[HISTORY: Adopted by the City Council of the City of New Kensington
8-9-1977 by Ord. No. 5-77 as Part 11, Art. 1125 of the 1977 Code. Amendments
noted where applicable.]
Unless the context or subject matter clearly indicates that a different
meaning is intended, the following words and phrases shall have the following
meanings when used in this chapter:
The activity of providing, for any form of consideration or gratuity,
facilities for massage; steam bath; electric light bath; electric tub bath;
shower bath; tub bath; sponge bath; sun bath; mineral bath; Russian, Swedish
or Turkish bath; giving salt glows; administration of fomentation, massage,
electric or magnetic treatment or alcohol rub; public bathing which has in
connection therewith a steam room, dry hot room, plunge, shower bath or public
sleeping accommodations; or any other type bath or system for treating or
manipulating the human body.
Any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding or stimulating the external parts of the body with
the hands or with the aid of any mechanical or electrical apparatus or appliances,
with or without supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations commonly
used in this practice.
Any person who, for any form of consideration whatsoever, gives or
administers to another person a massage, as defined in this section.
The activity of providing massage services, or bath and massage facilities
as defined herein, at a location other than premises licensed by a permit
from the city.
[1]The permit required to be obtained from the city for the operation
of a bath and massage business, an off-premises bath and massage business
or for performing the activities of a massage technician, with or without
an off-premises endorsement.
A.
No person shall engage in, conduct or carry on, or permit
to be engaged in, conducted or carried on, in or upon any premises within
the city, the operation of a bath and massage business without a permit duly
issued by the city pursuant to this section for each business location. The
permit required hereby shall be in addition to any business tax license required
by ordinance. The provisions of this section shall govern the power of the
city to issue, deny, suspend or revoke such permits or to impose conditions
on the retention of such permits in connection with such business.
B.
Permit applications shall be made with the office of
the City Clerk.
C.
Each applicant for a bath and massage permit shall furnish
the following information to the city:
(1)
Each residence and business address of the applicant
for the three (3) years immediately preceding the date of the application
and the inclusive dates of each such address.
(2)
Written proof that the applicant is at least eighteen
(18) years of age.
(3)
Applicant's height, weight and color of eyes and hair.
(4)
Three (3) photographs of the applicant, of a size specified
by the city, taken within the six (6) months immediately preceding the date
of the application.
(5)
Applicant's business, occupation and employment history
for the three (3) years immediately preceding the date of application.
(6)
The names, current addresses and written statements of
at least five (5) bona fide permanent residents of the county in which he
resides that the applicant is of good moral character.
(7)
The permit history of the applicant; whether such person
has ever had any license or permit issued by any agency or board, city, county
or state revoked or suspended or has had any professional or vocational license
or permit revoked or suspended and the reason therefor.
(8)
Such other identification and information as may be required
by the city.
(9)
If the applicant is a corporation, the name of the corporation
shall be set forth exactly as shown in its articles of incorporation or charter,
together with the state and date of incorporation and names and residence
addresses of each of its officers and directors and of each stockholder holding
more than five percent (5%) of the stock of the corporation. If the applicant
is a partnership, the application shall set forth the name and residence addresses
of each of the partners, including limited partners. If the applicant is a
limited partnership, it shall furnish a copy of its certificate of limited
partnership. If one (1) or more of the partners is a corporation, the provisions
of this section pertaining to corporation applicants shall apply. The applicant
corporation or partnership shall designate one (1) of its officers or general
partners to act as its responsible managing officer. Such person shall complete
and sign all application forms required of an individual applicant under this
chapter, but only one (1) application fee shall be charged. A change application
shall be filed to change the responsible managing officer but no additional
inspection shall be necessary. The responsible managing officer must at all
times meet all of the requirements set for permittees by this section or the
corporation or partnership permit shall be suspended until a responsible managing
officer who does meet all such requirements is designated. If no such person
is named within ninety (90) days, the corporation or partnership permit is
deemed canceled and a new initial application for permit must be filed.
(10)
The name and address of the owner and lessor of the real
property upon or in which the business is to be conducted and a copy of the
lease or rental agreement.
D.
Upon filing of the application for a bath and massage
permit with the City Clerk, the City Clerk shall notify the Ordinance Officer.
The Ordinance Officer shall cause an inspection to be made of the premises
sought to be licensed within twenty (20) days to ascertain if the premises
are in compliance with the requirements of this section as well as all other
applicable health, fire and safety laws. If the premises is in compliance,
the Ordinance Officer shall issue a letter to the City Clerk so stating. If
the premises is not in compliance, the Ordinance Officer shall issue a letter
to the applicant setting forth the deficiencies and shall reinspect the premises
no more than twice upon written request of the applicant. If a letter of full
compliance is not issued by the Ordinance Officer within thirty (30) days
of the date of the filing of the application, the application shall be deemed
withdrawn and a new application must be filed.[1]
E.
Upon application for a bath and massage business permit,
after investigation, the city shall issue such permit if it finds:
(1)
That the operation of the business by the applicant will
be carried on in a building, structure and location which complies with and
meets all of the requirements of applicable codes and the health, zoning,
fire and safety requirements and standards of the laws of the commonwealth
and ordinances of the city and of the county applicable to such business operation
and of the County Public Health Code. The issuance of a permit under the provisions
of this section shall not constitute a waiver of any other requirement contained
in this Code or any other law or ordinance, and all such requirements shall
be complied with in addition to the obtaining of a permit under the provisions
of this section.
(2)
That the applicant, his or her responsible managing officer,
employee, agent or any person connected or associated with applicant in the
operation of the proposed business as partner, director, officer, stockholder,
associate or manager has not, within five (5) years prior to the date of filing
the application, been convicted by final judgment in a court of competent
jurisdiction of any state, community or territory of the United States of
an offense involving moral turpitude or of any offense involving theft of
property.
(3)
That the applicant, his or her responsible managing employee,
officer, agent or any person connected or associated with the applicant as
partner, director, officer, stockholder, associate or manager has not knowingly
or negligently made any false, misleading or fraudulent statement of material
fact in the application for a permit or in any report or record required to
be filed with the city.
(4)
That the applicant has not had a similar type of permit
revoked for good cause within five (5) years of the date of filing the application,
whether in the City of New Kensington or elsewhere.
No person shall engage in, conduct or carry on or permit to be engaged
in, conducted or carried on any bath and massage business unless each and
all of the following requirements are met:
A.
Each person employed or acting as a massage technician shall have a valid permit issued by the city, and no owner, operator, responsible managing employee, manager or permittee in charge of or in control of a bath and massage business shall employ or permit a person to act as a massage technician, as defined in § 134-1, who is not in possession of a valid, unrevoked massage technician permit.
B.
The possession of a valid bath and massage business permit
does not authorize the possessor to perform work for which a massage technician
permit is required.
C.
Bath and massage operations shall be carried on, and
the premises shall be open, only between the hours of 7:00 a.m. and 12:00
midnight.
D.
A list of services available and the cost of such services
shall be posted in an open and conspicuous place on the premises. The services
shall be fully described in readily understandable language.
E.
No owner, operator, responsible managing employee, manager
or permittee shall permit and no massage technician shall offer or perform
any services other than those posted.
F.
The bath and massage business permit, and a copy of the
permit of each and every massage technician employed in the establishment,
shall be displayed in an open and conspicuous place on the premises.
G.
Every permittee operating a bath and massage business
under a permit issued pursuant to this chapter shall keep a record of the
date and hour of each treatment, the name and address of the patron, the name
of the employee administering such treatment and the type of treatment administered.
Such records shall be open to inspection only by Public Health Investigators.
The information furnished or secured as a result of any such record shall
be confidential. Such records shall be maintained for a period of one (1)
year.
H.
The Ordinance Officer shall, from time to time, and at
least once a year, make an inspection of each bath and massage business location
in the city for the purposes of determining that the fire, health and safety
provisions of the laws of the commonwealth and ordinances of the city and
county and of this section are met.[1]
I.
A minimum of one (1) tub or shower and one (1) toilet
and wash basin shall be provided in every bath and massage business location;
however, if male and female patrons are to be served simultaneously, separate
steam rooms or sauna rooms shall be provided for male and female patrons.
J.
Minimum ventilation shall be provided in accordance with
the City Building Code.[2] A light level of no less than ten (10) footcandles shall be maintained
in public rooms, walkways and at any point within each room or enclosure where
massage services are performed at all times such services are being provided.
K.
Wet and dry heat rooms, steam or vapor rooms or cabinets,
shower rooms and compartments and toilet rooms shall be thoroughly cleaned
and disinfected as needed, but at least once each day that the premises are
open. Bathtubs shall be thoroughly cleaned and disinfected after each use.
L.
Towels, sheets and linens shall be provided in sufficient
quantity and shall not be used by more than one (1) person unless they have
been first relaundered. Heavy white paper may be substituted for sheets, provided
that such paper is used once for each person then discarded into a sanitary
receptacle.
M.
Disinfecting agents and sterilizing equipment shall be
provided for any instruments used in performing any massage.
N.
Pads used on massage tables shall be covered in a workmanlike
manner with durable, washable plastic or other waterproof material.
O.
All exterior doors shall be unlocked from the interior
side during business hours.
P.
Individual deposit facilities for valuables, capable
of being locked by the patron, shall be available at no extra charge.
Q.
No person shall enter, be or remain in any part of a
bath and massage business while in the possession of, consuming or using any
alcoholic beverage or drugs except pursuant to a prescription for such drugs.
The owner, operator, responsible managing employee, manager or permittee shall
not permit any such person to enter or remain upon such premises.
R.
A bath and massage business shall not operate as a school
of massage nor operate in the same location nor use the same facilities as
that of a school of massage. No person shall perform any massage upon a member
of the general public while on the premises of a school of massage. Instructors
and students of such schools may practice only upon a bona fide employee of
the school or a student. A dummy body may be used.
The decision of the city regarding an application for a bath and massage
business permit shall be issued within sixty (60) days of the date that the
application has been forwarded to the city by the City Clerk. No application
for a permit shall be denied without giving the applicant an opportunity for
a hearing before Council.
A.
After an investigation and hearing, the city shall suspend
or revoke an existing permit to operate a bath and massage business or impose
such conditions upon the retention of the permit as shall be found to be reasonable
and in the public interest if the evidence presented at the hearing establishes
that one (1) or more of the following conditions exist:
(1)
The building, structure, equipment or location of such
business does not comply with or fails to meet all of the health, zoning,
fire and safety requirements or standards of the laws of the commonwealth
or ordinances of the city or the county applicable to such business operation.
(2)
The permittee, his or her responsible managing employee,
employee, agent or any person connected or associated with the permittee as
partner, director, officer, stockholder, associate or manager in the conduct
of the subject business:
(a)
Has been convicted by final judgment in a court of competent
jurisdiction of:
[1]
An offense involving the presentation, exhibition or
performance of an obscene production, motion picture or play, or of selling,
furnishing or displaying obscene matter, that occurred at the subject business.
[2]
An offense involving moral turpitude, including theft
or violence, that occurred at or in the subject business.
[3]
An offense involving lewd conduct with children.
[4]
An offense involving the maintenance of a nuisance in
connection with the subject or a similar business operation.
(b)
Has committed, allowed or permitted an act of sexual
intercourse, sodomy, oral copulation, masturbation or indecent exposure to
be committed in the subject business or knowingly permitted or allowed the
subject business to be used as a place in which narcotics have been illegally
sold or as a place where gambling, wagering or solicitations for sexual intercourse,
sodomy, oral copulation or masturbation regularly, openly and notoriously
occur.
(c)
Has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a permit or in any report
or record required to be filed with the city pertaining to the permit for
the subject business or has violated any rule or regulation duly adopted by
the city relating to the permit or the subject business.
(d)
The owner, operator, responsible managing employee, manager
or permittee or any of the permittee's employees or agents has willfully or
by reason of gross negligence failed to observe the operating requirements
applicable to the business.
B.
The city shall promulgate rules and regulations for the
conduct of hearings for the denial, suspension or revocation of permits which
shall provide for notice, advice of charges, right to counsel and the making
of findings of fact.
A.
Permit required. No person shall engage in the business
of acting or act as a massage technician unless such person holds a valid
massage technician permit issued by the city.
(1)
Exemptions. This section shall not apply to the following
classes of individuals, and no permit shall be required of such persons while
engaged in the performance of the duties of their respective professions:
(2)
Application for permit. Any person desiring to obtain
a permit to act as a massage technician shall personally make an application
to the City Clerk. Except as provided below, the fee of fifty dollars ($50.)
shall accompany the submission of the application to defray, in part, the
costs of investigation and report by the Police Department and the administration
of the examination required hereby.
(3)
Additional requirements. Each applicant for a massage
technician permit shall furnish the following information to the city prior
to the issuance of a permit:
(a)
Each residence and business address of the applicant
for the three (3) years immediately preceding the date of the application
and the inclusive dates of each such address.
(b)
Applicant's height, weight and color of eyes and hair.
(c)
Written proof that the applicant is at least eighteen
(18) years of age.
(d)
Three (3) photographs of the applicant, of a size specified
by the city, taken within the six (6) months immediately preceding the date
of the application.
(e)
Applicant's business, occupation and employment history
for the three (3) years immediately preceding the date of application.
(f)
The names, current addresses and written statements of
at least five (5) bona fide permanent residents of the county in which he
resides that the applicant is of good moral character.
(g)
The permit history of the applicant; whether the applicant
has ever had any license or permit issued by any agency or board, city, county
or state revoked or suspended or has had any professional or vocational license
or permit revoked or suspended and the reason therefor.
(h)
A certificate from a medical doctor, licensed to practice
in the commonwealth, issued within thirty (30) days, that certifies that the
applicant has been examined and had no communicable disease on the date of
the examination.
(i)
Such other identification and information as may be required
by the city.
(4)
Issuance of permit. Upon application for a massage technician
permit and after the applicant has paid the required fee and furnished the
required information and after investigation, the city shall issue such permit
if it finds:
(a)
That the applicant has not, within the five (5) years
immediately prior to the date of filing the application, been convicted by
final judgment in a court of competent jurisdiction of any state, community
or territory of the United States of an offense involving moral turpitude
or of any offense involving theft of property.
(b)
That the applicant has furnished the information required by Subsection A(2) and (3) of this section and had not knowingly or negligently made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record required to be filed with the city.[1]
(c)
That the applicant has not had a similar type of permit
revoked for good cause within five (5) years of the date of filing the application,
whether in the city or elsewhere.
B.
Revocation or suspension. After a hearing as provided
herein, a permit shall be revoked by the city upon a finding based on substantial
evidence that one (1) or more of the conditions set forth herein exists.
C.
Time limit for existing businesses and massage technicians
to obtain permit. All persons operating or employed as masseurs or masseuses
in bath and massage establishments at the time this chapter becomes effective
shall obtain a massage technician permit within one hundred eighty (180) days
of the effective date of this chapter.
Any person, firm or corporation violating any provision of this chapter
shall be fined not more than six hundred dollars ($600.), plus costs of prosecution,
and, in default of payment thereof, shall be sentenced to a term of imprisonment
not to exceed ninety (90) days.
