[HISTORY: Adopted by the Board of Supervisors
of the Township of Middletown 10-4-2021 by Ord. No. 21-06. Amendments noted where
applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
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, qigong, Reiki,
shiatsu and tui na; reflexology; 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 of practice of a profession
with established standards and ethics; and/or any massage-like activity
that does not meet the definition of "massage therapy" set forth hereinafter.
Any place where 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.
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.
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 chapter. The term includes the external application of water,
heat, cold, lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electromechanical devices
which mimic or enhance the action of the massage techniques. The term
does not 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.
Any place in the Township requiring a license under this
chapter.
The genitals, pubic area, anus or perineum of any person,
and the vulva and breasts of a female.
Any separate area within a massage therapy establishment
or alternative therapy establishment where services are to be rendered.
A.
License requirements for massage parlors. Requirements for the issuance
of a license as a massage parlor are as follows:
(1)
All massage parlors must register with and be licensed by the
Township. All massage therapists practicing massage therapy at a massage
parlor must be licensed by the Commonwealth of Pennsylvania. The owner
and/or operator of a massage parlor shall register their 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 parlor shall have an ongoing obligation to update the names
of all massage therapists practicing in the establishment and all
other persons employed by the massage parlor. The license fee for
such license shall be $100 or as determined from time to time by resolution
of Council.
(2)
All massage parlors 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)
All alternative therapy establishments must register with and
be licensed by the Township. The owner and/or operator of an alternative
therapy establishment shall register their business 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 alternative therapy establishment
shall have an ongoing obligation to update the names of all employees.
The license fee for such license shall be determined from time to
time by resolution of Council.
(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 their employees.
C.
Investigation. Applications for licenses for massage parlors or alternative
therapy establishments shall be referred to the Middletown Township
Police Department, which shall cause an investigation to be made and
report the findings to the Director of Building and Zoning. Applicants
shall cooperate with any investigation conducted pursuant to the provisions
of this chapter and shall permit access to the proposed place of business
and facilities in conjunction with such investigation. In addition,
each applicant for licenses for massage parlors or alternative therapy
establishments applicants must submit the following for themselves
and all employees:
(1)
Two forms of identification issued by either the federal or
state government with at least one containing a photograph.
(2)
FBI criminal background check per the directions at the FBI
website (must be the sealed and unopened envelope from the FBI).
(3)
Signed release permitting Middletown Township Police Department
to conduct a local records check.
D.
Granting of license. Within 60 days of the receipt of an application,
required documents set forth above and fee, the Middletown Township
Police Chief or his or her designee shall either grant or deny the
license applied for by the applicant. The license shall be granted,
provided that the regulated establishment meets all minimum requirements
set forth hereafter, and the applicant, and all employees thereof,
have not been convicted of or entered a plea of guilty to any felony
or have a felony charge currently pending or has forfeited bail or
have 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 jurisdiction involving prostitution and related
offenses.
Every massage parlor and alternative therapy establishment shall
meet the following requirements.
A.
Only employees of the respective regulated establishment may offer
and provide services to clients. Independent contractors are specifically
prohibited.
B.
Regulated establishments may commence operation no earlier than 7:00
a.m. The hours of operation shall extend no later than 9:00 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 parlor 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 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.
Therapy 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
be accessible only by a door incapable of being locked from either
the exterior or the interior.
H.
The owner or duly authorized manager shall be on duty at all times
during the hours a regulated establishment is open for business.
I.
The sale and/or the serving of alcoholic beverages shall be strictly
prohibited at all times unless duly licensed by the Commonwealth of
Pennsylvania.
J.
Animals, except for guide and service animals, shall not be permitted
within the premises.
K.
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.
L.
No patron or persons, other than employees of the regulated 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.
M.
Employees shall wash their hands immediately prior to and subsequent to the administration of any therapies and shall observe hygiene practices as set forth in the Pennsylvania Massage Law, 63 P.S. § 627.1 et seq., and accompanying regulations in Chapter 20 of the Pennsylvania Code.
N.
It shall be unlawful for any person providing therapies to place
their 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.
O.
It shall be unlawful for any employee of a regulated establishment
to expose their sexual or genital area to any customer or other person.
P.
For the purposes of ascertaining violations of this chapter and conducting
routine inspections, federal, state and county officials, Code Enforcement
Officer(s), health inspectors, building inspectors, the Fire Marshal
or duly authorized fire code inspectors of the Township, or police
officers of the Middletown Township Police Department shall have the
right of entry into the premises of any massage parlor or alternative
therapy establishment during the hours that such regulated establishment
is open for business or occupied during such hours as permitted above.
Q.
In the event that the Township Police have probable cause to believe
that a regulated establishment is operating in violation of this chapter,
they may inspect the premises of the regulated establishment for purposes
of ensuring compliance with this chapter during any time it is open
for business or otherwise occupied.
No license issued under the provisions of this chapter shall
be transferable or assignable.
Every license issued under the provisions of this chapter is
subject to revocation for violation of any of the provisions of this
chapter. Said license may be revoked by the Middletown Township Police
Chief or their designee after notice of the basis for such revocation.
The license holder shall have the right to appeal from such proposed
revocation to Council 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 regulated establishment. The notice shall advise the license
holder of the right to appeal the revocation. A hearing shall be held
before Council and the license holder shall have the right to be represented
at such hearing and to produce evidence.
All licenses issued pursuant to the provisions of this chapter
shall expire one year after the date of issuance. No later than 60
days before the expiration, licensees shall make application for renewal
of said license.
In addition to the refusal or revocation of a license as provided
under this chapter, any violation of this chapter 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 chapter 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 chapter
continues, or each section of this chapter which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this chapter, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.
Massage parlors and alternative therapy establishments operating
in the Township as of the time of the effective date of this chapter
shall have 60 days from said effective date in which to apply for
a license as required by this chapter.
All ordinances or parts thereof inconsistent with the provisions
of this chapter are hereby repealed to the extent necessary to resolve
the inconsistency.
The provisions of this chapter are declared to be severable.
If any provision of this chapter is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such determination
shall have no effect on the remaining provisions of this chapter.
