[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 6-21-1999 by Ord. No. 99-11. Amendments noted where
applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Refers to systems of activity of structured touch which include,
but are not limited to holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include but are not limited to the
use of therapies such as heliotherapy or hydrotherapy, the use of
moist hot and cold external applications, external application of
herbal or topical preparations not classified as prescription drugs,
movement and neural myofascial education and education in self-care
and stress management. Massage, bodywork and somatic therapies do
not include the diagnosis or treatment of illness, disease, impairment
or disability.
Any establishment or operation wherein massage, bodywork
or somatic therapies are administered or are permitted to be administered
when such therapies are administered for any form of consideration.
Any person, male or female, who administers massage, bodywork
and/or somatic therapies for a form of consideration.
A.Â
Business permit required. No person, firm or corporation
shall operate any establishment or utilize any premises in the Borough
of Metuchen in Middlesex County as or for a massage, bodywork or somatic
therapy establishment unless or until there has first been obtained
a permit for such establishment or premises from the Clerk of the
Borough of Metuchen in accordance with the terms and provisions in
this chapter.
B.Â
Massage, bodywork and somatic therapist permit required.
No person shall practice massage or related therapies as a massage,
bodywork and somatic therapist, employee or otherwise, unless he or
she has a valid and subsisting massage, bodywork and somatic therapist's
permit issued to him or her by the Borough of Metuchen pursuant to
the provisions of this chapter.
[Amended 12-21-2009 by Ord. No. 2009-18; 2-22-2011 by Ord. No.
2011-1]
Every applicant for a permit to maintain, operate
or conduct a massage, bodywork or somatic therapy establishment or
outcall massage, bodywork or somatic therapy service shall file an
application with the Borough Clerk upon a form provided by said Clerk
and pay an annual fee of $115.
Any person desiring a massage, bodywork or somatic
therapy business permit shall file a written application with the
Borough Clerk on a form to be furnished by the Borough Clerk. The
applicant shall accompany the application with a tender of correct
fee as hereinafter provided.
The Borough Clerk, upon receiving an application
for a massage, bodywork or somatic therapy establishment permit, shall
refer the application to the Building Department, the Fire Department,
the Police Department, the Health Department and the Zoning Officer,
which departments may inspect the premises proposed to be operated
as a massage establishment and make written recommendations to the
Borough Clerk concerning compliance with the codes that they administer.
No massage, bodywork or somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Borough
unless an inspection by the Health Officer, Building Inspector and
Fire Inspector reveals that the establishment complies with the minimum
requirements of the Building and Health Codes for businesses operating
in the Borough of Metuchen.
A.Â
To be eligible for a permit as a massage, bodywork
and somatic therapist, an applicant shall submit satisfactory evidence
of:
B.Â
For up to one year (365 days) after the date procedures are established by this chapter for applying for a permit to conduct massage, bodywork or somatic therapy in the Borough of Metuchen, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter, or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this chapter, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy with a minimum completion of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a permit to practice without satisfying the requirements in Subsection A. One year after the enactment of this chapter, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Borough of Metuchen must fulfill the requirements listed in Subsection A.
C.Â
The following information concerning the applicant
may also be required:
(1)Â
The name, complete residence address and residence
telephone number.
(2)Â
The two previous addresses immediately prior to the
present address of the applicant.
(3)Â
Written proof of age.
(4)Â
Height, weight, sex and color of hair and eyes.
(5)Â
Two front-face portrait photographs taken within 30
days of the date of the application and at least two by two inches
by two inches in size.
(6)Â
The massage therapy or similar business history and
experience, including but not limited to whether or not such person
has previously operated in this or another city or state under a license
or permit or has had such license or permit denied, revoked or suspended
and the reason therefor and the business activities or occupations
subsequent to such action or denial, suspension or revocation.
(7)Â
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and
the offense for which convicted and the circumstances thereof. The
applicant shall execute a waiver and consent to allow a fingerprint
and criminal background check by the Police Department.
(8)Â
The names and addresses of three adult residents of
the county who will serve as character references. These references
must be persons other than relatives and business associates.
[Amended 12-21-2009 by Ord. No. 2009-18; 2-22-2011 by Ord. No.
2011-1]
The applicant for a massage, bodywork and somatic
therapist's license shall pay an annual permit fee of $58, which permit
fee shall become due on the first day of January each year.
The massage, bodywork or somatic therapy establishment
shall display his/her permit and that of each and every massage, bodywork
and somatic therapist employed in the establishment in an open and
conspicuous place on the premises of the establishment.
A.Â
Every portion of the massage, bodywork or somatic
therapy establishment, including appliances and apparatus, shall be
kept clean and operated in a sanitary condition.
B.Â
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.Â
All employees, including massage, bodywork or somatic
therapists, shall be clean and wear clean, nontransparent outer garments.
D.Â
All massage, bodywork and somatic therapy establishments
shall be provided with clean, laundered sheets and towels in sufficient
quantity which shall be laundered after each use thereof and stored
in a sanitary manner.
E.Â
The sexual or genital area of patrons must be covered
by towels, cloths or undergarments when in the presence of an employee
or massage, bodywork or somatic therapist.
F.Â
It shall be unlawful for any person knowingly, in
a massage establishment, to place his or her hand upon or touch with
any part of his or her body, to fondle in any manner or to massage
a sexual or genital area of any other person.
G.Â
No massage, bodywork or somatic therapist, employee
or operator shall perform or offer to perform any act which would
require the touching of the patron's sexual or genital area.
H.Â
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 and 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.
I.Â
Oils, creams, lotions and other preparations used
in administering massage, bodywork and somatic therapies shall be
kept in clean, closed containers or cabinets.
J.Â
Animals, except for Seeing-Eye dogs, shall not be
permitted in the massage work area.
K.Â
Each massage, bodywork and somatic therapist shall
wash his or her hands in hot running water, using a proper soap or
disinfectant before administering a massage, bodywork or somatic therapy
to each patron.
The Department of Health and/or the Building
Department and/or Zoning Officer shall, from time to time, at least
once a year, make an inspection of each massage, bodywork or somatic
therapy establishment granted a permit under the provisions of this
chapter for the purpose of determining whether the provisions of this
chapter are complied with. Such inspections shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
No part of any quarters of any massage, bodywork
or somatic therapy establishment shall be used for or connected with
any bedroom or sleeping quarters, nor shall any person sleep in such
massage, bodywork or somatic therapy establishment except for limited
periods incidental to and directly related to a massage, bodywork
or somatic therapy treatment or bath. This provision shall not preclude
the location of a massage, bodywork or somatic therapy establishment
in separate quarters of a building housing a hotel or other separate
businesses or clubs.
A.Â
No owner or manager of a massage, bodywork or somatic
therapy establishment shall tolerate in his establishment any activity
or behavior prohibited by the laws of the State of New Jersey, particularly
but not exclusive of laws prescribing prostitution, indecency and
obscenity, including the sale, uttering or exposing and public communication
of obscene material; laws which relate to the commission of sodomy;
relating to the commission of adultery; and prescribing fornication;
nor shall any owner or manager tolerate in his or her establishment
an activity or behavior which violates this chapter.
B.Â
Any conviction of any employee of a massage, bodywork
or somatic therapy establishment of a violation of the aforementioned
statutes and codes shall devolve upon the owner or manager of such
club, it being specifically declared by that, following such a conviction
of an employee, the owner or manager of the club shall be prosecuted
as an accessory to such a violation and the required permits will
be automatically revoked.
Any person violating the provisions of this
chapter shall, upon conviction, be punished by imprisonment for a
term not to exceed 90 days or by a fine not exceeding $1,000, or both,
in the discretion of the Court.