§ 108-12. Massage establishment operation requirements.

Every massage establishment and every massage technician shall comply with the following requirements:

A. 

Prohibited conduct. 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. Independent contractors are specifically prohibited.

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 10:00 p.m.

C. 

A massage establishment shall prominently and publicly display all licenses issued by the Township or Commonwealth of Pennsylvania 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 unless accompanied at all times by a parent or legal guardian.

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 reusable table coverings shall be disinfected after each use.

G. 

Lotions and powder used during the administration of massage 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 article 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 Lower Providence 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 as 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 unless duly licensed by the Commonwealth of Pennsylvania.

M. 

Animals, except for service animals as defined in the Americans with Disabilities Act (28 C.F.R. § 36.104) 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 and opaque clothing that fully covers the body from the shoulders to the thighs and is no shorter than six inches above the knee. 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 and subsequent of 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, 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.