Township of Unity, PA Chapter 67 Health Clubs and Massage Technicians

[HISTORY: Adopted by the Board of Supervisors of the Township of Unity by Ord. No. 91175A. Amendments noted where applicable.]

§ 67-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BODY MASSAGE

The application to the human body, by the hands or mechanical apparatus, of any touching, stroking, friction, kneading, vibration, percussion, oil, alcohol rubs, mechanotherapy, hot or cold packs, heat, cold, salt glows, cabinet, rub, shower, sitz, sauna, vapor, steam or any other special type of bath.

HEALTH CLUB

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 offices or quarters of licensed health profession practitioners.

MASSAGE TECHNICIAN

Any masseur (male) or 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.

PERSONS

Includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.

§ 67-2 License required.

[Amended 10-12-2000 by Ord. No. O-6-00]

No health club or massage technician may operate or practice within Unity Township without a license to operate or practice upon proper application to the Township Secretary and the fulfillment of the requirements set forth herein and the payment of a fee in an amount as shall be set forth in a resolution duly adopted by the Board of Supervisors of Unity Township. Licenses granted under this chapter shall be renewed yearly and may be revoked for any failure to comply with this chapter.

§ 67-3 Conditions of health club license.

[Amended 4-25-1988 by Ord. No. O-3-88]

The granting of a license to operate a health club shall be subject to the following conditions:

A. All existing ordinances and future ordinances and codes applicable to Unity Township 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, obscenity, indecency or pornography.

C. Plans and specifications of the quarters proposed to be occupied shall be submitted to the Township Secretary, 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 be connected with any bedroom or sleeping quarters.

D. 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.

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 to health, plumbing, fire, electrical and other authorized Township inspectors access 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 their 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 and other coverings shall be used singularly for each patron and discarded for laundry or disposal immediately after use.

L. Nondisposable 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 meets the requirements of this chapter.

N. No body massage shall be provided to the genitals of a patron.

§ 67-4 Licensing requirements for massage technicians.

A. 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 prostitution, obscenity, indecency or related crimes.

(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.

(4) In lieu of Subsection A(3), 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, or one shall be 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 Township Office. Photographing and fingerprinting shall be done by an accepted Police Department.

§ 67-5 Revocation of license.

The Township Supervisors may revoke the license of a health club or massage technician upon satisfactory proof of any of the following:

A. The licensee does not meet the licensing requirements of this chapter.

B. The licensee has been convicted of prostitution, obscenity, indecency, promoting prostitution, keeping or maintaining a disorderly house or related crimes and offenses.

C. The licensee has diagnosed or treated classified diseases, practiced spinal adjustments or prescribed medicines.

D. The licensee is guilty of fraud or willful negligence in the practice of body massage.

E. The licensee is a habitual user of narcotics or other drugs.

F. The licensee has allowed or permitted an unlicensed person to perform body massage.

G. The licensee has provided body massage to the genitals of any patron.

H. The licensee has violated any of the provisions of this chapter or other applicable ordinances of Unity Township or any laws of the Commonwealth of Pennsylvania or any laws 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.

§ 67-6 Deferred compliance.

The owner or manager of any health club operating in Unity Township as of the effective date of this chapter may apply for and may be granted by the Township of Unity a grace period not to exceed six months in order to comply with § 67-3C and D. With these exceptions, this chapter becomes effective on all health clubs and proposed health clubs upon enactment.

§ 67-7 Administration; appeals.

[Amended 4-25-1988 by Ord. No. O-3-88]

This chapter shall be administered by the Township Ordinance Officer or by an assistant appointed by him. An appeal from the denial of a license or the revocation of a license shall be filed with the Township Secretary within 15 days of such action and shall be heard and determined by the Supervisors of Unity Township 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.

§ 67-8 Violations and penalties.

[Amended 4-25-1988 by Ord. No. O-3-88; 11-28-2000 by Ord. No. O-10-00]

Any person, firm, partnership or corporation who or which shall violate the provisions of this chapter shall, when found by the District Justice to have so violated, be subject to a civil penalty not to exceed $600, plus all court costs and reasonable attorneys' fees incurred by Unity Township in the enforcement of this chapter in a civil enforcement proceeding. Further, the appropriate officers or agents of Unity Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.