Each massage establishment shall comply with the following requirements:
A. The premises shall have adequate equipment for disinfecting instruments
and materials used in the administration of massages. Such instruments
and materials shall be disinfected after every use.
B. All massage tables, bathtubs, shower stalls, steam rooms, sauna rooms,
bath areas and floors shall have surfaces which may be readily disinfected.
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.
D. The premises shall be equipped with a service sink for custodial
services.
E. Each massage establishment shall have a minimum of one shower, one
toilet and one washbasin.
F. If male and female patrons are to be served simultaneously, such
massage rooms, dressing facilities, toilet facilities, steam rooms
and sauna rooms as are provided shall be provided as separate facilities
for male and female patrons, and each such separate facility or room
shall be clearly marked as such.
G. Rooms in which massages are to be administered shall have at least
50 square feet of clear 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 40-watt fluorescent light bulb
in a fifty-square-foot room). Lighting in colors other than white
shall be prohibited. Such rooms shall contain a door incapable of
being locked from either the exterior or the interior.
H. No stuffed or upholstered furniture or beds and mattresses shall
be permitted in rooms in which massage is to be administered. Such
rooms shall be equipped with massage tables having a hard surface
impervious to liquids, with a width of no more than three feet and
a length of no more than eight feet. The surface of such tables shall
be positioned at least two feet above the surface of the floor. Such
tables may be equipped with either nondisposable pads or coverings
or disposable pads or coverings not more than 2 1/2 inches thick.
Nondisposable pads or coverings shall be removable, impervious to
liquids and cleanable.
Every massage establishment and every massage technician shall
comply with the following requirements:
A. Prohibited conduct. No person employed or engaged in the business
of providing massages shall treat or massage a person of the opposite
sex. No person other than an employee of the massage establishment
shall be permitted to give massages in such massage establishment,
and all massage technicians giving massages in any massage establishment
shall be licensed as such and shall be deemed to be employees of the
massage establishment for all purposes by the Township and shall not
be deemed to be independent contractors.
B. Massage establishments shall commence operations and massages may
be administered no earlier than 7:00 a.m. The hours of operations
shall extend no later than 11:30 p.m.
C. A massage establishment shall prominently and publicly display its
license on the premises, and each massage technician's license
shall be available for inspection. Price rates charged for any and
all services 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.
E. Massage establishments shall at all times be equipped with 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 massages shall not be used on more
than one patron unless they have first been disinfected. Massage table
pads and usable table coverings shall be disinfected after each use.
G. Lotions and powder used during the administering of massages shall
be stored separately in containers clearly labeled as to contents
and shall be stored in cabinets used solely for such purpose.
H. Massages shall not be administered to any patrons who have open sores
or other visual signs of contagion or communicable disease.
I. For the purposes of ascertaining violations of this chapter and conducting
routine inspections, Health Inspectors, Building Inspectors, the Fire
Marshal or duly authorized Fire Code Inspectors of the Township, or
police officers of the Upper Moreland Township Police Department shall
have the right of entry into the premises of any massage establishment
during the hours such establishment is open for business.
J. If an inspector observes that any massage technician has open sores
or otherwise has reasonable grounds to believe that any massage technician
is infected with a contagious or communicable disease, the inspector
shall have the right to suspend such technician from practicing or
administering massages until such time as the massage technician furnishes
a doctor's certificate showing the massage technician to be free
of any contagious or communicable disease.
K. The owner or licensee or duly authorized manager shall be on duty
at all times during the hours such establishment is open for business,
such owner, licensee or manager being able to be identified by wearing
prominently an identification badge identifying such owner, licensee
or manager.
L. Eating or drinking shall not be permitted on the premises, including
but not limited to the serving, either for sale or otherwise, or the
possession of any alcoholic beverages.
M. Animals, except for guide animals for the handicapped, shall not
be permitted within massage establishments.
N. All employees, including massage technicians, shall only perform
massages and have contact with patrons while fully clothed in clean,
opaque clothing covering fully the body from the shoulders to the
thighs, being no shorter than six inches above the knee, and the wearing
of any form of lingerie as the sole garment shall be prohibited.
O. No person, other than employees of the massage establishment, shall
remain on the premises of a massage establishment more than one hour
after closing. No massage establishment shall be used as a dwelling
unit or for residential purposes by any massage technician and, to
prevent the use of a massage establishment for use as a dwelling unit,
all persons, including employees, shall vacate the premises within
two hours after closing and shall not reenter the premises more than
two hours prior to opening.
P. Massage technicians shall wash their hands immediately prior to the
administration of any massage.
Q. It shall be unlawful for any person in a massage establishment to
place his or her hands upon, touch, fondle or otherwise have any physical
contact with, including massaging, a sexual or genital part of any
other person or to offer to so touch any person. It shall be unlawful
for any person in a massage establishment to expose his or her sexual
or genital area to any other person.
No license issued under the provisions of this chapter shall
be transferable to another person. Upon the sale or transfer of any
interest in a massage establishment, the license therefor shall be
null and void. Any person desiring to continue to operate such massage
establishment following the sale or transfer of any interest shall
make application therefor pursuant to the provisions of this chapter.
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 Director 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 Board of Commissioners, 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 one
month previous to 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, the owner of a massage establishment or any officer
thereof shall be liable for a civil penalty of not less than $100
for each and any violation of any provision of this chapter on the
part of any agent, servant or employee of such owner of a massage
establishment in a civil proceeding brought before a magisterial district
judge by the Township in accordance with the Pennsylvania Rules of
Civil Procedure, in which proceedings the said owner or officer shall
have the burden of proving that such violation alleged occurred without
the knowledge of or outside the control of such owner or officer.
In addition to the refusal or revocation of a license as provided
under this chapter, any person or any officer, agent, servant or employee
thereof, who shall violate any provision of this chapter, shall, upon
conviction thereof before a magisterial district judge, be sentenced
to pay a fine of not less than $100 and not exceeding $600, together
with the costs of prosecution. Each day a violation shall continue
after notification shall constitute a separate offense.