[HISTORY: Adopted by the Township Council of the Township
of Franklin 2-11-2003 by Ord. No. 3356; amended in its entirety 3-8-2016 by Ord. No. 4138-16. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 112.
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 access the body
for the 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,
explaining and describing myofascial movement, self-care and stress
management as it relates to massage, bodywork and somatic therapies.
Massage, bodywork and somatic therapy practices are designed to affect
the energetic system of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage, bodywork
and somatic therapies do not include the diagnosis or treatment of
illness, disease, impairment or disability.
Any person licensed pursuant to the provisions of the Massage
and Bodywork and Therapist Licensing Act, N.J.S.A. 45:11-53.
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.
The definition shall not include premises where therapies are applied
solely on an on-call basis, such as home or office visits.
A.
Establishment permit required. No person, firm or corporation shall
operate any establishment in the Township of Franklin as or for a
massage, bodywork or somatic therapy establishment as defined herein
unless or until there has first been obtained a permit for such establishment
from the Township of Franklin in accordance with the terms and provisions
in this chapter.
B.
No person shall practice massage or related therapies as a massage,
bodywork or somatic therapist, employee or otherwise, unless he or
she has a valid and subsisting massage, bodywork and somatic therapist's
license issued to him or her by the New Jersey Board of Massage and
Body Work, pursuant to the terms and provisions of N.J.S.A. 45:11-53
et seq.
C.
The provisions of this subsection shall not apply to massage, bodywork
or somatic therapy given:
(1)
In the office of a licensed physician, chiropractor or physical therapist
or other practitioners that are licensed by the New Jersey Board of
Medical Examiners; or
(2)
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists or other practitioners that are licensed by the
New Jersey Board of Medical Examiners; or
(3)
On the premises of a licensed barber or cosmetologist/hair stylist
limited to the areas of the face, neck scalp or upper part of the
body, manicurists and pedicurists, as set forth in the Cosmetology
and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.
A.
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Township Clerk's Office upon a form to be furnished by said office, and pay an annual fee of $300 at the time of new application or renewal, for the cost to the Township for the inspections required by § 230-5. Permits to be issued are valid until December 31 of the year application is filed and shall be renewed annually beginning January 1.
B.
Should a reinspection of a massage establishment become necessary
as determined by the Health Department official because of violations
observed during the initial inspection, a reinspection fee of $150
shall be charged to the establishment for each subsequent reinspection
until all violations have been corrected. The fee must be paid by
the establishment to the Township of Franklin within 10 calendar days
of the date the charge was issued.
C.
All fees shall be paid to the Township Clerk's office prior to being
considered for approval. All fees are nonrefundable and/or nontransferrable.
All permits under this chapter are subject to a late fee of $25 if
the permit is not renewed by the expiration of the current permit.
A.
Any person desiring a massage, bodywork or somatic therapy establishment permit shall file a written application with the Township Clerk's office on a form to be furnished by the Township Clerk's office. The completed application shall be returned to the Township Clerk's office for processing with the established inspection fee as required in § 230-3.
B.
In addition to the completed application, the applicant, who shall
be a principal of the business, may be required to submit additional
documentation, including but not limited to a sketch, floor plan,
and/or building layout as applicable to the application. The application
form shall contain the following information:
(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)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(4)
A complete list of the names and addresses of all massage, bodywork
and somatic therapists, along with proof of certification by the State
of New Jersey pursuant to the provisions of N.J.S.A. 45:11-53 et seq.,
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. It shall be the responsibility of the owner/operator
to maintain an updated employee list and provide same to the Township
Clerk's Office. The Township Clerk shall be notified in writing within
seven days, transmitted by mail, email or facsimile, of any changes
to the list. Said list shall also be made available during all inspections.
(5)
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:
(a)
The name, complete residence address, residence telephone number,
mobile telephone number and email address.
(b)
The two previous residential addresses immediately prior to
the present residential address of the applicant.
(c)
Copy of current driver's license or other government-issued
photo ID.
(d)
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 (passport size).
(e)
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 municipality or state under a license
or permit which was ultimately denied, revoked or suspended and the
reason therefor and the business activities or occupations subsequent
to such action or denial, suspension or revocation.
(f)
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.
(g)
The submitted application must be accompanied by a copy of the
signed lease for the property location where the proposed massage
establishment will be in operation. The applicant must be listed as
the lessee on the lease.
(h)
The names and addresses of three adult residents of Somerset
County, or the abutting counties of Hunterdon, Mercer, Middlesex or
Union, who will serve as character references. These references must
be persons other than relatives and business associates.
(6)
A copy of a zoning permit or change of tenant occupancy issued by
the Zoning Officer of the Township of Franklin specifically for this
establishment, or a certificate of compliance with the conditions
set forth by the Planning Board or Board of Adjustment of Franklin
Township specifically for this establishment, signed by the Board
Secretary. In cases where a construction and/or building subcode permit
is required, the establishment permit under this chapter will not
become final until a certificate of occupancy is issued by the Construction
Official of Franklin Township specifically for this establishment.
A.
All applications for a massage, bodywork or somatic therapy establishment
permit shall be accompanied by an application for a zoning permit
or change of tenant occupancy. The Township Clerk shall refer the
application to the Construction Code Department, the Fire Prevention
Department, the Police Department, the Health Department, and the
Zoning/Planning Department, which departments shall inspect the premises
proposed to be operated as a massage establishment and shall make
written recommendations to the Township Clerk concerning compliance
with the codes that they administer.
B.
No massage, bodywork or somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Township
unless an inspection by the Health Department, Construction Code Department
and Fire Prevention Division reveals that the establishment complies
with the minimum requirements of the Building, Fire and Health Codes
for businesses operating in the Township of Franklin. 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 have surfaces which may be readily disinfected, and
shall be maintained in a sanitary condition and regularly cleaned
and disinfected by a method approved by the Health Department.
(2)
Each massage, bodywork and somatic therapy area/room shall be equipped
with a sink and an adequate area within each room for clients to store
personal items.
(3)
The owner or operator shall submit a disinfection/sterilization plan
for nondisposable instruments and materials used in administering
massages, bodywork and/or somatic therapies to the Health Department
for approval and must operate in compliance with an approved plan.
Such nondisposable instruments and materials shall be disinfected
after use on each patron and stored in a clean and sanitary manner.
(4)
A shower area for clients shall be provided within the facility;
such area shall be maintained in a clean and sanitary condition at
all times.
All permit applications under this chapter are subject to an
administrative review. Upon completion of the administrative review,
a written report shall be filed with the Township Clerk. If all the
requirements of this chapter have been fully satisfied, the Township
Clerk shall then approve said permit. Any permit granted under this
chapter shall only be valid to the person to whom it was granted and
shall not be transferable.
The enforcement agents for massage, bodywork and somatic therapy
permits shall be the Health Officer, Police Chief, Fire Prevention
Director and/or their designees.
The owner of any massage, bodywork or somatic therapy establishment
shall display his/her permit and that of each and every massage, bodywork
or somatic therapist employed in the establishment in an open and
conspicuous place on the premises of the establishment. In addition,
all therapists on site must have in their possession a government-issued
photo I.D.
A.
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.
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, bodywork or 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 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, 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.
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.
It shall be unlawful for any person in a massage establishment knowingly
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 unless said therapy is prescribed by a licensed
physician.
G.
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 unless said therapy is prescribed
by a licensed physician.
H.
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.
Oils, creams, lotion and other preparations used in administering
massage, bodywork or somatic therapies shall be kept in clean, closed
containers or cabinets.
J.
Animals, except for handicap service animals, or when they are clients,
shall not be permitted in the massage work area.
K.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using proper soap or disinfectant, before
administering a massage, bodywork or somatic therapy to each patron.
All restroom and workstation hand wash sinks are to be stocked with
liquid hand soap and paper towels. Dispensers for soap and paper towels
are to be wall-mounted. Restroom hand wash sinks must have signs conspicuously
displayed with the following language: "Employees must wash hands
after using the restroom." If hand-washing facilities are not available,
the therapist shall disinfect their hands with bactericidal agent.
L.
No minors shall be allowed in the facility other than the waiting
area which shall be physically separate from the therapy areas, except
when the minors are clients and accompanied in all areas by a parent
or guardian.
M.
No massage establishment shall knowingly serve any patron infected
with any fungus or other skin infections, nor shall service be performed
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with a massage, bodywork or somatic therapy, prescribing
the conditions thereof.
N.
A written disinfection plan for all linens, towels and reusable instruments
used by the establishment must be approved by the Health Department,
kept on site and available for review by the inspecting official at
all times. The establishment must operate in conformance with the
approved plan at all times.
O.
Client records must be kept for each and every client who receives
services from the massage establishment. These records shall include
at a minimum an intake form filled out by each customer to include
their name, address, phone number, date of birth, date of service,
the specific service they've received, the licensed therapist's full
name, their New Jersey State massage and bodywork therapist license
number and the signature of the client. These records must be stored
on the premises and available by the Health Department at all times
for a period of not less than three years of the date the service
was performed.
P.
Signage specifying the age restriction and the required record-keeping
requirements must be posted in English, conspicuously displayed and
clearly readable from the customer entrance of the establishment at
all times.
Q.
Employees shall at all times provide access to a sanitary restroom
for clients of the massage establishment.
R.
The massage establishment shall conform to and observe all applicable
rules, regulations and prohibitions set forth by the New Jersey Board
of Cosmetology.
The Health Department and/or the Zoning Inspector and/or Fire
Inspector and Township Police Department 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 club or residence if the same has been approved by the Zoning Department
or granted a variance by the Franklin Township Zoning Board of Adjustment.
A.
No owner or manager of a massage, bodywork or somatic therapy 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 exclusive of, 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 any activity or behavior which violates this chapter.
B.
Any conviction of a bodywork or somatic therapy establishment, or
any employee thereof, of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of the establishment,
it being specifically declared that, following such a conviction,
the owner or the manager of the establishment shall be prosecuted
as an accessory to such a violation, and the required permits will
be automatically revoked.
C.
The owner or operator of the massage establishment shall not permit:
(1)
Ear candling.
(2)
All procedures and services that involve ear picks, ear scoops or
ear spoons.
(3)
Cupping or applying the open end of a glass vessel or vessel of another
material onto the client's skin and utilizing an open flame to heat
the vessel.
(4)
Any activities or therapies that utilize any form of terrestrial
or aquatic animals during therapy, including but not limited to fish
foot spas.
(5)
Any activities or therapies that utilize animal waste or products
that contain animal waste as an ingredient.
(6)
Colon cleansing.
D.
Pest control chemicals or sprays are prohibited. Pest control services
must be performed by NJDEP-licensed pest control contractors.
E.
Laundering is restricted to only those linens and towels used within
the operation. The laundering of personal clothing and/or items is
prohibited. Personal clothing or other personal items may not be commingled
with the linens or towels used in the operation nor shall personal
clothing not specific to the operation be stored on the premises.
F.
No bulk food storage or meal preparation is permitted on premises.
G.
Personal effects of establishment owner(s) or employee(s) are not
permitted on premises.
H.
No one under 18 years of age shall be served unless accompanied by
a parent or legal guardian.
I.
Alcoholic beverages shall not be stored nor consumed on the premises.
A.
Establishment permits issued under this chapter may be denied, suspended
or revoked by the Chief of Police, after notice and a public hearing.
Reasons for denial, suspension and revocation of an establishment
permit include but are not limited to:
(1)
Fraud, misrepresentation or false statement in the application for
the establishment permit;
(2)
Fraud, misrepresentation or false statement made while operating
the licensed business in the Township;
(3)
Any violation of this chapter;
(4)
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution,
and any crime involving dishonesty;
(5)
Conducting the permitted business within the Township in an unlawful
manner or in such a manner as to constitute a danger to the health,
safety or general welfare of the public.
(6)
The owner and/or operator or any employee refuses to permit any duly
authorized Township police officer or Health Official to inspect the
premises or the operations therein.
(7)
The conviction of any employee of the establishment for a violation of the prohibited acts set forth in § 230-12 shall create a rebuttable presumption that the owner/operator had actual or constructive knowledge of the violation resulting in the conviction and shall constitute cause for the suspension or revocation of the establishment permit.
B.
Notice of the hearing for the denial, suspension or revocation of
a permit shall be given in writing, setting forth specifically the
grounds therefor and the date, time and place of the hearing. Such
notice shall be given personally or mailed to the permittee at the
address provided on the application or permit at least five days prior
to the date set for the hearing. The Township Manager shall serve
as hearing officer for any hearing pursuant to this subsection.
