[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 3-2-1982
as Ch. XIII, Part 5, of the 1982 Code of Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The application to the human body by the hands 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 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.
Includes a firm, partnership, association of persons, corporation,
organization or any other group acting as a unit.
No health club or massage technician may operate or practice within
the Borough of Brentwood without a license to operate or practice upon proper
application to the Mayor and the fulfillment of the requirements set forth
herein and payment of the required fee. The amount of the fee shall be as
fixed from time to time by resolution of Council.[2] Licenses granted under this chapter shall be renewed yearly and
may be revoked for any failure to comply with this chapter.
No health club shall be granted a license to operate until the fulfillment
of the following:
A.
All zoning, building, fire, electrical, plumbing and
health codes applicable to the Borough of Brentwood shall be complied with.
B.
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, pandering, obscenity, indecency or pornography.
C.
Plans and specifications of the quarters proposed to
be occupied shall be submitted to the Mayor, 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.[1]
D.
All tables, tubs, shower stalls and floors, with the
exception of reception and administrative areas, shall be of nonporous materials
which can be readily disinfected.
E.
Closed containers must be provided for wet towels and
waste material.
F.
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.
G.
As a condition of receiving a license, the owners and
operators of the health club must expressly grant access to health, plumbing,
fire, electrical and other authorized borough inspectors to any part of the
quarters of the health club for purposes of inspection at all reasonable times.
H.
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.
I.
No health club shall serve any patrons infected with
any fungus or skin infection.
J.
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.
K.
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.
L.
Nondisposal tools or equipment shall be disinfected after
use upon one patron.
M.
The applicant must have a valid lease or title to the
quarters which meet the requirements of this chapter.
N.
No body massage shall be provided to the genitals of
the patron.
A.
No person shall be granted a license to practice as a
massage technician without satisfactory proof of the following:
(1)
That the applicant is at least 18 years of age.
(2)
That the applicant has never been convicted of prostitution,
pandering, obscenity, indecency or related crimes.
(3)
That 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, contraindications of massage, physical and mechanical
exercise. In lieu of the requirements of this subsection, the applicant can
furnish equivalent credentials by way of experience and training of at least
one year's duration.
B.
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.
C.
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 office. Photographing and fingerprinting
shall be done by the Brentwood Police Department.
The Borough Code Enforcement Officer may revoke the license of a health
club or massage technician upon satisfactory proof of any of the following:
A.
That the licensee does not meet the licensing requirements
of this chapter.
B.
That the licensee has been convicted of prostitution,
pandering, obscenity, indecency, promoting prostitution, keeping or maintaining
a disorderly house or related crimes and offenses.
C.
That the licensee has diagnosed or treated classified
diseases, practiced spinal adjustments or prescribed medicines.
D.
That the licensee is guilty of fraud or willful negligence
in the practice of body massage.
E.
That the licensee is a habitual user of narcotics or
other drugs.
F.
That the licensee has allowed or permitted an unlicensed
person to perform body massage.
G.
That the licensee has provided body massage to the genitals
of any patron.
H.
That the licensee has violated any of the provisions
of this chapter or other applicable ordinances of the Borough of Brentwood
or any applicable laws of the Commonwealth of Pennsylvania or of the United
States of America. Any violation by an employee of a health club or by a massage
technician shall be considered a violation by the health club.[1]
This chapter shall be administered by the Code Enforcement Officer.
An appeal from the denial of a license or the revocation of a license shall
be filed with the Zoning Hearing Board within 15 days of such action and shall
be heard and determined by the Zoning Hearing Board within 30 days of the
filing of the appeal. The applicant or licensee shall be informed, in writing,
five days prior to the hearing of the reasons for denial or revocation of
the license. Within 45 days after completion of the hearing or any continuances
thereof before the Zoning Hearing Board, the applicant shall be notified,
in writing, of the decision of the Board, which decision shall be final.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000 and
costs of prosecution or, in default of payment of such fine and costs, to
undergo imprisonment for not more than 30 days. In addition, any health club
which is found to operate without a current license shall suffer the immediate
revocation of its occupancy permit and shall not be permitted to operate.
