Massage Parlors
and Human Trafficking
 THE
NEW ORDINANCE WAS PASSED. Jin Lian Asian Massage on
Jenkintown Rd in the Ardsley Auto Tags building was closed
down 5-21 and the signs finally have also been removed.
Residents were promised a meeting with Police - but that did not
happen. Other parlors now, with evidence of the same
activity appear to be continuing in operation.
THE ORDINANCE
ITSELF THAT WAS PROPOSED 5-13-21 IS FOUND BELOW IN LIGHT
GREEN HIGHLIGHTS
PRIOR
CHRONOLOGY -
what happened prior to this - is found at THE VERY END OF
THIS PAGE
THE NUTSHELL ON
Massage Parlors / Human Trafficking –
Ardsley Auto Tags on Jenkintown
Road at the corner of Monroe Avenue, owned and run by the Angelo
family, was renting out a portion of its building as to a
Massage Parlor ... ok massage and perhaps a bit more.
A new ordinance is set to be passed.
We had one from 2004, but in 2008 the State passed legislation
claiming only the State could regulate ( licences (and permits? )
for massage parlor owners . That legislation took effect
in 2010. Then, in 2017, the year Mr Manfredi arrived, our
existing ordinance was declared unenforceable by the solicitor because of this
change in the law. Rather than ask Commissioners to fix
the small part of the ordinance that was out of compliance, the
entire ordinance was now treated as though it was unenforceable.
Literally right after
that, a good number of parlors sprang up in Abington
-( maybe 11 ) . We may now have as many as 13 or
17 parlors . We are still trying to get a grasp on
how many we had back then, how many sprang up, how many we have now.
We also want to know how many are actually operating properly (
we don't want them affected) and
how many might also have illicit activity going on .
The
concerns include that Commissioners claim not to have had any
clue how bad the problems were, and despite as man as 37
complaints on one, that Commissioner found out only in March or
April 2021 that such a bad problem existed in his ward. The Board President claimed
on 6-10-21 not to have known until May
2021. Neither the police nor the Solicitor, Michael
Clarke, seems to have brought that to the Commissioners'
attention.
In many, many
years of knowing the severity of the problem, and after what was
at least a 2 year long investigation of the matter, and despite
at least one arrest for prostitution, no solid evidence
seems to have been obtained by police to shut it down on
the prostitution or human trafficking charges. It
can be considered that perhaps a more far-reaching investigation
is underway and that they are seeking out the roots of the
problem which may even be in New York or international.
But that does NOT excuse them leaving Abington residents in
harms way.
It was shut down hours before the
1st public meeting based only on fire code and building
code violations. (and why they weren't enforced much
sooner is ALSO a concern) The business, therefore can fix
these fire & building violations and return..... So this is not
acceptable in the long run. The landlord appears not to
have been held to any accountability until a possible May 2021
meeting where eviction was "discussed" -- this was after
the 5-13-21 meeting on the new ordinance. But for years
prior to this, no accountability seems to have been required,
even for fire and building code issues.
At the 5-13-21 meeting, where issue was first put on the
agenda with a new version of the ordinance, the residents
had their rights to address the agenda item removed by virtue of
the fact that the agenda item ( the new ordinance) was not
presented until their speaking time was done. That
is a disgrace. They all ended up in endless testimony of the
problem they had already reported, rather than giving their
input on the new ordinance.
How did the most problematic
parlor get ignored for so long? Who will be accountable for
seeing that a new process is put into place? There are other
parlors where we have the same concerns .
WHAT IS
THE NEXT STEP FOR CONCERNED RESIDENTS ?
see
worksheet
This ordinance
is but the first step.
Those
of you who live near a parlor, please keep an eye out for
anything unusual . Report to the police - but please also report
it here
lel@abintoncitizens.com .....so residents can help hold some
reluctant feet to the fire .
We have begun a
Worksheet to
get a handle on this issue -
please click here .
It has a list of questions we'd like to get
answered and a list of local Abington and nearby Massage
Parlors .
LINKS
TRAFFICKING VICTIM SUES FEDS FOR IMMUNITY
https://www.charlotteobserver.com/news/local/crime/article245622580.html
The New Ordinance as was proposed 5-13-21
The below ordinance found On page
82 of this link from the 6-10-21 agenda packet
https://d3n9y02raazwpg.cloudfront.net/abingtonpa/22559b9c-3e1c-11eb-bc32-0050569183fa-ca2b9c28-b9cf-4f17-b573-dd2752d4679e-1622820532.pdf
TOWNSHIP OF ABINGTON, MONTGOMERY COUNTY, PENNSYLVANIA
ORDINANCE NO.___
AN ORDINANCE REPEALING AND REPLACING CHAPTER 105 –
“MASSAGE ESTABLISHMENTS” IN ITS ENTIRETY
WHEREAS, the Township of Abington is a
Township of the First Class, duly organized and existing pursuant to the applicable laws of
the Commonwealth of Pennsylvania; and
WHEREAS, pursuant to section 1502.44 of the
First Class Township Code of the Commonwealth of Pennsylvania, 53 P.S.
§56544, the Board of Commissioners has the authority
to enact and amend provisions of the
Abington Township Code (“Code”) at any time it deems necessary for the health, safety, morals,
general welfare, cleanliness, beauty, convenience and
comfort of the Township and the inhabitants
thereof; and
WHEREAS, in accordance with the First Class
Township Code of Pennsylvania, 53 P.S. §§55101, et. seq., the Township is vested
with various corporate powers, including but not
limited to the adoption and enactment of
such ordinances and regulations necessary for the proper care, management, and control of the
Township; and
WHEREAS, the Board of Commissioners of the
Township of Abington has determined that the Code of Ordinances of the Township
of Abington should be amended to repeal the
provisions of Chapter 105 – “Massage
Establishments,” and replace it as set forth herein for the health, safety, morals, general welfare,
cleanliness, beauty, convenience and comfort of the
Township and the inhabitants thereof.
165
{01282811;v1}
NOW, THEREFORE, the Board of Commissioners
of the Township of Abington does hereby ENACT and ORDAIN as follows:
1. The Code of Ordinance of the Township of
Abington shall be amended to repeal the provisions of Chapter 105 – “Massage
Establishments,” in its entirety create.
2. The Code of Ordinances of the Township
of Abington shall be further amended to enact Chapter 105 – “Massage Establishments,”
which shall read as set forth in Exhibit “A” hereto.
3. All other ordinances, portions of
ordinances, or any section of the Code inconsistent with this Ordinance are hereby repealed.
4. This Ordinance shall become effective
five (5) days after enactment.
ORDAINED AND ENACTED this ______ day of
___________________________, 2021.
TOWNSHIP OF ABINGTON
BOARD OF COMMISSIONERS
Attest: ___________________________ By:
________________________________
Richard J. Manfredi, Manager John L.
Spiegelman, President
Exhibit “A”
Chapter 105 – Massage Establishments
§ 105-1 Findings and purpose.
The Board of Commissioners of Abington
Township finds as follows:
A. That certain illegal businesses or
enterprises in the Township that offer massages and have the word "massage" and/or "spa" in the
name of the business offer prostitution
services and may involve human trafficking
and otherwise violate the laws of the Commonwealth of Pennsylvania; and
B. That unsanitary and otherwise
unhealthful conditions have a propensity to exist in these unregulated businesses or enterprises; and
C. That the Commonwealth of Pennsylvania
regulates individuals that provide massages but does not regulate massage
establishments or alternative therapy establishments;
and
D. That, based on Subsections A, B and C
above, the close regulation of establishments that offer massages and alternative therapy as
hereinafter defined, is necessary to protect
the public health, safety and welfare of
the residents, property owners, business owners and visitors to the Township.
§ 105-2 Definitions and word usage.
A. The following words, terms and phrases,
when used in this article, shall have the following meanings ascribed to them:
ALTERNATIVE THERAPY (1) The practice of an
individual who uses touch to affect the energy systems, acupoints, Qi meridians
or channels of energy of the human body while engaged
within the scope of practice of a profession with
established standards and ethics. Such practices include acupressure,
Asian bodywork therapy, polarity therapy
bodywork, quigon, reiki, shiatsu and tui na;
(2)
Reflexology;
(3) The practice of an individual who uses
touch, words and directed movement to deepen awareness
of existing patterns of movement in the body and to
suggest new possibilities of movement, while engaged
within the scope
167
{01282811;v1}
of practice of a profession with
established standards and ethics; and/or
(4) Any massage-like activity that does not
meet the definition of "massage therapy" set forth
hereinafter.
ALTERNATIVE THERAPY
ESTABLISHMENT Any place in the Township
alternative therapy is administered for the payment of a fee or
other compensation or consideration but not
including a hospital, nursing home, medical clinic or
the office of a
physician, surgeon, physical therapist,
chiropractor or osteopath, currently licensed as such by
the Commonwealth of Pennsylvania, and including barbershops or practices licensed by the
Department of
Cosmetology, or any athletic program of
accredited junior and senior high schools or colleges in
which a massage is administered by a trainer within the scope
of such athletic program. Also sometimes referred to as
"premises."
ALTERNATIVE THERAPY TECHNICIAN Any person
who administers alternative therapy to
another as part of a massage business or
alternative therapy business that is not licensed as
such by the Commonwealth of Pennsylvania.
CHIEF CODE ENFORCEMENT
OFFICER The Chief Code Enforcement Officer
of the Township of Abington, or his/her duly appointed and
authorized representative.
MASSAGE THERAPIST An individual licensed by
the State Board of Massage Therapy to practice massage therapy.
MASSAGE THERAPY The application of a system
of structured touch, pressure, movement, holding and treatment of the soft
tissue manifestations of the human body in which
the primary intent is to enhance the health and
well-being of the client without limitation, except as provided in
this act. The term includes the external application of water,
heat, cold, lubricants or other topical preparations,
lymphatic techniques, myofascial release techniques
and the use of electro-mechanical devices which mimic or
enhance the action of the massage techniques. The term
does not
168 {01282811;v1}
include the diagnosis or treatment of
impairment, illness, disease or disability; a medical procedure;
a chiropractic manipulation, adjustment, physical therapy
mobilization; manual therapy; therapeutic exercise;
electrical stimulation; ultrasound or prescription of
medicines for which a license to practice medicine,
chiropractic, physical therapy, occupational therapy, podiatry or
other practice of the healing arts is required, or any
other area licensed by the Commonwealth of Pennsylvania.
MASSAGE THERAPY ESTABLISHMENT Any place in
the Township where massage therapy is administered for the payment of a fee or
other compensation or consideration but not
including a hospital, nursing home, medical clinic or
the office of a physician, surgeon, physical therapist,
chiropractor or osteopath, currently licensed as such by
the Commonwealth of Pennsylvania, and including barbershops or practices licensed by the
Department of Cosmetology, or any athletic program of
accredited junior and senior high schools or colleges in
which a massage is
administered by a trainer within the scope
of such athletic program. Also referred to as "premises."
PERSON Any individual, association, firm,
partnership, limited partnership, corporation, trust or other
legally recognized entity.
RECOGNIZED SCHOOL Any school or educational
institution licensed to operate as a school educational institution in the
state in which it is located or any school recognized or
approved by the American Massage and Therapy Association,
Inc., or such other bona fide educational institution
that provides education on massage therapy and/or
alternative therapy.Such educational institution shall have the
purpose of teaching the theory, method, profession or
work of an alternative therapy, and issues a diploma
or certificate of graduation.
SEXUAL OR GENITAL AREA The genitals, pubic
area, anus or perineum of any person, and the vulva and breasts of a female.
THERAPY "Alternative therapy" or "massage
therapy" as defined
169 {01282811;v1}
herein.
B. In this article, any word used in the
singular shall include the plural, any word used as a plural shall include the singular, and the
masculine shall include the feminine and the neuter.
§ 105-3 License requirements; fee.
A. License requirements for massage
establishments. Requirements for the issuance of a license as a massage establishment are as
follows:
1. Licensing of massage establishments. All
massage establishments must register with and be licensed by the Township. No
massage establishment shall engage in massage business unless all massage
therapists are licensed by the Commonwealth of Pennsylvania. The owner
and/or operator of massage establishment shall register its business
as well as all massage therapists and provide copies of the licenses issued by
the Commonwealth of Pennsylvania for all massage therapists to the Township on a
fully completed application provided by the Township. The application must be
filed in person by the person seeking the license during regular business hours.
The owner and operator of the massage establishment shall have an ongoing
obligation to update the names of massage therapists. The license fee for
such license shall be determined from time to time by resolution of the Board of
Commissioners.
2. All massage establishments must provide
proof that all other required business
licenses have been obtained and provide
confirmation from the taxing entity that arrangements have been made for the
payment of required business
privilege tax, local service tax and/or
earned income tax for its employees.
B. License requirements for alternative
therapy establishments. Requirements for the
issuance of a license as an alternative
therapy establishment are as follows:
1. Licensing of alternative therapy
establishments. All alternative therapy
establishments must register with and be
licensed by the Township. No alternative therapy establishment shall
engage in alternative therapy business
unless all alternative therapy technicians
are licensed by the Township. The owner and/or operator of alternative
therapy establishment shall register its
business as well as all alternative therapy
technicians on a fully completed
application provided by the Township. The
application must be filed in person by
170 {01282811;v1}
the person seeking the license during
regular business hours. The owner and operator of the alternative therapy
establishment shall have an ongoing obligation to update the names of
alternative therapy technicians. The license fee for such license shall be determined
from time to time by resolution of the
Board of Commissioners.
2. All alternative therapy establishments
must provide proof that all other required
business licenses have been obtained and
provide confirmation from the taxing entity that arrangements have been made for
the payment of required business
privilege tax, local service tax and/or
earned income tax for it employees.
C. Licensing requirements for alternative
therapy technicians. Requirements for the
issuance of a license as an alternative
therapy technician are as follows:
1. Fee and contents. Any person desiring to
obtain a license to provide services as an alternative therapy technician shall
submit an application to the Township. A fee shall accompany the submission of the
application to defray the costs of
administration and investigation. The
amount of the fee the alternative therapy technician license shall be set by
resolution of the Board of Commissioners. The application must be filed in person by the
person seeking the license during regular business hours. Applicant shall be
required to identify the alternative
therapy establishment where applicant will
be employed.
2. Diploma or certification of graduation.
Applicant must receive training and education and receive a diploma or
certification of graduation from a recognized school. In the event that such person was
previously licensed to perform
massages in the Township, not having
completed such course of study, at the expiration of such person's current
license, such person shall be issued a provisional license for a six-month period
for the purpose of enrolling and completing such course of study.
3. Investigation. Applications for licenses
for alternative therapy technicians shall be referred to the Abington Township Police
Department, which shall cause an investigation to be made and report the
findings to the Chief Code Enforcement Officer. Applicants shall cooperate with
any investigation conducted pursuant to the provisions of this article and shall
permit access to the proposed place of business and facilities in conjunction with
such investigation. In addition, each applicant for licenses for an alternative
therapy technician must submit the following:
171 {01282811;v1}
i. Two forms of identification issued by
either the federal or state government with one containing a
photograph.
ii. FBI criminal background check per the
directions at FBI website (must be the sealed and unopened envelope from FBI).
iii. Certified state police criminal
background check for the state in which they reside (must be notarized).
iv. Signed release permitting Abington
Township Police to conduct local records check.
D. Granting of license. Within 60 days of
the receipt of an application, required documents set forth above and fee, the Chief Code
Enforcement Officer shall either grant or deny the license applied for by the applicant.
The license shall be granted, provided that
applicant, as applicant's name as it
appears on the application, has not been convicted
of or entered a plea of guilty to any
felony or has pleaded guilty to a felony or has a
felony charge currently pending or has
forfeited bail or has been convicted of or pleaded
guilty to a violation of Section 5902 of
the Crimes Code of the Commonwealth of
Pennsylvania, 18 Pa.C.S.A. § 5902,
pertaining to prostitution and related offenses, or any law of any other jurisdiction involving
sexual misconduct.
§ 105-4 Massage establishment and
alternative therapy establishment premises minimum requirements.
Each massage establishment and alternative
therapy establishment premises shall comply with the following minimum requirements:
A. The premises shall have adequate
equipment for disinfecting instruments and materials. Such instruments and materials shall be
disinfected after every use.
B. All tables, bathtubs, shower stalls,
steam rooms, sauna rooms, bath areas and floors shall have surfaces which may be readily
disinfected. Surfaces of all tables or other apparatus used to perform massages or alternative
therapies shall be of a nonporous material that can be disinfected after each use.
C. All walls, ceilings, floors, showers,
bathtubs, steam rooms, sauna rooms and all other physical facilities shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation. When carpeting is used on the
floors, it shall be kept dry.
172 {01282811;v1}
D. The premises shall be equipped with a
service sink for custodial services.
E. The premises shall have a minimum of one
toilet and one washbasin.
F. Treatment rooms shall be at least 50
square feet of floor area and shall maintain a light
level of no less than 20 footcandles as
metered at three feet above the surface of the floor (for illustrative purposes only, such light
level is equivalent to light from a single forty-watt fluorescent lightbulb in the
fifty-square-foot room). Such rooms shall contain a door incapable of being locked from either the
exterior or the interior.
G. The premises must comply with applicable
ordinances of the Township, including but not limited to the building, fire prevention
and zoning ordinances of the Township.
§ 105-5 Massage establishment and
alternative therapy establishment operation minimum requirements . Every massage establishment and every
massage therapist and every alternative therapy establishment and alternative therapy
technician shall comply with the following minimum requirements:
A. Prohibited conduct. Only employees of
the respective establishments may offer and provide therapy to clients. Independent contractors
are specifically prohibited.
B. Therapies may commence operation no
earlier than 7:00 a.m. The hours of operation shall extend no later than 10:00 p.m.
C. All licenses issued by the Township or
Commonwealth of Pennsylvania shall be on display and available for inspection. Price rates
charged for any and all therapies shall be prominently posted in the reception area in
a location available for view and no charges may be made other than in accordance with
such posted rates.
D. No person under the age of 18 years of
age shall be permitted to enter or remain on the premises or receive any massage therapy or
alternative therapy unless accompanied at all times by a parent or legal guardian.
E. There shall be an adequate supply of
clean towels, linens and coverings. Towels, linens and coverings shall not be used by or on more
than one patron unless they have first been laundered and disinfected. Disposable
towels, linens and coverings shall not be used by or on more than one patron. Soiled towels,
linens and coverings shall be deposited in
173 {01282811;v1}
approved receptacles; disposable items
shall not be deposited in the same receptacle as nondisposable items.
F. Instruments used in administering
therapies shall not be used on more than one patron unless they have first been disinfected.
Table pads and reusable table coverings shall be disinfected after each use.
G. The owner, licensee or duly authorized
manager shall be on duty at all times during the hours an establishment is open for
business.
H. Other than while the premises is open
for business, eating or drinking shall not be permitted on the premises. The sale and/or
the serving of alcoholic beverages shall be strictly prohibited at all times unless
duly licensed by the Commonwealth of Pennsylvania.
I. Animals, except for guide and service
animals for the handicapped, shall not be permitted within the premises.
J. All employees must be at all times fully
clothed in clean and opaque clothing that fully covers the body from the shoulders to the
thighs and is no shorter than six inches above the knee.
K. No patron or persons, other than
employees of the establishment, shall remain on the premises more than one hour after closing.
The premises shall not be used as a dwelling unit and may not have a stove in the
premises.
L. Massage therapists and alternative
therapy technicians shall wash their hands immediately prior to and subsequent of the
administration of any therapies and shall observe hygiene practices as set forth in the Pennsylvania
Massage Law, 65 P.S. § 627.1 et seq., and accompanying regulations in Chapter 20 of
the Pennsylvania Code.
M. It shall be unlawful for any person
providing therapies to place his or her hands upon, touch, fondle or otherwise have any
physical contact with, including massaging a sexual or
genital area of any other person or to
offer to so touch any person in a sexual or genital area. It shall be unlawful for any person
providing therapies to expose his or her sexual or genital area to any other person.
N. For the purposes of ascertaining
violations of this ordinance and conducting routine inspections, federal, state and county
officials, the Chief Code Enforcement Officer, Code
174 {01282811;v1}
Enforcement Officer(s), health inspectors,
building inspectors, the Fire Marshal or duly authorized fire code inspectors of the
Township, or police officers of the Abington Township Police Department shall have the right of
entry into the premises of any massage establishment or alternative therapy
establishment during the hours such respective establishment is open for business or
occupied during such hours permitted pursuant to this Chapter.
§ 105-6 Sale or transfer of license.
No license issued under the provisions of
this article shall be transferable or assignable.
§ 105-7 Revocation of license. Every license issued under the provisions
of this article is subject to revocation for violation of any of the provisions of this article. Said
license may be revoked by the Chief Code Enforcement Officer after notice of the basis for such
revocation. The license holder shall have the right to appeal from such proposed revocation to the
Board of Commissioners and request a hearing. Notice of revocation shall be given in
writing and shall be served at least 10 days prior to the effective date of the revocation by
certified mail, by personal service on the license holder or by posting the notice upon the entrance to the
massage establishment. The notice shall advise the license holder of the right to appeal the
proposed revocation. A hearing shall be held before the Township Board of Commissioners and the
license holder shall have the right to be represented at such hearing and to produce evidence.
§ 105-8 Expiration of license. All licenses issued pursuant to the
provisions of this article shall expire one year after the date of issuance. No later than one month
previous to the expiration, licensees shall make application for renewal of said license.
§ 105-9 Violations and penalties.
In addition to the refusal or revocation of
a license as provided under this article, any violation of this article shall be enforced by action
brought before a District Justice in the same manner
provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation
who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to
pay a fine of not more than $1,000 and/or to
imprisonment for a term not to exceed 10
days. Each day that a violation of this article continues, or each section of this article
which shall be found to have been violated, shall constitute a separate offense. For purposes
of this article, the doing of any act or thing prohibited by any provision of this
article, or the failure to do any act or thing as to which any
175 {01282811;v1}
provision of this article creates an
affirmative duty, shall constitute a violation of this article punishable as herein stated. It shall be an
affirmative defense that the violation alleged occurred without the knowledge of or
outside the control of such owner of the property.
§ 105-10 Time for compliance. Massage establishments, alternative therapy
establishments and alternative therapy technicians operating in the Township of
Abington as of the time of the effective date of this article shall have 60 days from said
effective date in which to comply with the provisions of this
article.
§ 105-11 Repealer.
All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
§ 105-12 Severability.If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions,
sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the
Board of Commissioners of Abington Township that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included
therein.
§ 105-13 When effective. This article shall become effective five
days after enactment.
__________________________________________
END OF ORDINANCE PROPOSED
5-13-21
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7-13-21 Neighbors' zoom
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