[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-6-1959 by Ord.
No. 19]
Every transient merchant, peddler or solicitor
engaged in the selling, soliciting or canvassing of goods, wares or
things of value or the receiving of services or things of value is
forbidden to visit private places of business or residences without
first having received from the Chief of Police of Lower Providence
Township a license permitting such selling, soliciting or canvassing.
[Added 5-24-1990 by Ord. No. 351[1]]
No person licensed as a peddler or solicitor
under this article shall engage in peddling or soliciting at any time
on Sunday or upon any other day of the week before 9:00 a.m. or after
either 8:00 p.m. or sunset, whichever occurs sooner. Furthermore,
no person licensed as a peddler or solicitor under this article shall
approach or otherwise call upon private places of business or residences
where a notice has been placed indicating that the occupant does not
wish to be solicited.
The Board of Supervisors of Lower Providence
Township shall be empowered to make and provide such rules and regulations
from time to time as may be necessary to supervise any such transient
merchant, peddler or solicitor concerning the manner in which such
person may engage in selling, soliciting or canvassing, the information
required to obtain a license, the cost of such license fee and any
other proper and necessary regulation to protect the health, safety,
welfare and morals of the citizens of Lower Providence Township.
[Amended 3-14-1983 by Ord. No. 295]
Any such transient merchant, peddler or solicitor
who engages in the selling, soliciting or canvassing of goods aforesaid
without first having obtained a license from the Chief of Police of
said Township or without having complied with the rules and regulations
prescribed by the Township Supervisors shall, upon conviction in a
summary proceeding, be subject to a fine of not more than $300, plus
costs of prosecution; provided, however, that each day's violation
of any of the provisions of this article shall constitute a separate
offense.
[Added 5-24-1990 by Ord. No. 351]
If any section, sentence, clause or phrase of
this article shall be construed to be unconstitutional or invalid
by act of a court with competent jurisdiction, the remaining provisions
hereof shall remain in full force and effect.
[Added 5-24-1990 by Ord. No. 351]
Any and all other Township ordinances inconsistent
herewith are hereby repealed.
This article shall become effective five days
after adoption as required by law.
[Adopted 3-7-2019 by Ord.
No. 658]
The Lower Providence Township Board of Supervisors finds as
follows:
A.
That those businesses or enterprises known as massage businesses
or massage establishments, as hereinafter defined, frequently operate
in violation of the laws of the Commonwealth of Pennsylvania;
B.
That in many instances unsanitary and otherwise unhealthful conditions
exist in those businesses or enterprises known as massage businesses
and massage establishments, as those terms are hereinafter defined;
and
A.
MASSAGE
MASSAGE BUSINESS
MASSAGE ESTABLISHMENT
MASSAGE PROVIDER
MASSAGE TECHNICIAN
PERSON
RECOGNIZED SCHOOL
SEXUAL OR GENITAL AREA
TOWNSHIP OFFICIAL
The following words, terms, and phrases, when used in this article,
shall have the following meanings ascribed to them:
Any method of treatment or therapy of the superficial soft
parts of the body by rubbing, stroking, tapping, pressing, shaking,
or kneading with the hands, feet, or elbow, and similar therapeutic
practices whether or not aided by any mechanical or electrical apparatus,
appliances, or supplementary aids such as rubbing alcohol, liniments,
antiseptic oils, powders, creams, lotions, ointments, or other similar
preparations commonly used in this practice.
The administering of a massage in return for the payment
of a fee or other compensation or consideration to the person administering
the massage either directly or indirectly.
Any place in the Township where massages are administered
for the payment of a fee or other compensation or consideration, but
not including a hospital, nursing home, medical clinic or the office
of a physician, surgeon, physical therapist, chiropractor or osteopath,
currently licensed as such by the Commonwealth of Pennsylvania, or
to include barbershops or beauty salons in which massages are administered
only to the scalp, face, neck or shoulders, or any athletic program
of an accredited junior and senior high schools or college in which
a massage is administered by a trainer within the scope of such athletic
program.
Any massage establishment as defined herein or any massage
technician as defined herein.
Any person who administers a massage to another as a part
of a massage business, but not including a physician, surgeon, chiropractor,
osteopath, physical therapist or nurse, currently licensed as such
by the Commonwealth of Pennsylvania, or any coach and trainer of an
athletic program of an accredited junior and senior high schools or
college in which a massage is administered by such coach or trainer
within the scope of such athletic program.
Any individual, association, firm, partnership, limited partnership,
corporation, trust or other legally recognized entity.
Any school or educational institution licensed and accredited
to operate as a school or educational institution in the state in
which it is located or any school recognized or approved by the American
Massage and Therapy Association, Inc.
The genitals, pubic area, buttocks, anus or perineum of any
person and the vulva and breasts of a female.
A member of the Police Department or an official assigned
to enforce the Code.
B.
In this article, any word used in the singular shall include the
plural, and any word used as a plural shall include the singular,
and the masculine shall include the feminine and the neuter.
A.
No person shall engage in a massage business (including as a massage
technician) unless such person shall possess a valid license issued
pursuant to the provisions of this article, and no person shall operate
a massage establishment at any place within the Township unless a
valid license is issued pursuant to the provisions of this article
for each and every such establishment.
B.
Application.
(1)
Fee. Any person desiring to obtain a license to engage in a massage
business or operate a massage establishment shall submit an application
to the Township Official. A fee shall accompany the submission of
the application to defray the costs of administration and investigation.
The amount of the fee shall be $250, or a different amount as may
be from time to time set by resolution of the Township of Lower Providence.
(2)
Contents. Any person desiring to obtain a license to engage in a
massage business or operate a massage establishment shall file a fully
completed written application with the Township Official on a form
to be provided by the Township Official. The application form shall
include a criminal release form to enable the Township Official to
investigate the criminal offense history of any applicant.
C.
Investigation. Applications for licenses for massage therapy technicians
shall be referred to the Lower Providence Police Department, which
shall cause an investigation to be made and report the findings to
the Township Official. Applicants shall cooperate with any investigation
conducted pursuant to the provisions of this article and shall permit
access to the proposed place of business and facilities in conjunction
with such investigation. In addition, each applicant for licenses
for a massage therapy technician must submit the following:
(1)
Two forms of identification issued by either the federal or state
government with one containing a photograph.
(2)
FBI criminal background check per the directions at FBI website (must
be the sealed and unopened envelope from FBI).
(3)
Certified state police criminal background check for the state in
which they reside (must be notarized).
(4)
Signed release permitting Lower Providence Police Department to conduct
local records check.
D.
Granting of license. Within 60 days of the receipt of an application
and fee, the Township Official shall either grant or deny license
applied for by the applicant. The license shall be granted provided
that:
(2)
No person whose name appears on the application, including owners and prospective employees, has been convicted of or entered a plea of guilty to any felony or has a felony charge currently pending or has forfeited bail or has been convicted of or pleaded guilty to a violation of Chapter 31 (pertaining to Sexual Offenses) or Section 5902 (pertaining to prostitution and related offenses) of the Crimes Code[2] of the Commonwealth of Pennsylvania, or any law of any
other jurisdiction involving sexual misconduct.
(3)
The massage technician or massage establishment, as applicable, applies
for and obtains any required business licenses and makes arrangements
for the payment of any required business privilege taxes, occupational
privilege taxes, or earned income taxes imposed by the Township.
E.
No person shall be licensed and/or recognized as a massage technician,
by the Township, unless such person shall have completed a course
of study in recognized school, which has for its purpose the teaching
of the theory, method, profession or work of massage, which school
requires at least 70 hours of course study for the issuance of a diploma
or certificate of graduation. In the event that such person was previously
licensed to perform massages in the Township, not having completed
such course of study, at the expiration of such person's current
license, such person shall be issued a provisional license for a six-month
period for the purpose of enrolling in and completing such course
of study.
Each massage establishment shall comply with the following requirements:
A.
The premises shall have adequate equipment for disinfecting instruments
and materials used in the administration of massages. Such instruments
and materials shall be disinfected after every use.
B.
All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms,
bath areas and floors shall have surfaces which may be readily disinfected.
C.
All walls, ceilings, floors, showers, bathtubs, steam rooms, sauna
rooms and all other physical facilities shall be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms,
steam or vapor rooms, or steam or vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. When carpeting is used on the floors, it shall be
kept dry.
D.
The premises shall be equipped with a service sink for custodial
services.
E.
Each massage establishment shall have a minimum of one shower, one
toilet and one washbasin.
F.
If male and female patrons are to be served simultaneously, such
massage rooms, dressing facilities, toilet facilities, steam rooms
and sauna rooms as are provided shall be provided as separate facilities
for male and female patrons and each such separate facility or room
shall be clearly marked as such.
G.
Rooms in which massages are to be administered shall have at least
50 square feet of clear floor area and shall maintain a light level
of no less than 20 footcandles as metered at three feet above the
surface of the floor. (For illustrative purposes only, such light
level is equivalent to light from a single forty-watt fluorescent
light bulb in a fifty-square-foot room.) Lighting in colors other
than white shall be prohibited. Such rooms shall contain a door incapable
of being locked from either the exterior or the interior.
H.
No stuffed or upholstered furniture or beds and mattresses shall
be permitted in rooms in which massage is to be administered. Such
rooms shall be equipped with massage tables having a hard surface
impervious to liquids, with a width of no more than three feet and
a length of no more than eight feet. The surface of such tables shall
be positioned at least two feet above the surface of the floor. Such
tables may be equipped with either nondisposable pads or coverings
or disposable pads or coverings not more than 2 1/2 inches thick.
Nondisposable pads or coverings shall be removable, impervious to
liquids and cleanable.
Every massage establishment and every massage technician shall
comply with the following requirements:
A.
Prohibited conduct. No person other than an employee of the massage
establishment shall be permitted to give massages in such massage
establishment, and all massage technicians giving massages in any
massage establishment shall be licensed as such and shall be deemed
to be employees of the massage establishment for all purposes by the
Township. Independent contractors are specifically prohibited.
B.
Massage establishments shall commence operations and massages may
be administered no earlier than 7:00 a.m. The hours of operations
shall extend no later than 10:00 p.m.
C.
A massage establishment shall prominently and publicly display all
licenses issued by the Township or Commonwealth of Pennsylvania on
the premises and each massage technician's license shall be available
for inspection. Price rates charged for any and all services shall
be prominently posted in the reception area in a location available
for view and no charges may be made other than in accordance with
such posted rates.
D.
No person under the age of 18 years of age shall be permitted to
enter or remain on the premises or receive any massage unless accompanied
at all times by a parent or legal guardian.
E.
Massage establishments shall at all times be equipped with an adequate
supply of clean towels, linens and coverings. Towels, linens and coverings
shall not be used by or on more than one patron unless they have first
been laundered and disinfected. Disposable towels, linens and coverings
shall not be used by or on more than one patron. Soiled towels, linens
and coverings shall be deposited in approved receptacles; disposable
items shall not be deposited in the same receptacle as nondisposable
items.
F.
Instruments used in administering massages shall not be used on more
than one patron unless they have first been disinfected. Massage table
pads and reusable table coverings shall be disinfected after each
use.
G.
Lotions and powder used during the administration of massage shall
be stored separately in containers clearly labeled as to contents
and shall be stored in cabinets used solely for such purpose.
H.
Massages shall not be administered to any patrons who have open sores
or other visual signs of contagion or communicable disease.
I.
For the purposes of ascertaining violations of this article and conducting
routine inspections, health inspectors, building inspectors, the Fire
Marshal or duly authorized fire code inspectors of the Township, or
police officers of the Lower Providence Township Police Department
shall have the right of entry into the premises of any massage establishment
during the hours such establishment is open for business.
J.
If an inspector observes that any massage technician has open sores
or otherwise has reasonable grounds to believe that any massage technician
is infected with a contagious or communicable disease, the inspector
shall have the right to suspend such technician from practicing or
administering massages until such time as the massage technician furnishes
a doctor's certificate showing the massage technician to be free
of any contagious or communicable disease.
K.
The owner or licensee or duly authorized manager shall be on duty
at all times during the hours such establishment is open for business,
such owner, licensee or manager being able to be identified by wearing
prominently an identification badge identifying as such owner, licensee
or manager.
L.
Eating or drinking shall not be permitted on the premises, including
but not limited to the serving, either for sale or otherwise, or the
possession of any alcoholic beverages unless duly licensed by the
Commonwealth of Pennsylvania.
M.
Animals, except for service animals as defined in the Americans with
Disabilities Act (28 C.F.R. § 36.104) shall not be permitted
within massage establishments.
N.
All employees, including massage technicians, shall only perform
massages and have contact with patrons while fully clothed in clean
and opaque clothing that fully covers the body from the shoulders
to the thighs and is no shorter than six inches above the knee. The
wearing of any form of lingerie as the sole garment shall be prohibited.
O.
No person, other than employees of the massage establishment, shall
remain on the premises of a massage establishment more than one hour
after closing. No massage establishment shall be used as a dwelling
unit or for residential purposes by any massage technician and to
prevent the use of a massage establishment for use as a dwelling unit
all persons, including employees, shall vacate the premises within
two hours after closing and shall not reenter the premises more than
two hours prior to opening.
P.
Massage technicians shall wash their hands immediately prior to and
subsequent of the administration of any massage.
Q.
It shall be unlawful for any person in a massage establishment to
place his or her hands upon, touch, fondle or otherwise have any physical
contact, including massaging a sexual or genital part of any other
person or to offer to so touch any person. It shall be unlawful for
any person, in a massage establishment to expose his or her sexual
or genital area to any other person.
No license issued under the provisions of this article shall
be transferrable to another person. Upon the sale or transfer of any
interest in a massage establishment, the license therefore shall be
null and void. Any person desiring to continue to operate such massage
establishment following the sale or transfer of any interest shall
make application therefore pursuant to the provisions of this article.
Every license issued under the provisions of this article is
subject to revocation for violation any of the provisions of this
article. Said license may be revoked by the Township Official after
notice of the basis for such revocation. The license holder shall
have the right to appeal from such proposed revocation to the Board
of Supervisors and request a hearing. Notice of revocation shall be
given in writing and shall be served at least 10 days prior to the
effective date of the revocation by certified mail, by personal service
on the license holder or by posting the notice upon the entrance to
the massage establishment. The notice shall advise the license holder
of the right to appeal the proposed revocation. A hearing shall be
held before the Board of Supervisors, and the license holder shall
have the right to be represented at such hearing and to produce evidence.
All license issued pursuant to the provisions of this article
shall expire December 31 of each year after the date of issuance.
No later than one month previous to the expiration, licensees shall
make application for renewal of said license.
In addition to the refusal or revocation of a license as provided
under this article, the owner of a massage establishment or any officer
thereof, shall be liable for a civil penalty of not less than $1,000
for each and any violation of any provision of this article on the
part of any agent, servant, or employee of such owner of a massage
establishment in a civil proceeding brought before a District Justice
by the Township in accordance with the Pennsylvania Rules of Civil
Procedure. It shall be an affirmative defense that the violation alleged
occurred without the knowledge of or outside the control of such owner
or officer.
Businesses subject to the provisions of this article operating
in the Township of Lower Providence as of the time of the effective
date of this article shall have 30 days from said effective date in
which to comply with the provisions of this article.
