immune Deficiency
Syndrome (AIDS), open cuts, sores, blisters or open wounds. Further,
no massage technician or other person as defined in this Part shall
be permitted upon the premises of any health club, nor shall any massage
technician or other person perform a body massage anywhere in the
Borough of Homestead, or provide any services for or on behalf of
any health club anywhere within the Borough, if said massage technician
or other person has any of the afflictions recited in this subsection.
10.
All massage
technicians and any other persons providing any services for or on
behalf of any health club shall wash his or her hands in hot, running
water, using proper soap or disinfectants, before providing any services.
11.
All towels,
tissues, sheets or other laundrable or disposable materials shall
be used singularly for each health club patron and discarded for laundry
or disposal immediately after use. All other materials shall be disinfected
immediately after use upon each patron.
12.
The applicant
must have a valid lease or title to the premises which satisfies the
requirements of this Part, and the applicant must at all times be
in compliance with all applicable Homestead Borough ordinances; and
must at all times have paid in full, and remain current in the payment
of all taxes, fees, fines and charges or assessments imposed by reason
of said ordinances or for the benefit of the Borough of Homestead.
The applicant must also be in compliance at all times with all laws
of the Commonwealth of Pennsylvania and the United States and all
regulations promulgated thereby.
13.
No body massage
or other services shall be provided to the genitals of any person,
nor shall any body massage or other services be provided by a person
to a person of the opposite sex.
No person shall be granted a license to practice as a massage
technician without satisfactory proof of the following:
1.
The applicant is at least 18 years of age.
2.
The applicant has never been convicted of any felony
or any crime relating to laws pertaining to prostitution, obscenity,
indecency, pornography, promoting prostitution, keeping a disorderly
house or any other crime involving a moral turpitude.
3.
The applicant has a diploma from a recognized school
of massage having a curriculum approved by the Pennsylvania Department
of Education certifying he or she has completed 400 hours of study
in the basic subjects of anatomy, physiology, hygiene, hydrotherapy,
techniques of massage, clinical internship, contraindications of massage,
physical and mechanical exercise.
4.
In lieu of Subsection 3 the applicant may furnish equivalent credentials by way of satisfactory proof of experience and training of at least one year in duration as a massage technician at a health club or health clubs licensed throughout the term of said duration pursuant to this Part or pursuant to a similar municipal ordinance in any municipality in the Commonwealth of Pennsylvania.
5.
The license shall contain a photograph of the massage
technician and shall be carried on the person of the massage technician
or conspicuously displayed in the Health Club wherein the massage
technician practices.
6.
The application for a license shall contain the
name, address, social security number, photograph and fingerprints
of the applicant and shall be kept on file in the Borough Secretary's
office.
The Borough Secretary shall revoke the license
of any health club or any massage technician upon satisfactory proof
of any of the following:
1.
The licensee
has diagnosed or treated classified diseases, practiced spinal adjustments,
prescribed medicines or performed any services or treatments which
are traditionally within the services or treatments licensed to be
performed by health profession practitioners.
2.
The licensee
has tortiously rendered services.
3.
The licensee
is a user, supplier or procurer of narcotics or other illegal drugs.
4.
The licensee
has permitted an unlicensed person to perform a body massage.
5.
The licensee
has violated any of the provisions of this Part. For the purposes
of this Part, any violation of this Part by a massage technician or
other person in any manner connected with a health club shall be deemed
to also be a violation by said health club.
The owner or operator of any health club may,
as of the effective date of this Part, apply for a grace period not
to extend six months in order to comply with § 13-803.3
and 4 of this Part. Such a grace period shall be granted by the Borough
Secretary upon satisfactory proof of hardship with compliance with
the provisions of said subsections immediately upon the effective
date hereof.
This Part shall be administered by the Borough
Secretary and such other persons as may from time to time be designated
by the Homestead Borough Council to assist the Secretary. An appeal
from either the denial of a license or the revocation of a license
shall be in writing and be filed with the Borough Secretary's office
within 15 days of the date of said denial or revocation and shall
be heard and determined by the Homestead Borough Council not later
than 45 days after the receipt of said appeal by the Borough Secretary's
office. The denial or revocation of a license and any determination
by the Borough Council shall be in writing and shall state the reasons
therefor. For the purposes of this Part, the term "satisfactory proof"
shall mean such proof as is satisfactory to the Borough Secretary
within the proper exercise of discretion by the Secretary. At all
times the burden of production, persuasion and proof shall be on those
contesting the actions of the Borough Secretary, the Borough Council
and the Borough.
[Amended at time of adoption of Code (see AO)]
Any person who violates this Part shall be guilty
of a summary offense and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. The
continuation of such violation for each successive day shall constitute
a separate offense and the person or persons allowing or permitting
the continuation of a violation also shall be punished as provided
herein for each such offense. Additionally, a health club which is
found to operate without a current valid license, or is found to employ
unlicensed persons to perform body massages, shall suffer the immediate,
automatic and permanent revocation of any occupancy permit issued
to it and it shall not be permitted to operate within the Borough
of Homestead.
