[HISTORY: Adopted by the Township Committee of the Township
of Lumberton 7-25-2019 by Ord. No. 2019-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 89.
[1]
Editor's Note: This ordinance also repealed former Ch. 88,
Massage, Bodywork and Somatic Therapy Establishments, adopted 12-1-2009
by Ord. No. 2009-9-011.
As used in this chapter, the following words shall have the
following meanings:
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 and bodywork principles. Such application may
include, but is not limited to, the use of therapies such as heliotherapy
or hydrotherapy, the use of moist hot and cold external applications,
explaining and describing myofascial movement, self-care and stress
management as it relates to massage and bodywork therapies. Massage
and bodywork therapy practices are designed to affect the soft tissue
of the body for the purpose of promoting and maintaining the health
and well-being of the client. Massage and bodywork therapies do not
include the diagnosis of illness, disease, impairment or disability.
Any person who administers massage and bodywork therapies
for consideration; or anyone licensed by the New Jersey Board of Massage
and Bodywork Therapy pursuant to N.J.S.A. 45:11-53 et seq. and N.J.S.A.
45:11-68 et seq.
No person, firm, or corporation shall operate any establishment
or utilize any premises to offer massage and bodywork therapies unless
and until the establishment has received a massage and bodywork business
permit from the Township Clerk of the Township of Lumberton.
A.
Each applicant for a massage and bodywork business permit shall file an application with the Lumberton Township Municipal Clerk upon a form provided by said Lumberton Township Municipal Clerk. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 2, of the Code of the Township of Lumberton. The permit to be issued shall be valid for a period of three years. Renewal applications shall follow identical procedures as the initial permit and must be submitted prior to the expiration of the initial permit on the third anniversary of its issuance.
[Amended 12-5-2019 by Ord. No. 2019-17]
B.
Each applicant for a permit shall have attached a copy of a valid
state-issued license from the New Jersey Board of Massage and Bodywork
Therapy for each therapist employed in the establishment. Updated
copies shall be required upon each renewal of the permit.
C.
The application shall require the applicant to furnish the following:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation, or otherwise.
(2)
The name, style, and designation under which the business is to be
conducted.
(3)
Business address, including all telephone and facsimile numbers of
where the business is to be conducted.
(4)
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.
Each application for a massage establishment permit, or the
renewal thereof, which shall be submitted to the Township Clerk must
be approved by the Township Committee before any permit is issued.
The Township Committee shall not approve said application unless a
copy of the establishment's state-issued license and a copy of
the state-issued license for each of the establishment's therapists
are attached to the permit application.
A.
The Municipal Clerk, upon receiving an application for a massage
and bodywork therapy establishment permit, shall refer the application
to the Building Inspector, the Fire Department, the Police Department,
and the Zoning Department, which departments shall inspect the premises
proposed to be operated as a massage establishment and shall make
written recommendations to the Municipal Clerk and Lumberton Township
Committee concerning compliance with the codes under their jurisdiction.
B.
No massage and bodywork establishment shall be issued a permit or
be operated, established or maintained in the Township unless an inspection
by the Zoning 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 Township
of Lumberton.
C.
The floor plans for the proposed facility must be submitted to the
Municipal Clerk as part of the application so they can be reviewed
and approved by the Zoning Department and so that the Building Inspector
can advise the applicant of potential problems. This requirement shall
be performed any time the premises changes the floor plan.
A.
All massage establishments and massage therapists shall comply with
applicable state laws and regulations, including, but not limited
to, N.J.S.A. 45:11-53 et seq., N.J.S.A. 45:11-68 et seq., and N.J.A.C.
13:37A-1.1 et seq.
B.
The massage and bodywork establishment shall display its state-issued
license as well as the state-issued license of each and every massage
therapist employed by the establishment in an open and conspicuous
place of the premises of the establishment, in accordance with N.J.A.C.
13:37A-3.4.
C.
No owner, operator, or manager of a massage and bodywork establishment
shall tolerate 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;
nor shall any owner, operator, or manager tolerate in his or her establishment
any activity or behavior which violates this chapter.
D.
No part of any quarters of a massage and bodywork therapy establishment
shall be used for or connected with a bedroom or sleeping quarters;
nor may any person sleep in such massage and bodywork establishment.
This provision shall not preclude the location of a massage therapy
establishment in separate quarters of a building wherein a hotel or
other separate business is located.
E.
Every portion of the massage and bodywork establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
F.
Hours of operation shall not commence prior to 9:00 a.m. and shall
not extend beyond 10:00 p.m.
The Zoning Department, 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 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. Township
officials will schedule such appointments. 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. Township officials
reserve the right to seek an administrative warrant to inspect the
location where access has been denied.
