The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
ALTERNATIVE THERAPY
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.
ALTERNATIVE THERAPY ESTABLISHMENT
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.
MASSAGE PARLOR
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.
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 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.
SEXUAL OR GENITAL AREA
The genitals, pubic area, anus or perineum of any person,
and the vulva and breasts of a female.
THERAPY ROOM
Any separate area within a massage therapy establishment
or alternative therapy establishment where services are to be rendered.
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.