As used in this chapter, the following terms shall have the
meanings indicated:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Any 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 neuromyofacial 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.
The administering of massage, bodywork and/or somatic therapies
for any form of consideration by any person not licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999, c. 19 amended 2007, c. 337, shall be prohibited throughout the Township of West Windsor.
Establishment. No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of West
Windsor as or for a massage, bodywork and somatic therapy establishment
unless or until such person, firm or corporation has obtained a license
for such establishment or premises from the Municipal Clerk in accordance
with the terms and provisions of this chapter.
Establishment. Any person desiring a massage, bodywork and somatic
therapy establishment license shall file a written application with
the Municipal Clerk upon a form provided by the Clerk. The application
form shall contain the following information:
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
and email, where business is to be conducted.
D. A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business.
E. A sworn statement indicating that all massage, bodywork and somatic
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999 c. 19, amended 2007, c. 337.
F. The following personal information concerning the applicant (s),
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 shall be provided:
(1) The name, complete residence address and residence telephone number.
(2) The two previous addresses immediately prior to the present address
of the applicant.
(4) Height, weight, sex, 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) Any 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 municipality 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) 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 criminal background check
by the Township Police Division. Failure to execute such a waiver
and consent shall result in a denial of a license.
(8) The names and addresses of three adult residents who will serve as
character references. These references must be persons other than
relatives and business associates.
(9) The fingerprints of the applicant(s).
(11)
Two legal forms of ID, one of which must be a photo ID.
(12)
Copy of certification of each therapist.
G. At the time the application is filed, a fee as established in Chapter
82, Fees, shall be paid to the Township Clerk to cover the cost of processing the application and investigating the facts stated therein.
A temporary license may be issued by the Township Clerk in thirty-day
increments to cover the period between the expiration of the current
license and the renewal license being issued.
[Amended 11-27-2023 by Ord. No. 2023-17]
A. The Municipal Clerk, upon receiving an initial application for a
massage, bodywork and somatic therapy establishment license, shall
refer the application to the various municipal departments (i.e.,
Division of Code Enforcement, Zoning, Health, Fire and Emergency Services)
for review.
B. No massage, bodywork and somatic therapy establishment shall be issued
a license or be operated, established or maintained in the Township
unless the owner of the business can represent compliance with applicable
Health Codes and represent that no Uniform Construction Code and Uniform
Fire Code violations and/or penalties remain outstanding. In addition,
the establishment must comply with each of the following minimum requirements:
(1) All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall be constructed of material with surfaces which are
smooth, nonabsorbent, and which may be readily disinfected.
(2) A public restroom shall be available to clients and employees during
all business hours.
(3) Water closets and lavatories shall be in conformance with the regulations
set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(4) If bathing, dressing and locker facilities are provided for the patrons
and male and female patrons are served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
(5) The premises shall have adequate equipment for disinfecting nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials shall be disinfected after use on each patron.
(6) Adequate handwashing facilities shall be conveniently located to
each treatment area to maintain clean hands and arms of all employees
before, after and during treatments.
(7) Hand sinks shall be provided with hot and cold water capable of delivering
running water under pressure at a temperature of 90° Fahrenheit
to 110° Fahrenheit.
The licenses issued under this chapter may be immediately suspended
by the Chief of Police for the following reasons:
A. Massage, bodywork or somatic therapy is provided by an unlicensed
therapist.
B. Unsanitary or unsafe conditions which may adversely impact the health
and/or safety of the public.
The massage, bodywork and somatic therapy establishment shall
display its license as well as the New Jersey license 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.
Every massage, bodywork, and somatic therapy establishment shall
comply with the following:
A. Every portion of the massage, bodywork, and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition. A broad spectrum antimicrobial disinfectant
shall be used.
B. Price rates for all services shall be prominently posted (brochures
or price list) in the reception area in a location available to all
prospective customers.
C. All employees, including massage, bodywork, and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward, be self-closing and nonlockable.
D. Handwash sink shall be used solely for the washing of hands, arms
and other parts of the body.
E. Hand sinks shall be supplied with liquid soap and disposable hand
towels at all times.
F. Every area of the establishment shall be provided with lighting capable
of providing a minimum of 50 footcandles of artificial light. Lighting
may be dimmed during treatment sessions.
G. Massage tables shall be maintained in good condition and free of
rips or tears.
H. Toilet paper, covered trash, liquid hand soap and disposable paper
towels or alternate means of hand drying shall be provided in restrooms.
I. 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.
J. Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high heat setting in a clothes dryer.
K. Linens used in a licensed establishment may not be laundered in a
private home.
L. Closed containers shall be provided for soiled linens.
M. 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.
N. It shall be unlawful for any person knowingly, in a massage, bodywork,
and somatic therapy 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. No massage,
bodywork and 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.
O. 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.
P. Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
Q. Animals, except for service or guide dogs, shall not be permitted
in the massage work area.
R. 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.
No part of any quarters of any massage, bodywork and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters nor may any person sleep in such massage, bodywork
and 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 massage, bodywork and somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A. In the office of licensed physician, chiropractor or physical therapist;
or
B. By a regularly established medical center, hospital or sanitarium
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 or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
In addition to the revocation or suspension of the license granted under this chapter any person violating any provision of this chapter shall be subject to the penalty stated in Chapter
1, General Provisions, Article
II, Penalty, §
1-3.
Whenever notice is required or permitted to be given by this
chapter, such notice may be effected by personal service upon the
licensee if an individual or any general partner, if a partnership,
or upon any corporate officer, if a corporation, or alternatively,
to any of the foregoing, by certified mail, return receipt requested,
to the last address listed in the Township Clerk's office in conjunction
with the license information. It shall be the duty of each licensee
to keep the Township advised of any subsequent change of address.
Upon failure of a licensee to comply with this requirement, any notice
returned with the notation "unknown," "moved," or "not claimed" shall
be deemed proper service of all notices required by this chapter.