[HISTORY: Adopted by the Board of Commissioners
(now Township Council) of the Township of Bristol 7-15-1981 by Ord. No.
1003. Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any person over 18 years of age, other than a massagist,
who renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
The person to whom a license has been issued to own or operate
a massage establishment as defined herein.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of,
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oil, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived form the practice of massage as defined above and which has
a fixed place of business where any person, firm, association or corporation
engages in or carries on any of the activities as defined above.
Any person who, for any consideration whatsoever, engages
in the practice of massage as defined above.
Any business, the function of which is to engage in or carry
on massages at a location designated by the customer or client rather
than at a massage establishment as defined above.
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 any other consideration therefor.
The person to whom a permit has been issued to act in the
capacity of a massagist, masseur or masseuse as herein defined.
Any individual, partnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
or character.
Any school or educational institution licensed to do business
as a school or educational institution in the state in which it is
located, or any school recognized by or approved by or affiliated
with the American Massage and Therapy Association, Inc., and which
has for its purpose the teaching of the theory, method, profession
or work of massage, which school requires a resident course of study
of not less than 70 hours before the student shall be furnished with
a diploma or certificate of graduation from such school or institution
of learning following the successful completion of such course of
study or learning.
Genitals, pubic area, buttocks, anus or perineum of any person,
or the vulva or breasts of a female.
[Amended 10-20-1992 by Ord. No. 92-17]
A.
Business license required. No person shall engage
in or carry out the business of massage unless he has a valid massage
business license issued by the Bristol Township Office of Licenses,
Zoning and Inspections pursuant to the provisions of this chapter
for each and every separate office or place of business conducted
by such person.
B.
Massagist's permit required. No person shall practice
massage as a massagist, employee or otherwise unless he has a valid
and subsisting massagist's permit issued to him by the Bristol Township
Office Department of Licenses, Zoning and Inspections pursuant to
the provisions of this chapter.
This chapter shall not apply to the following
individuals while engaged in the personal performance of the duties
of their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths or
physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Pennsylvania.
B.
Nurses who are registered under the laws of this commonwealth.
C.
Barbers and beauticians who are duly licensed under
the laws of this commonwealth, 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.
[Amended 10-20-1992 by Ord. No. 92-17]
A.
Every applicant for a license to maintain, operate
or conduct a massage establishment shall file an application under
oath with the Township of Bristol upon a form provided by the Office
of Licenses, Zoning and Inspections and pay a nonrefundable annual
license fee, which shall be set from time to time by resolution or
ordinance of the Township Council.[1] Licensees who have already paid the license fee for the
current six-month period shall not be required to pay an additional
fee hereunder. The application, once accepted, shall be referred to
the Office of Licenses, Zoning and Inspections for investigation.
Copies of the application shall, within five days, also be referred
to the Fire Prevention Board and the Bucks County Department of Health.
The departments shall, within 30 days, inspect the premises proposed
to be operated as a massage establishment. The application shall further
be referred to the Police Department for investigation of the applicant's
character and qualifications.
(1)
Each application shall contain the following information:
(a)
A definition of service to be provided.
(b)
The location, mailing address and all telephone
numbers where the business is to be conducted.
(c)
The name and residence address of each applicant
(hereinafter all provisions which refer to applicant include an applicant
which may be a corporation or partnership).
[1]
If the applicant is a corporation, the name
and residence address of each stockholder owning more than 10% of
the stock of the corporation, and the address of the corporation itself,
if different from the address of the massage establishment.
[2]
If applicant is a partnership, the name and
residence address of each of the partners, including limited partners,
and the address of the partnership itself, if different from the address
of the massage establishment.
(d)
The two previous addresses immediately prior
to the present address of the applicant.
(e)
Proof that the applicant is at least 18 years
of age.
(f)
Individual or partnership applicant's height,
weight, color of eyes and hair and sex.
(g)
Copy of identification, such as a driver's license
and social security card.
(h)
One portrait photograph of the applicant at
least two inches by two inches and a complete set of applicant's fingerprints,
which shall be taken by the Chief of Police or his agent. If the applicant
is a corporation, one portrait photograph at least two inches by two
inches of all officers and managing agents of said corporation and
a complete set of the same officers' and agents' fingerprints, which
shall be taken by the Chief of Police or his agent. If the applicant
is a partnership, one front-face portrait photograph at least two
inches by two inches in size of each partner, including a limited
partner in said partnership, and a complete set of each partner's
or limited partner's fingerprints, which shall be taken by the Chief
of Police or his agents.
(i)
Business, occupation or employment of the applicant
for the three years immediately preceding the date of application.
(j)
The massage or similar business license history
of the applicant; whether such person, in previously operating in
this or another city or state, has had a business license revoked
or suspended, the reason therefor and the business activity or occupation
subsequent to such action of suspension or revocation.
(k)
All criminal convictions other than traffic
violations, including the dates of convictions, nature of the crimes
and place convicted.
(l)
The name and address of each massagist who is
or will be employed in said establishment.
(m)
The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in Subsection A(1)(c) wherein the business or profession of massage is carried on.
(n)
A description of any other business to be operated
on the same premises or on adjoining premises owned or controlled
by the applicant.
(o)
Authorization for the Township, its agents and
employees to seek information and conduct an investigation into the
truth of the statements set forth in the application and the qualifications
of the applicant for the permit.
(p)
Such other identification and information necessary
to discover the truth of the matters hereinbefore specified as required
to be set forth in the application.
(q)
The names, current addresses and written statements
of at least three bona fide permanent residents of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of Bristol
Township, then Bucks County, then the Commonwealth of Pennsylvania
and lastly from the rest of the United States. These references must
be persons other than relatives and business associates.
(2)
The applicant must furnish a diploma or certificate
of graduation from a recognized school or other institution of learning
wherein the method, profession and work of massage is taught; provided,
however, that if the applicant will not himself engage in the practice
of massage as defined herein, he need not possess such diploma or
certificate of graduation from a recognized school or other institution
of learning wherein the method, profession and work of massage is
taught. The applicant may satisfy this requirement by presenting satisfactory
proof of other training and experience such as would ensure an equivalent
proficiency and knowledge as provided in recognized institutions of
learning as stated hereinabove.
B.
Upon the completion of the above-provided form and
furnishing of all foregoing information, the Office of Licenses, Zoning
and Inspections shall accept the application for the necessary investigations.
The holder of a massage establishment license shall notify the Office
of Licenses, Zoning and Inspections of each change in any of the data
required to be furnished by this section within 10 days after such
change occurs.
[Amended 10-20-1992 by Ord. No. 92-17]
Application for a massagist's business permit
shall be made to the Office of Licenses, Zoning and Inspections in
the same manner as provided above for massage establishment licenses,
accompanied by the annual nonrefundable massagist's permit fee as
shall be set from time to time by resolution or ordinance of the Township
Council.[1] Massagists who have already paid the permit fee for the
current six-month period shall not be required to pay an additional
fee hereunder. The application shall contain but not be limited to
the following:
A.
The business address and all telephone numbers where
the massage is to be practiced.
B.
Name and residence address and all names, nicknames
and aliases by which the applicant has been known, including the two
previous addresses immediately prior to the present address of the
applicant.
C.
Social security number, driver's license number, if
any, and date of birth.
D.
The applicant's weight, height, color of hair and
eyes and sex.
E.
Written evidence that the applicant is at least 18
years of age.
F.
A complete statement of all convictions of the applicant
for any felony or misdemeanor or violation of a local ordinance, except
traffic violations.
G.
Fingerprints of the applicant taken by the Police
Department.
H.
Two front-face portrait photographs taken within 30
days of the date of application and at least two inches by two inches
in size.
I.
The name and address of the recognized school attended,
the dates attended and a copy of the diploma or certificate of graduation
awarded the applicant, showing the applicant has completed not less
than 70 hours of instruction. For persons presently employed as a
masseur or masseuse in the Township of Bristol, this section shall
not apply until January 1, 1982; present employment shall be established
by sworn affidavit from the employer, after which time such person
must be actively engaged, enrolled or participating in a course of
study designed to fulfill the requirements of this section and which
is certified to by an official of the approved school. The burden
of establishing such active engagement, enrollment or participation
shall be upon the person seeking a permit herein. For persons not
so employed, this section shall be effective upon passage. In no event
shall any person within the purview of this chapter act as aforesaid
without satisfying the training requirement set forth within the Township
of Bristol after January 1, 1982.
J.
The massage or similar business history and experience
10 years prior to the date of application, including but not limited
to whether or not such person, in previously operating in this or
another Township or state under license or permit, has had such license
or permit denied, revoked or suspended and the reasons therefor and
the business activities or occupations subsequent to such action of
denial, suspension or revocation.
K.
The names, current addresses and written statements
of at least five bona fide permanent residents, other than relatives,
of the United States that the applicant is of good moral character.
If the applicant is able, the statement must first be furnished from
residents of the Township of Bristol, then Bucks County, then the
Commonwealth of Pennsylvania and lastly from the rest of the United
States.
L.
A medical certificate signed by a physician, licensed
to practice in the Commonwealth of Pennsylvania, within seven days
of the date of the application. The certificate shall state that the
applicant was examined by the certifying physician and that the applicant
is free of communicable disease. The additional information required
by this subsection shall be provided at the applicant's expense.
M.
Such other information, identification and physical
examination of the person deemed necessary by the Police Chief in
order to discover the truth of the matters hereinbefore required to
be set forth in the application.
N.
Authorization for the Township, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
O.
Written declaration by the applicant, under penalty
or perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly dated and signed
in the Township of Bristol.
The Township of Bristol shall issue a license
for a massage establishment or a permit for a masseur or masseuse
if all requirements for a massage establishment or massagist permit
described in this chapter are met, unless it finds:
A.
The correct permit or license fee has not been tendered
to the Township and, in the case of a check or bank draft, honored
with payment upon presentation.
B.
The operation as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited
to the Township's building, zoning and health regulations.
C.
Applicants convicted of crimes:
(1)
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation, or any of the
officers and directors, if the applicant is a corporation; or any
of the partners, including limited partners, if the applicant is a
partnership; or the holder of any lien, of any nature, upon the business
and/or the equipment used therein; and the manager or other person
principally in charge of the operation of the business, have been
convicted of any of the following offenses or convicted of an offense
without the Commonwealth of Pennsylvania that would have constituted
any of the following offenses if committed within the Commonwealth
of Pennsylvania:
(2)
The Township of Bristol may issue a license or permit to any person convicted of any of the crimes described in Subsection C(1)(a), (b) or (c) of this section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any
document required by the Township in conjunction therewith.
E.
The applicant has had a massage business, masseur
or other similar permit or license denied, revoked or suspended by
the Township or any other state or local agency within five years
prior to the date of the application.
F.
The applicant, if an individual; or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business, are not over the age of 18 years.
[Amended 10-20-1992 by Ord. No. 92-17]
The Township of Bristol shall act to approve
or deny an application for a license or permit under this chapter
within a reasonable period of time, and in no event shall the Township
act to approve or deny said license or permit later than 90 days from
the date that said application was accepted by the Office of Licenses,
Zoning and Inspections. Every license or permit issued pursuant to
this chapter will terminate at the expiration of one year from the
date of its issuance unless sooner suspended or revoked.
The Township of Bristol shall waive the requirements of the definition of "recognized school" in § 128-1 and § 128-5I of this chapter if the applicant furnishes satisfactory evidence that he or she attended not less than 70 hours of instruction in a school within or without this state or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this chapter.
Should any massage business have more than one
location where the business of massage is pursued, then a permit stating
the address of both the principal place of business and the other
location(s) shall be issued by the Chief of Police upon the tender
of a license fee which shall be set from time to time by resolution
or ordinance of the Township Council. Licenses issued for other locations
shall terminate on the same date as that of the principal place of
business, regardless of the date of issuance.
The licensee or person designated by the licensee
of a massage establishment shall maintain a register of all persons
employed at any time as masseurs or masseuses and their permit numbers.
Such register shall be available at the massage establishment to representatives
of the Township during regular business hours.
Any license issued for a massage establishment
may be revoked or suspended by the Township, after notice and 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
a masseur or masseuse, is engaged in any conduct which violates any
of the state or local laws or ordinances at licensee's place of business
and the licensee has actual or constructive knowledge by due diligence.
Such permit may also be revoked or suspended by the Township, after
notice and hearing, upon the recommendations of the Bucks County Department
of Health that such business is being managed, conducted or maintained
without regard to proper sanitation and hygiene. Such revocation proceedings
shall be as prescribed by the general rules and regulations of the
Bucks County Department of Health as applied to Bristol Township pursuant
to Township Ordinance No. 526.[1]
[Amended 10-20-1992 by Ord. No. 92-17]
A masseur or masseuse permit issued by the Chief
of Police shall be revoked or suspended where it appears that the
masseur or masseuse has been convicted of any offense which would
be cause for denial of a permit upon an original application, has
made a false statement on an application for a permit or has committed
an act in violation of this chapter. Such revocation proceedings shall
be as prescribed by the rules and regulations of the Office of Licenses,
Zoning and Inspections.
No license to conduct a massage establishment
shall be issued unless an inspection by the Township reveals that
the establishment complies with each of the following minimum requirements:
A.
Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofing materials and shall be installed in accordance with Chapter 84, Construction Codes, Uniform; plumbing fixtures shall be installed in accordance with Chapter 84, Construction Codes, Uniform.
(1)
Steam rooms and shower compartments shall have waterproof
floors, walls and ceilings approved by the Township.
(2)
Floors of wet- and dry-heat rooms shall be adequately
pitched to one or more floor drains properly connected to the sewer.
(Exception: Dry-heat rooms with wooden floors need not be provided
with pitched floors and floor drains.)
(3)
A source of hot water must be available within the
immediate vicinity of dry- and wet-heat rooms to facilitate cleaning.
B.
The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
C.
Closed cabinets shall be provided and used for the
storage of clean linen, towels and other materials used in connection
with administering massages. All soiled linens, towels and other materials
shall be kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas.
D.
Toilet facilities shall be provided in convenient
locations. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each 20 or more employees or patrons of that sex on the premises at
any one time. Urinals may be substituted for water closets after one
water closet has been provided. Toilets shall be designated as to
the sex accommodated therein.
E.
Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room or
a vestibule. Lavatories or washbasins shall be provided with soap
and a dispenser and with sanitary towels.
A.
Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
B.
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.
All employees, including masseurs and masseuses, shall
be clean and wear clean, nontransparent outer garments covering the
sexual and genital areas, the use of which garments is restricted
to the massage establishment. A separate dressing room for each sex
must be available on the premises with individual lockers for each
employee. Doors to such dressing rooms shall open inward and shall
be self-closing.
D.
All massage establishments shall be provided with
clean, laundered sheets and towels in sufficient quantity and shall
be laundered after each use thereof and stored in a sanitary manner.
E.
No massage establishment granted a license under the
provisions of this chapter shall place, publish or distribute, or
cause to be placed, published or distributed, any advertisement, picture
or statement which is known or through the exercise of reasonable
care should be known to be false, deceptive or misleading in order
to induce any person to purchase or utilize any professional massage
services.
No person shall permit any person under the
age of 18 years to come or remain on the premises of any massage business
establishment, as masseur, employee or patron, unless such person
in on the premises on lawful business.
No person shall sell, give, dispense, provide
or keep, or cause to be sold, given, dispensed, provided or kept,
any alcoholic beverage on the premises of any massage business.
No massage business shall be kept open for any
purpose between the hours of 10:00 p.m. and 8:00 a.m.
No person shall employ as a massagist any person
unless said employee has obtained and has in effect a permit issued
pursuant to this chapter.
The Chief of Police or his authorized representatives
shall be authorized to make inspections of each massage business establishment
for the purpose of determining that the provisions of this chapter
are fully complied with. If in the opinion of the Chief of Police
or his authorized representative there is probable cause to enter
a massage establishment for the purpose of making inspections and
examinations pursuant to this chapter, he shall request the owner
or occupant thereof to grant permission for such entry, and if refused,
he shall inform the Chief of Police, and he or his designee, a police
officer, shall make application pursuant to the appropriate Rules
of Civil or Criminal Procedure of the Commonwealth of Pennsylvania,
as amended from time to time, to a District Justice for a search warrant,
showing the Justice why the search warrant should be issued for the
purposes set forth in this chapter.
A.
Treatment of persons of opposite sex restricted. It shall be unlawful for any person holding a permit under this chapter to treat a person of the opposite sex except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed 10. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police pursuant to § 128-20. The requirements of this subsection shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor or in a regularly established and licensed hospital or sanatorium.
B.
It shall be unlawful for any person, in a massage
parlor, 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 part of any other person. Sexual or genital parts shall
include the genitals, pubic area, buttocks, anus or perineum of any
person or the vulva or breasts of a female.
C.
It shall be unlawful for any person, in a massage
parlor, 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 parlor, to expose the sexual or genital parts or any
portions thereof of any other person.
D.
It shall be unlawful for any person, while in the
presence of any other person in a massage parlor, to fail to conceal
with a fully opaque covering the sexual or genital parts of his or
her body.
F.
It shall be further unlawful for any permittee under this chapter to administer massage on an outcall basis as defined in § 128-1. Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage, as defined herein, upon a customer or client who, because of reasons of physical defects or incapacities or due to illness, is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment and the name and address of the customer or client and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said client or customer, shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the business of the Township shall be unlawful.
G.
It shall be unlawful for any massage service to be
carried on within any cubicle, room, booth or any area within a massage
establishment which is fitted with a door capable of being locked.
All doors or doorway coverings within a massage establishment shall
have an unobstructed opening 6 inches by 6 inches in size capable
of clear two-way viewing into and out of all cubicles, rooms or booths.
The opening shall be not less than 41/2 feet from the floor of the
establishment nor more than 51/2 feet from the floor. Toilets and
cubicles used solely for the application of liquid and vapor baths
shall have no such opening in the covering door or curtain but shall
be clearly marked as to purpose on the exterior door or curtain of
said cubicle, room or booth. Nothing contained herein shall be construed
to eliminate other requirements of statute or ordinance concerning
the maintenance of premises nor to preclude authorized inspection
thereof whenever such inspection is deemed necessary by the Police
or Health Departments.
Upon the sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in § 128-6; provided, however, that upon the death or incapacity of the licensee or any colicensee of the massage establishment, any heir or devisee of a deceased licensee or any guardian of an heir or devisee of a deceased licensee may continue the business of the massage establishment for a reasonable period of time, not to exceed 60 days, to allow for an orderly transfer of the license.
No person granted a license pursuant to this
chapter shall operate the massage establishment under a name not specified
in his license, nor shall he conduct business under any designation
or location not specified in his license.
[Amended 10-20-1992 by Ord. No. 92-17]
No license or permit shall be transferable except with the consent of the Township and ratified by the Township Council of the Township of Bristol. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in § 128-4 and 128-5. The written application for such transfer shall contain the same information as requested herein for initial application for the license or permit.
[Added 10-15-1996 by Ord. No. 96-15[1]]
A massage establishment shall be permitted only
in Planned Industrial Districts, subject to all the regulations applicable
to such zoning district, and further subject to the following additional
regulations:
A.
It shall be unlawful to establish a massage establishment
within 1,000 feet of:
C.
For purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building or structure used as a part of the premises where a massage establishment is conducted, to the nearest property, or boundary line, whichever is closer, of the premises enumerated in Subsection A(1) through (6) of this section.
[Added 10-15-1996 by Ord. No. 96-15]
The Zoning Hearing Board may waive the locational
restriction if it finds that:
A.
The proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and
intent of this chapter will be observed.
B.
The establishment of an additional regulated use in
the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any program of urban renewal.
C.
All other regulations, including but not limited to
this chapter and the building, zoning and health regulations of the
Township, will be observed.
A.
Any business lawfully operating on the effective date
of this chapter that is in violation of the locational or structural
configuration requirements of this chapter shall be deemed a nonconforming
use.
B.
Such nonconforming uses shall not be increased, enlarged,
extended or altered, except that the use may be changed to a conforming
use. If two or more massage establishments are within 1,000 feet of
one another and otherwise in a permissible location, the massage establishment
first established and continually operated at a particular location
is the conforming use and the latter established business(es) is/are
nonconforming.
C.
The massage establishment lawfully operating as a
conforming use is not rendered a nonconforming use by the location,
subsequent to the grant or renewal of the massage establishment permit
and/or license, of a church, synagogue or regular place of worship,
public or private elementary or secondary school, public or private
junior or high school, licensed day-care center, public park or residential
district within 1,000 feet of the massage establishment. This provision
applies only to the renewal of a valid permit and/or license and does
no apply when an application for a permit or license is submitted
after a permit and/or license has expired, been denied, suspended
or revoked.
[Amended 10-17-1984 by Ord. No. 1073; 10-20-1992 by Ord. No.
92-17; 10-15-1996 by Ord. No. 96-15]
Every person, except those persons who are specifically
exempted by this chapter, whether acting as an individual owner, employee
of the owner, operator or employee of the operator, or whether acting
as a mere agent or independent contractor for the owner, employee
or operator, or acting as a participant or worker in any way directly
or indirectly, who gives massages or operates a massage establishment
or any of the services defined in this chapter without first obtaining
a license or permit and paying a fee to do so from the Township, or
who shall violate any provisions of this chapter, shall, upon summary
conviction thereof, be fined an amount not to exceed $600, plus costs
of prosecution, and, in default of payment of such fine and costs,
shall be imprisoned for a term not to exceed 30 days, provided that
each day that a violation is continued shall constitute a separate
offense.
