[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-28-2023 by Ord. No. 2023-25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 145, Massage, Bodywork and Somatic Therapy Establishments, adopted 11-5-2008 by Ord. No. 2008-21.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
MASSAGE AND BODYWORK THERAPIES
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 purpose 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, explaining and describing myofascial movement, self-care and stress management as it relates to massage and bodywork therapies. Massage and bodywork therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE AND BODYWORK THERAPIST
Any person who administers massage, bodywork and/or somatic therapies for any form of consideration.
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT
Any establishment or operation wherein massage or bodywork therapies are administered or are permitted to be administered when such therapies are administered for any form of consideration.
A. 
Massage and bodywork therapy establishment permit required. No person, firm or corporation shall advertise or hold itself out as offering massage and/or bodywork therapies or operate any establishment or utilize any premises in the Township of Lopatcong as or for a massage and/or bodywork therapy establishment, unless or until there has first been obtained a permit for such establishment or premises from the Township of Lopatcong in accordance with the terms and provisions in this chapter.
B. 
Massage, bodywork and somatic therapist license required. No person shall practice massage or bodywork therapies as a massage and/or bodywork therapist, employee or otherwise, unless he or she has a valid and subsisting massage and bodywork therapist's license issued to him or her by the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1 et seq.
Any person desiring a massage and bodywork therapy establishment business permit shall file a written application with the Municipal Clerk's office on a form to be furnished by the Clerk/Administrator. The applicant shall accompany the application with a tender of the correct fee as hereinafter provided and shall, in addition, furnish the following:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
B. 
The name, style and designation under which the business is to be conducted.
C. 
The business address and all telephone numbers, including facsimile, where business is to be conducted.
D. 
A complete list of the names and addresses of all massage and bodywork therapists and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business.
E. 
The names and addresses of three adults who will serve as character references. These references must be persons other than relatives and business associates.
F. 
The following personal information concerning the applicant, if an individual; concerning each stockholder holding more than 10% of the stock of the corporation, each officer and each director, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business:
(1) 
The name, complete residence address and residence telephone number.
(2) 
The two previous addresses immediately prior to the present address of the applicant.
(3) 
Copy of current driver's license or other government issued ID.
(4) 
Height, weight, sex and color of hair and eyes.
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application and at least two inches by two inches in size.
(6) 
The massage therapy or similar business history and experience, including, but not limited to, whether or not such a person has previously operated in this or another city or state under a 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) 
All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Police Department.
Every applicant for a permit to maintain, operate or conduct a massage and bodywork therapy establishment shall file an application with the Municipal Clerk's office, upon forms to be provided by the Clerk/Administrator, and shall pay a fee of $500. The permit to be issued shall be valid until March 31 of the third year that the permit is in effect.
A. 
The Municipal Clerk's office, upon receiving an application for a massage and therapy establishment permit, shall refer the application to the Construction Official, the Fire Department and the Police Department. These departments, along with the Clerk/Administrator, shall inspect the premises proposed.
B. 
No massage and bodywork therapy establishment shall be issued a permit or be operated, established or maintained in the Township unless an inspection by the Police Department, Construction Official, and/or Fire Inspector reveals that the establishment complies with the minimum requirements of the building and health codes for businesses operating in the Township of Lopatcong.
C. 
The floor plans for the proposed facility must be submitted to the Municipal Clerk's office as part of the application so that they can be reviewed and approved by the Clerk/Administrator and so that the Clerk/Administrator can advise the applicant of potential problems prior to the opening of business.
A. 
Unless an applicant for a massage and bodywork therapy establishment permit or renewal thereof can produce proof satisfactory to the Police Chief that a criminal background check was conducted at the time of registration with the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-76 and N.J.S.A. 45:11-80, all applicants seeking a massage and bodywork therapy establishment permit, renewal or temporary permit under this chapter shall respond to the Lopatcong Township Police Department with a current driver's license or other government-issued photo identification. The applicant shall be provided with a fingerprint application form to obtain fingerprints from a vendor licensed by the State of New Jersey. The applicant, at the applicant's expense, shall respond to the authorized fingerprint vendor's location for a fingerprint check. The Chief of Police or his or her designee shall investigate the information available and shall recommend approval of disapproval of a permit within 30 days.
B. 
Except for massage and bodywork therapists who have been issued a license by the New Jersey Board of Massage and Bodywork, all employees of a massage and bodywork establishment that is subject to this chapter, including paid and non-paid employees and volunteers operating in the establishment, shall apply for a criminal history background check in accordance with the procedure set forth in § 145-6A. The disapproval by the Chief of Police of the background check of any employee will constitute cause for denial or revocation of a permit.
C. 
Before a prospective employee, as defined in § 145-6B, may be employed by an establishment to which a permit has been issued, such prospective employee must provide his/her residence address, apply for a criminal history background check in accordance with the procedure set forth in § 145-6A, and submit proof satisfactory to the Health Officer that they have applied for the criminal history background check. Such person shall be employed only on a probationary basis, not to exceed 30 days, until the background check has been provided to and approved by the Chief of Police or his designee as set forth in § 145-6A and the Health Officer so notified. Prior to beginning employment, the prospective employee shall also provide to the Health Officer three front-face portrait photographs at least two inches by two inches in size, taken within 30 days of the date of the hiring. The full legal name and any nickname or alias of the employee in the photograph shall be printed on the rear side of each photograph. A photocopy of the front and back of a valid government-issued photo identification may be provided in lieu of photographs.
All permit applications under this chapter shall be reviewed and approved or denied by the Health Officer. Any permit issued pursuant to this chapter shall be valid only to the sole proprietorship, partnership, limited liability partnership or company, corporation or any other form of business organization to which the permit was issued and shall not be transferable to another premises.
A. 
Any person, firm, corporation or other entity found to be operating any establishment or utilizing any premises in the Township of Lopatcong as or for a massage and bodywork therapy establishment after having been denied a permit or after failing to renew a permit may be ordered closed by the Health Officer or his or her designee or the Chief of Police or his or her designee.
B. 
Permits issued under this chapter may be suspended by the Health Officer or his or her designee, the Construction Official, the Fire Prevention Official or the Chief of Police or his or her designee, provided that the Health Officer is so notified within 24 hours of the suspension, in accordance with § 145-8C, or be revoked or suspended by the Township Council, or by a hearing officer duly appointed by the Township Council, after notice and a hearing, as applicable, for any of the following causes.
(1) 
Fraud, misrepresentation or false statement in the application for the permit.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Township.
(3) 
Conviction of an offense involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution and any offense involving dishonesty.
(4) 
Conducting the permitted business in the Township in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
(5) 
Failure to submit a valid State of New Jersey Massage and Bodywork Employer Registration issued by the New Jersey Board of Massage and Bodywork Therapy.
(6) 
Employing or otherwise permitting persons to perform massage or bodywork therapy in the establishment who are not currently licensed by New Jersey Board of Massage and Bodywork Therapy as massage and bodywork therapists.
(7) 
The owner and/or operator or any employee refuses to permit, hinders, or obstructs, the Health Officer or his or her designee or any duly authorized police officer or official to inspect the premises or the operation therein.
(8) 
Any violation of this chapter.
C. 
Notice of the hearing for the revocation of a permit shall be given, in writing, by the Health Officer setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such permit by simultaneous regular mail and certified mail, return receipt requested. A hearing for the revocation of a permit shall be held within 10 business days of the date of the notice.
D. 
Such permit may, pending revocation proceedings, be suspended for not more than 10 business days (Monday through Friday excluding holidays) by the Health Officer if, in his or her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Township of Lopatcong.
E. 
At the hearing before the Township Council, or a hearing officer duly appointed by the Township Council, the permittee shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Township Council, or the hearing officer, the complaint may be dismissed, or if the Township Council, or the hearing officer, concludes that the charges have been sustained and substantiated, it may suspend or revoke the permit or deny reinstatement of the permit, as applicable, and stipulate the conditions required for reinstatement of the permit.
F. 
If any such permit shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another permit to carry on the same business within the Township, unless the application for such permit shall be approved by the Township Council.
G. 
A person, firm, corporation or other entity whose permit has been revoked or suspended shall close the establishment and request all patrons to vacate the premises.
The massage and bodywork therapy establishment shall display its state issue registration and permit issued by the Township as well as the original or duplicate license, in accordance with N.J.A.C. 13:37A-3.4, of each and every massage and bodywork therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
A. 
Every portion of the massage and bodywork therapy establishment, including appliances and apparatus, shall be kept clean and shall be 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, including massage and bodywork therapists, shall be clean and shall wear clean, nontransparent outer garments. Dressing rooms must be available on the premises. Doors to such dressing rooms shall open inward and be self-closing. If the dressing room is also used as the therapy/massage room, then adequate procedures shall be in place to safeguard the privacy of the client. In no case shall these doors be locked when both a client and any employee are present.
D. 
All massage and bodywork 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. 
The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage and bodywork therapist.
F. 
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. 
No massage and bodywork 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. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and shall be 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. 
Oils, creams, lotions and other preparations used in administering massage and bodywork therapies shall be kept in clean, closed containers or cabinets.
J. 
Animals, except for service animals, shall not be permitted in the massage work area.
K. 
Each massage and bodywork therapist shall wash his or her hands up to an including the elbows in hot running water, using proper soap or disinfectant before administering a massage and/or bodywork therapy to each patron. All restroom and workstation hand wash sinks are to be stocked with liquid hand soap and paper towels. Restroom handwash sinks must have signs conspicuously displayed with the following language: "Employees must wash hands after using the restroom."
The Municipal Clerk's office, and/or the Building Department and Police Department, shall, from time to time, at least twice a year, make an inspection of each massage and bodywork 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 inspection 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 and bodywork therapy establishment shall be used for or connect with any bedroom or sleeping quarters, nor shall any person sleep in such massage and bodywork therapy establishment, except for limited periods incidental to and directly related to a massage and bodywork therapy treatment. 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 business or clubs.
A. 
No owner or manager of a massage and bodywork therapy establishment shall allow, permit, or suffer in his or her establishment any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material; laws which relate to the commission of sodomy; laws relating to the commission of adultery; and laws proscribing fornication; nor shall any owner or manager tolerate in his or her establishment an activity or behavior which violates this chapter.
B. 
Upon any conviction of a massage and bodywork therapy establishment of a violation of the aforementioned state statutes or this chapter, the required establishment permit will be automatically revoked.
C. 
Any conviction of any employee of a massage and bodywork therapy establishment of a violation of the aforementioned statutes and codes may devolve upon the owner or manager of such establishment, it being specifically declared that following such conviction of an employee, the owner or manager of the establishment may be prosecuted as an accessory to such violation and the permits which have been issued may be revoked pursuant to the procedures set forth in § 145-8. Cause for closure; suspension or revocation of permit.
D. 
It shall be unlawful for any person knowingly, in a massage and bodywork therapy establishment, to engage in sexual misconduct as set forth in N.J.A.C. 13:37A-3.5.
In addition to the revocation or suspension of the permit granted under this chapter, any person violating the provisions of this chapter shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days, community service for a term not exceed 90 days, or by a fine not exceeding $2,000, or any combination thereof, in the discretion of the court.
The provisions of this chapter shall not apply to massage and bodywork therapies given:
A. 
In the office of a licensed physician, chiropractor or physical therapist; or
B. 
By a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
C. 
By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or
D. 
By a licensed barber, esthetician or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or upper part of the body, or manicurists or pedicurists, as set forth in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.; or
E. 
By a reflexologist, certified accredited by an established reflexology certification board, limited to the areas of the hands, ankles and feet; or
F. 
As set forth in N.J.S.A. 45:11-68 of the Massage and Bodywork Therapist Licensing Act; or
G. 
In a public venue in connection with a public event, such as a street fair or festival or in a private corporate event, where the massage is conducted in public and not in a private setting.