Borough of Runnemede, NJ Chapter 246 Massage Establishments

[HISTORY: Adopted by the Mayor and Council of the Borough of Runnemede 12-7-1999 by Ord. No. 99-13 (Ch. 74B of the 1970 Code); amended in its entirety 4-5-2022 by Ord. No. 22-03. Subsequent amendments noted where applicable.]

§ 246-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

MASSAGE

Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where any person, partnership, corporation or association engages in, carries on or permits to be engaged in or carried on the practice of massage as is defined above, but shall exclude licensed hospitals, licensed nursing homes, medical clinics and the offices and quarters of licensed health profession practitioners.

MASSAGE TECHNICIAN

Any masseur (male) or masseuse (female) who engages in the practice of massage for any consideration whatsoever but shall exclude persons licensed by the State of New Jersey to practice healing arts (i.e., medicine, osteopathy, podiatry, physical therapy, nursing, chiropractic) and barbers, beauticians and manicurists insofar as they deal with the head, hands and feet.

PERSON

Any individual or any firm, partnership, corporation or other association of individuals or group acting as a unit.

SEXUAL OR GENITAL AREA

Includes the genital organs, pubic area, anus or perineum of any person; the penis or scrotum of any male person; the vulva, vaginal cavity or breasts of any female person.

§ 246-2 Massage license required.

It shall be unlawful for any person to engage in, conduct or carry on the practice of massage in the Borough of Runnemede without first having obtained the appropriate license from the State of New Jersey.

§ 246-3 Necessary facilities for massage establishment.

No massage establishment shall be issued a permit, nor operated, established or maintained in the Borough unless an inspection by the Board of Health and Construction Code Official, or their designee, reveals that the establishment complies with each of the following minimum requirements:

A. Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the appropriate state building code of the Borough.

B. All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.

C. Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

D. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

E. Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels, and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

F. Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for half of the water closets for the male patrons after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

G. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.

H. The premises shall be equipped with a service sink for custodial supplies.

I. The premises shall comply with all building and safety codes of the State of New Jersey and this Borough.

§ 246-4 Operating regulations.

A. All areas of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

B. Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

C. All employees of a massage establishment, including the massage technician, shall be clean and wear clean nontransparent outer garments. A separate dressing room for each sex must be available on the premises. Doors to such dressing rooms shall open inward and shall be self-closing.

D. The massage establishment shall be stocked with clean, laundered sheets and towels in a sufficient quantity and which shall be laundered after each use thereof and stored in a sanitary manner.

E. The sexual and genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or a massage technician.

F. All walls, ceilings, floors, pools, showers, bathtubs, steam 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. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

G. Oils, creams, lotions and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

H. Eating in the massage work areas shall not be permitted. Animals, except for Seeing Eye dogs, shall not be permitted in the massage work areas.

I. Each massage technician shall wash his or her hands in hot running water using a proper soap or disinfectant before administering a massage to each patron.

J. Each massage establishment and each massage technician shall keep and maintain at all times on the premises of said establishment a written record of the patrons served, which record shall include the name and address of the patron, the date and time (including duration) of the massage operation, the type and nature of the massage performed and the fee or other consideration charged. Said records shall be maintained for not fewer than five years.

§ 246-5 Prohibited activities.

It shall be unlawful:

A. For a massage technician or any other person knowingly to place his or her hand or hands upon or to touch with any part of his or her body, to fondle or caress in any other manner or to massage the sexual or genital area of any other person.

B. For a massage technician or any other person to perform, offer or agree to perform any act which would require the touching of the sexual or genital area of any other person.

C. To employ any person under the age of 18 years in any capacity in and at a massage establishment.

D. To permit any person under the age of 18 years to come to or remain on the premises of any massage establishment whether as a patron, guest or otherwise.

E. To employ a person to practice a massage without such person being duly licensed as a massage technician.

§ 246-6 Display of licenses.

The license of a massage establishment shall be displayed and each massage technician shall display his or her respective valid licenses in a conspicuous place within the massage establishment in such manner that the same may be readily seen by persons upon entering the establishment.

§ 246-7 Inspections.

A. The appropriate official or their designee shall, from time to time, make inspections of each massage establishment for the purposes of determining compliance with the provisions of this chapter. Such inspection shall include the right to inspect the records required to be maintained pursuant to § 246-4J hereinabove. In applying for and accepting a massage establishment license, the licensee is deemed to have agreed to such inspection without notice or legal process.

B. It shall be unlawful for any person to prohibit or attempt to prohibit an inspection as provided in Subsection A above.

§ 246-8 Violations and penalties.

Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty as provided in § 1-15, General penalty, of this Code.