City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter requires anyone operating a massage establishment or working as a massage technician in Pottsville to obtain a permit from the Chief of Police, and sets health, safety, and conduct rules for those businesses.

Who this affects

Massage establishments, health clubs, saunas, and steam baths (with exceptions for hospitals, licensed medical professionals, barbershops/beauty salons doing only scalp/face/neck/shoulder massage, hotels with 20+ rooms, and certain nonprofit/volunteer facilities), and the technicians who work in them.

Key rules

• No person may "engage in, conduct or carry on a massage establishment" without a permit issued by the Chief of Police.
• No massage technician may administer a massage without a valid, nonsuspended permit.
• Massage establishment permit applicants must submit extensive background information, including ownership/officer/stockholder details, prior addresses, employment history, criminal record, and a complete set of fingerprints.
• Massage technician applicants must submit similar information, including fingerprints, criminal record, and proof of being at least 18 years old.
• The annual permit fee is $100 for a massage establishment and $25 for a massage technician; permits are non-transferable.
• Massage technicians must submit a health certificate from the Health Officer, valid for 12 months.
• Establishments must be in a properly zoned district, comply with the Building Code, and provide required showers and hand basins.
• Facilities must be kept clean and sanitary, with daily disinfection of wet/dry areas and clean towels/linens for each patron; technicians must wash hands with soap and hot water before each patron.
• Permits must be displayed conspicuously, along with a copy of the chapter itself, in the establishment.
• City health, code enforcement, fire, police, and zoning officials may enter and inspect licensed premises during business hours.
• It is prohibited to touch, fondle, or massage an "erogenous area" of another person, to expose one's own or another's erogenous area, or to fail to keep the erogenous area "fully opaque" covered while in the presence of another person.
• It is prohibited to work as a massage technician anywhere other than a licensed massage establishment.
• Owners/managers may not knowingly allow employees to commit the prohibited acts listed above.
• A permit must be denied or revoked, after notice and hearing, if the applicant/permittee (or certain partners, officers, directors, or major shareholders) was convicted of a sex offense or a violation of this chapter, is under 18, or made a false statement on the application.

Penalties

"Whoever violates any provision of this chapter shall be fined not more than six hundred dollars ($600.), plus costs, or, in default of fine and costs, be imprisoned not more than ninety (90) days." Permits may also be suspended or revoked by the Chief of Police after notice and hearing.

Notable and archaic details

• The chapter defines "EROGENOUS AREA" explicitly as "the pubic area, penis, scrotum, vulva, perineum or anus" and bars exposing or touching it in a licensed massage establishment.
• The chapter's stated policy purpose is that unregulated massage establishments foster "the spread of communicable diseases" and facilitate "lewd displays and prostitution."
• A copy of the chapter itself must be posted where patrons and employees can read it.