[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 8-28-2002 by Ord. No. 1830. Amendments
noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 62.
The Board of Commissioners of Ridley Township, Delaware County, Pennsylvania,
finds that massage establishments used for the purposes of prostitution are
detrimental to the health, safety, morals and general welfare of Ridley Township.
As used in this chapter, the following terms shall have the meaning
indicated, unless a different meaning clearly appears from the context:
Any school wherein the method, profession, and work of massage is
taught, which furnishes a statement of courses offered, including anatomy
and physiology, is accredited by a state unit of educational accreditation,
or by the American Massage and Therapy Association, and furnishes a certificate
or diploma of successful completion of such course of study or learning.
Any person applying for a license to render massage service, or to
operate massage establishment, and in addition thereto shall include and mean
all partners in a partnership and all stockholders or members of a corporation
or limited liability company where the controlling interest of the entity
is held by five or fewer persons or legal entities.
Any person over 18 years of age, other than a massagist, who renders
any service in connection with the operation of a massage establishment and
receives compensation from the operator of the massage establishment or patrons.
The manipulation of body muscle or tissue by rubbing, stroking, kneading,
or tapping, by hand, mechanical device, or other means.
Any business establishment which provides the services of massage,
unless such business establishment is operated by a licensed medical practitioner,
chiropractor or professional physical therapist licensed by the Commonwealth
of Pennsylvania in connection with a professional practice.
Any person trained at an accredited school, who, for any consideration
whatsoever, engages in the practice of massage as defined herein (also a "masseur"
and "masseuse").
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 other consideration therefor.
Any individual, partnership, firm, association, joint-stock company,
corporation, limited liability company, or combination of individuals of whatever
form or character.
Engaging in sexual activity for consideration, including:
Genitals, pubic area, buttocks, anus or perineum of any person, or
the vulva or breasts of a female.
No person shall engage in, carry out or provide or perform the business
of massage except in a massage establishment duly licensed under the provisions
of this subchapter. Existing massage establishments shall submit applications
for a massage license hereunder within 60 days of enactment of this chapter.
A.
The provisions of this chapter shall not apply to the
following individuals 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 of Pennsylvania.
(2)
Nurses who are registered under the laws of the Commonwealth
of Pennsylvania.
(3)
Barbers and beauticians who are duly licensed under the
laws of the Commonwealth of Pennsylvania 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.
(4)
Athletic trainers.
B.
In any prosecution for violation of this chapter, the
foregoing exemptions shall constitute affirmative defenses and it shall be
incumbent upon the defendant to show that he or she and any establishments
involved are not subject to the provisions of this subchapter. Nothing herein
shall be deemed to shift the burden of proof of the violation to the defendant.
A.
Every applicant for a license to establish, maintain,
operate or conduct a massage establishment shall file an application, under
oath, with the Township and pay a nonrefundable annual license fee, which
shall be determined by the Board of Commissioners from time to time by resolution.
The application shall at a minimum provide the Township with the following
information:
(1)
A detailed description of the services to be provided.
(2)
The location, mailing address and all telephone numbers
where the massage establishment is to be conducted.
(3)
The name and residence address of each applicant.
(a)
If the applicant is a corporation or limited liability
company, the name and residence address of each of the officers, directors
and members/shareholders, together with the address of the corporation if
different from the address of the massage establishment.
(b)
If the applicant is a partnership (limited or general),
the names and residence address of each of the partners and the address of
the partnership itself if different from the address of the massage establishment.
(4)
The two previous addresses immediately prior to the address
of the proposed massage establishment.
(5)
Proof that the applicant, if an individual, is a least
18 years of age.
(6)
The height, weight, hair and eye color and gender of
any individual applicant.
(7)
Copy of written identification, such as a driver's
license or social security card.
(8)
One front-face (portrait) two-inch by two-inch photograph
of the applicant, including a photograph of all officers, directors, partners,
members, managing agents of any business entity applicant.
(9)
Business, occupation, or employment of the applicant
for the three years immediately preceding the date of application.
(10)
The massage or similar business license history of the
applicant; whether such person, in previously operating in this or another
township or state, has had a business license revoked or suspended, the reason
therefor, and the business activity or occupation subsequent to such action
or suspension or revocation.
(11)
All criminal convictions for sexual offenses, including
the date of conviction, nature of the crimes and place convicted.
(12)
The name and address and one front-face (portrait) two-inch
by two-inch photograph of each massagist who is or will be employed in the
proposed massage establishment.
(13)
The diploma, certificate or other documentation evidencing
that each massagist has successfully completed the curricula of an accredited
school.
(14)
The name and address of any massage establishment or
other business owned or operated by any person whose name is required hereunder
wherein the business or profession of massage is carried on.
(15)
A description of any other business proposed to be operated
on the same premises or adjoining premises owned or controlled by the applicant.
(16)
Authorization for the Township, its agents and employees
to seek information and conduct investigations into the truth of the statements
and qualification of the applicant contained in the application.
(17)
Such other identification and information as may reasonably
be required by the Township.
B.
The application shall not be accepted by the Township
until all required information has been provided to the Township and all required
fees have been paid. Any change in any of the information provided hereunder
must be submitted to the Township within 10 days of said change.
The Township Health Officer shall issue a license for a massage establishment
after approval by the Board of Commissioners, but only after all requirements
for a massage establishment have been met.
The Township shall act to approve or deny an application for a license
hereunder within a reasonable period of time and in no event shall the Township
act to approve or deny the license later than 90 days from the date said application
is accepted by the Township. Every license issued under this chapter shall
expire one year from the date of issuance, unless sooner suspended or revoked.
Every license granted hereunder shall be conspicuously posted at or
near the interior entrance to the massage establishment.
The licensee or person designated by the licensee of a massage establishment
shall maintain a written register of all persons employed at any time at the
massage establishment, including but not limited to all massagists. Such register
shall be available for Inspection at the massage establishment during regular
business hours.
Any license issued for a massage establishment may be revoked or suspended
by the Board of Commissioners after notice and a hearing, for good cause,
or in any case where any of the provisions of this chapter are violated or
where any employee of the licensee, including any massagist, is engaged in
any conduct which violates any state or local laws or ordinances.
All employees, including massagists, shall wear clean nontransparent
outer garments, covering all sexual or genital areas. Name tags for employees
and all massagists shall be worn and visible at all times.
No person under the age of 18 shall be permitted in or on the premises
of a massage establishment, unless on lawful business.
No massage establishments shall operate between the hours of 10:00 p.m.
and 8:00 a.m.
The Township or its authorized representative may from time to time
make inspection of each massage establishment for the purpose of determining
compliance with this chapter.
A.
It shall be unlawful for any person not a massagist to
perform, provide or engage in a massage with any person in a massage establishment.
B.
It shall be unlawful for any person in a massage establishment
to engage in prostitution.
C.
It shall be unlawful for any massagist or other person
in a massage establishment to 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 area of any other person.
D.
It shall be unlawful for any person in a massage establishment
to expose his or her sexual or genital parts, or any portion thereof, to any
other person. It shall also be unlawful for any person in a massage establishment
to expose the sexual or genital area, or any portion thereof, of any other
person.
E.
It shall be unlawful for any person, while in the presence
of any other person in a massage establishment, to fail to conceal with a
fully opaque covering the sexual or genital area of his or her body.
F.
It shall be unlawful for any person owning, operating
or managing a massage establishment knowingly to cause, allow, or permit,
in or about such massage establishment, any agent, employee, or any other
person under his control or supervision to perform such acts prohibited by
this section.
G.
It shall be unlawful for any person to knowingly allow
any massage establishment to be used in violation of this chapter.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void, except as approved as provided in § 180-5. No license granted under this chapter shall be transferable.
A.
The holder of a license to operate a massage establishment
shall post at every entrance available to massage patrons the following notice:
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NOTICE
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IT SHALL BE UNLAWFUL FOR ANY PERSON TO PATRONIZE THIS MASSAGE ESTABLISHMENT
IF THIS MASSAGE ESTABLISHMENT IS KNOWN BY SUCH PATRON TO BE IN VIOLATION OF
CHAPTER 180 OF THE CODE OF THE TOWNSHIP OF RIDLEY, DELAWARE COUNTY, PENNSYLVANIA;
A COPY OF SAID CHAPTER IS POSTED HEREIN AND WILL BE MADE AVAILABLE TO ANY
PATRON UPON REQUEST.
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B.
This notice shall be capitalized and in not less than 72 point type and shall be posted by the holder of a license to operate a massage establishment in a conspicuous place at or near every entrance to said establishment. Copies of Chapter 180 shall be kept on the premises and shall be made available to any massage patron upon request
For each and every violation of this chapter, the violator, upon conviction
by the District Justice, shall be guilty of a summary offense and subject
to a fine of not more than $1,000; and/or imprisonment for a term not to exceed
90 days.
