For the purposes of this Part 6, the following terms are defined as follows:
The application to the human body by the hands, feet, or
mechanical apparatus, any touching, stroking, friction, kneading,
vibration, percussion, oil, alcohol rubs, mechanotherapy, hot or cold
packs, heat, cold, salt glows, cabinet, tub shower, sitz, sauna, vapor,
steam, or any other special type of bath.
Any establishment which offers service in the form of Body
Massage, baths, exercises, or similar services in combination to club
members or to the public for a charge, fee or donation; but shall
exclude hospitals, nursing homes, medical clinics and the office or
quarters of physicians, chiropractors and other licensed health profession
practitioners.
Any masseur (male) and masseuse (female) who administers
Body Massage to any other person for a charge, fee or donation; but
shall exclude persons licensed by the Commonwealth of Pennsylvania
to practice medicine, chiropractic, osteopathy, podiatry, nursing
and physical therapy; and barbers, beauticians and manicurists insofar
as they deal with the head, hands and feet.
No Health Club or Massage Technician may operate or practice within the Municipality without a license to operate or practice upon proper application to the Manager and the fulfillment of the requirements set forth herein and payment of a fee of $100 per annum for a Health Club and $50 per annum for a Massage Technician. Licenses granted under this Part 6 shall be renewed yearly and may be revoked for any failure to comply with this Part 6.
No Health Club shall be granted a license to operate until the
fulfillment of the following:
603.1.
Compliance with all zoning, building,
fire, electrical, plumbing and health codes applicable to the Municipality.
603.2.
An application for a license shall include the names of all
owners, stockholders and managing personnel, their addresses, occupations
and satisfactory proof that they have not been convicted of any violation
of laws proscribing prostitution, obscenity, indecency or pornography.
603.3.
Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Manager, which shall include details of
entrances, partitions, windows, openings, ventilation, plumbing fixtures,
water supply, waste and vent connections. Such quarters must be equipped
with separate toilet and lavatory facilities for patrons and personnel
and a service sink for custodial services. No part of the quarters
may be used for or connected with any bedroom or sleeping quarters.
603.4.
All tables, tubs, shower stalls and floors, with the exception
of reception and administrative areas, shall be of nonporous materials
which may be readily disinfected.
603.5.
Closed containers must be provided for wet towels and waste
material.
603.6.
All equipment, shower stalls, toilets, lavatories, tubs, cabinets
and other accouterments of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
603.7.
As a condition of receiving a license, the owners and operators
of the Health Club expressly must grant access to health, plumbing,
fire, police and authorized inspectors to any part of the quarters
of the Health Club for the purposes of inspection at all reasonable
times.
603.8.
The Health Club must require and retain on file certificates
of good health issued by a licensed physician for all employees practicing
any services of the Health Club. Such certificates shall be renewed
every six months.
603.9.
No Health Club shall serve any patrons infected with any fungus
or skin infection.
603.10.
All personnel shall wash his or her hands in hot,
running water, using proper soap or disinfectants, before giving any
service or treatment to each separate patron.
603.11.
All towels and tissues, all sheets or other coverings
shall be used singularly for each patron and discarded for laundry
or disposal immediately after use.
603.12.
Non-disposable tools or equipment shall be disinfected
after use upon one patron.
603.13.
The applicant must have a valid lease or title to the quarters which meet the requirements of this Part 6.
603.14.
No Body Massage shall be provided to the genitals
of the patron.
No person shall be granted a license to practice as a Massage
Technician without satisfactory proof that:
604.1.
The applicant is at least 18 years
of age.
604.2.
The applicant has never been convicted of prostitution, obscenity,
indecency, or related crimes.
604.3.
The applicant has a diploma from a recognized school of massage
having a curriculum approved by the Pennsylvania Department of Education,
certifying that he or she has completed 400 hours of study in the
basic subjects of anatomy, physiology, hygiene, hydrotherapy, technique
of massage, clinical internship, contra-indications of massage, physical
and mechanical exercise.
604.4.
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 is employed.
604.5.
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 Municipal Office. (Photographing
and fingerprinting shall be done by the Municipal Police Department.)
The Manager may revoke the license of a Health Club or Massage
Technician upon satisfactory proof of any of the following:
605.2.
That the licensee has been convicted of prostitution, obscenity,
indecency, promoting prostitution, keeping or maintaining a disorderly
house, or related crimes and offenses.
605.3.
That the licensee has diagnosed or treated classified diseases,
practiced spinal adjustments, or prescribed medicines.
605.4.
That the licensee is guilty of fraud or willful negligence in
the practice of Body Massage.
605.5.
That the licensee is a habitual use of narcotics or other drugs.
605.6.
That the licensee has allowed or permitted an unlicensed person
to perform Body Massage.
605.7.
That the licensee has violated any of the provisions of this Part 6 or other applicable provisions of the Mt. Lebanon Code, or any ordinances of the County of Allegheny, or any laws of the Commonwealth of Pennsylvania, or any laws of the United States of America. Any violations by an employee of a Health Club or by a Massage Technician shall be considered a violation by the Health Club.
The issuance of any license shall not constitute acceptance
by the Municipality of any liability for anything in connection therewith.
This Part 6 shall be administered by the Manager of licensing officer appointed by him.
Any license applicant or holder aggrieved by the action of the Manager in denying or revoking a license, or by any other adverse determination of the Manager taken pursuant to the provisions of this Part 6, shall have the right of appeal to the Commission pursuant to the procedures set forth in the Administrative Code, Chapter 1, §1-128.
