[HISTORY: Adopted by the City of Council of the City of Chester 9-7-1977 by Ord. No. 19-1977 (Art. 1145 of the 1978 Codified Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety and welfare by enacting rules and regulations governing massage establishments which:
A. 
Requires the licensing of any individual, partnership, firm, association, joint-stock company, corporation or combination of individuals of whatever form or character engaged in the business of massage.
B. 
Requires inspections of massage establishments by the Health Officer of the City or his agents to insure their compliance with the Public Health Code and such regulations governing and applicable to massage parlors, establishments and businesses.
C. 
Authorizes the Chief of Police or his agents to make inspection of each massage establishment for the purpose of determining that the provisions of this chapter are fully complied with.
D. 
Fixes the operating requirements for massage parlors, establishments or businesses.
E. 
Provides for enforcement of regulations and penalties for the violations thereof.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
EMPLOYEE
Means 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.
LICENSEE
Means the person to whom a license has been issued to own or operate a massage establishment, or to act in the capacity of a massagist - masseur or masseuse - as defined herein.
MASSAGE
Means any method, act or art of treating the body by rubbing, kneading, stroking, tapping, pounding, vibrating or stimulating any part of the human body, to increase circulation and/or suppleness, or the like, for any purpose whatsoever, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give some other consideration or gratuity therefor.
MASSAGE ESTABLISHMENT
Means any establishment having a source of income or compensation derived from the practice of massage as defined herein and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined herein.
MASSAGIST
Means any person who, for any consideration whatsoever, engages in the practice of massage as defined herein.
A. 
MASSEURMeans any male who provides or engages in the practice of massage as defined herein.
B. 
MASSEUSEMeans any female who provides or engages in the practice of massages as defined herein.
PATRON
Means 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 some other consideration therefor.
PERSON
Means any individual, partnership, firm, association, joint-stock company, corporation or combination of individuals of whatever form or character.
SEXUAL OR GENITAL AREA
Means genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or the breast of a female.
No person shall engage in or carry out the business of massage, or operate any premises used in the massage business unless he has obtained and possesses a valid massage business license issued by the Bureau of Health of the City pursuant to the provisions of this chapter for each and every separate place of business conducted by such person.
No person shall engage in the business of or shall practice massage as a massagist, employee or otherwise, unless he has obtained and possesses a valid and subsisting massagist license issued to him by the Bureau of Health of the City.
Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath with the office of the City Clerk upon a form provided by the Bureau of Health. The applicant shall provide all such information as the Bureau of Health may require. Copies of the applications shall be referred to the Department of Public Safety for investigation to determine compliance of proposed massage establishment with the health and safety codes of the City. The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications.
The following license fees shall be paid by applicants in order to procure a license under this chapter:
A. 
Every applicant for a license to maintain, operate or conduct a massage establishment shall pay a nonrefundable annual license fee of $100 per year or any part thereof.
B. 
Every applicant for a massagist license shall pay a nonrefundable annual license fee of $75 per year or any part thereof.
Every person, corporation, partnership or association licensed under this chapter shall display such license conspicuously and in a prominent place.
[Amended 11-23-1977 by Ord. No. 24-1977]
A. 
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 and their license numbers. Such register shall be available at the massage establishment to representatives of the City during regular business hours.
B. 
Masseurs or masseuses shall have a physical examination and a venereal disease research lab (VDRL) test or similar test by a licensed medical practitioner every six months and the results thereof shall be on file at the massage establishment and a copy shall be sent to the Bureau of Health.
The provisions of this chapter shall not apply to the individuals, situations or institutions enumerated in this section.
A. 
The following individuals are exempt from this chapter while engaged in the personal performance of the duties of their respective professions:
(1) 
Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the Commonwealth.
(2) 
Nurses who are registered under the laws of the Commonwealth.
(3) 
Barbers and beauticians who are duly licensed under the laws of the Commonwealth, 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.
B. 
This chapter shall not apply to massage treatments given:
(1) 
In a regularly established medical center, medical office, hospital, sanitarium, nursing home or convalescent center.
(2) 
In a residence where a person is under the care of a licensed physician and massage treatments are being given at the direction of such physician.
A. 
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and shall be operated in a sanitary condition.
B. 
Price rates for all services shall be conspicuously and prominently posted in the reception area in a location available to all prospective customers.
C. 
All employees, including masseurs and masseuses, shall be clean and shall wear clean, nontransparent outer garments, covering the sexual and genital area, which use of such garments is restricted to the massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing room shall open inward and shall be self-closing.
D. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.
E. 
No massage establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, any alcoholic beverages on the premises of any massage business.
The Chief of Police or his authorized representatives shall from time to time make inspection of each massage business establishment for the purposes of determining that the provisions of this chapter are fully complied with. No permittee shall fail to allow such inspection officer access to the premises or hinder such officer in any manner.
A. 
It shall be unlawful for any person holding a permit under this chapter to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given. The requirements of this section shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor or in a regularly established and licensed hospital or sanitarium.
B. 
No person in a massage parlor shall 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.
C. 
No person, in a massage parlor, shall expose his or her sexual or genital parts, or any portion thereof, to or of any other person.
D. 
No person while in the presence of any other person in a massage parlor, shall fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.
E. 
No person owning, operating, or managing a massage parlor, shall knowingly cause, allow or permit in or about such massage parlor, any agent, employee or any other person under his control or supervision to perform such acts prohibited in this section.
[Amended 6-6-1990 by Ord. No. 4-1990]
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator or acting as a participant or worker, who in any way, directly or indirectly, gives massages or operates a massage establishment or any of the services defined in this chapter without first having obtained a license or permit from the Bureau of Health and having paid the appropriate fee to the City, as provided in this chapter, or who shall in any way violate any provision of this chapter shall, upon conviction in a summary proceeding, be fined not more than $600 for each offense and costs, and in default of payment thereof, shall be imprisoned not more than 90 days.