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.
[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.
[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.
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.
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.
[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.
[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.