[HISTORY: Adopted by the Township Council
of the Township of Burlington 8-23-2005 by Ord. No. 05-OR-021 (Sec. 12:15 of the
1975 General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms
are defined as follows:
The practice of a profession scientifically applied to the
patient by the operator's hands.
Any massage establishment or place of business wherein massage
as to all or any one or more of the above-named subjects and methods
of treatments, as defined in this section, shall be administered or
used.
Any person who practices or administers as to all or any
of the following named subject matters and who has made a study of
the underlying principles of anatomy and physiology as generally included
in a regular course of study by a recognized and approved school of
massage; to wit, the art of body massage either by hand, or with a
mechanical or vibratory apparatus for the purpose of body massaging,
reducing or contouring; the use of oil rubs, heat lamps, salt glows,
hot and cold packs, tub, shower or cabinet baths. Variations of the
following procedures are employed: touching, stroking, friction, kneading,
vibration, percussion and medical gymnastics. Massage therapists shall
not diagnose or treat classified diseases nor practice spinal and
other joint manipulations nor prescribe medicines or drugs.
A.
Massage therapist license. It is unlawful for any
person or persons to engage in the practice or attempt to practice
massage, whether for fee or gratuitously, to conduct massage without
a license issued by the Clerk of Burlington Township pursuant to the
provisions of this section.
B.
Massage establishment. It is unlawful for any person
or persons to operate or conduct any massage establishment which does
not conform to the sanitary provisions herein contained or to employ
any person as a massage operator who does not hold a license.
All applicants must meet the requirements of
certification pursuant to the provisions of N.J.S.A. 45:11-53 et seq.,
as a massage, bodywork and somatic therapist.
A.
Any person desiring to obtain a license to operate
a massage establishment or to perform massage services shall make
application to the Township Clerk, who shall refer all such applications
to the Director of Public Safety or other designated officer for an
appropriate investigation.
B.
Each application shall be accompanied by an annual
license fee of $100.
C.
Any employee desiring to be licensed as a massage
therapist pursuant to conditions of this chapter shall pay an annual
fee of $100 and otherwise comply with the application requirements
of this section where applicable.
A.
Granting a license. Upon payment of the application
fee, submitting of all information required by the application, and
upon proper inspection, a license shall be granted immediately, if
all requirements described in this chapter are met, unless it appears
that any such applicant has deliberately falsified the application
or the record of such applicant shall reveal a conviction of a felony
or a crime of moral turpitude.
B.
Appeal or denial of license. Any person denied a license
pursuant to these provisions may appeal to the Township Council, in
writing, stating reasons the license should be granted. The Council
may grant or deny the license. The Council may also review any determination
of the Director of Public Safety or other designated officer, granting
or denying a license on its own motion.
C.
Licenses are nontransferable. All licenses issued
hereunder are nontransferable; provided that a change of location
of a massage establishment may be permitted pursuant to the provisions
hereof.
D.
Term of license. All licenses issued pursuant to this
section shall be for a term commencing on January 1 of each year and
terminating on December 31 of each year. Any application fee for a
license made after January 1 of any year will not be prorated.
Every person to whom a license is granted shall
display such license in a conspicuous place at his/her place of business.
Hours of operation for a licensed massage establishment
is permitted from 9:00 a.m. to 10:00 p.m. daily.
No license to conduct a massage establishment
shall be issued unless an inspection discloses that the establishment
complies with each of the following minimum requirements:
A.
Sign. A readable sign shall be posted at the main
entrance identifying the establishment as a massage establishment,
provided, also, that all such signs shall otherwise comply with the
general sign requirements of the Township.
B.
Lighting. Minimum lighting shall be provided in accordance
with the applicable ordinances of the Township and, additionally,
at least one artificial light of not less than 40 watts shall be provided
in each enclosed room or booth where massage services are being rendered.
A change of location of the massage premises
shall be approved by the Director of Public Safety or other designated
officer, provided all applicable ordinances are complied with and
the change of location fee of $100 is paid first.
It shall be the responsibility of the holder
of the license for a massage establishment to ensure that each person
employed as a massage therapist shall first have obtained a valid
license pursuant to this chapter.
At least twice each year an inspection of each
massage establishment may be made by the Direction of Public Safety
or other designated officer for the purpose of determining that the
provisions of this chapter are met.
A.
Hearing notice. No license shall be revoked until
after due notice and a hearing shall have been held before the Township
Council to determine just cause for such revocation. Notice of such
hearing shall be given in writing and served at least 10 days prior
to the date of the hearing thereon. The notice shall state the grounds
of the complaint against the holder of such license and shall designate
the time and place where such hearing shall be held.
B.
Service of notice. The notice shall be served upon
the license holder by delivering the same personally or by leaving
such notice at the place of business or residence of the license holder
in the custody of a person of suitable age and discretion. In the
event the license holder cannot be found and the service of such notice
cannot be otherwise made in the manner herein provided, a copy of
such notice shall be mailed, certified postage fully prepaid, addressed
to the license holder at his/her place of business or residency at
least 10 days prior to the date of such hearing.
The license of a massage therapist may be revoked
by Township Council with recommendation from the Township Clerk and
Director of Public Safety for one or more of the following grounds:
A.
That the licensee is guilty of fraud in the practice
of massage, or fraud or deceit in his/her being licensed to the practice
of massage;
B.
That the licensee has been convicted in a court of
competent jurisdiction of a felony. The conviction of a felony shall
be the conviction of any offense which, if committed within this state,
would constitute a felony under the laws thereof;
C.
That the licensee is engaged in the practice of massage
under a false or assumed name or is impersonating another practitioner
of a like or different name;
D.
That the licensee is addicted to the habitual use
of intoxicating liquors, narcotics or stimulants to such an extent
as to incapacitate such person for the performance of his/her professional
duties;
E.
That the licensee is guilty of fraudulent, false,
misleading or deceptive advertising, or that he/she prescribes medicines
or drugs or practices any other licensed profession without legal
authority thereof;
F.
That the licensee is guilty of willful negligence
in the practice of massage or has been guilty of employing, allowing
or permitting any unregistered person to perform massage in his/her
establishment; or
G.
That the licensee has violated any of the provisions
of this chapter.
The requirements of this chapter shall have
no application and no effect upon and shall not be construed as applying
to physicians, surgeons, chiropractors, osteopaths or any nurse, nurse
practitioner or physician's assistant working under the supervision
of a physician, surgeon, chiropractor or osteopath duly licensed to
practice such professions in this state. Practical nurses or other
persons without qualifications as massage therapists, whether employed
by physicians, surgeons, chiropractors or osteopaths or not, may not
render massage or massage procedures.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be guilty of a disorderly
persons offense, punishable by a fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof.
