[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:
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.
REGULATED ESTABLISHMENT
Any place in the Township requiring a license under this chapter.
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.
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.
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.