Township of North Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of North Brunswick 5-17-2004 by Ord. No. 04-9. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 212.

§ 221-1 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
MASSAGE, BODYWORK AND SOMATIC 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 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 neural myofascial 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.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person, male or female, who administers massage, bodywork anchor somatic therapies for any form of consideration who is certified by the State of New Jersey.
MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT
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.

§ 221-2 Permits required.

A. 
Business permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Township of North Brunswick in Middlesex County as or for a massage, bodywork or somatic therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Clerk of the Township of North Brunswick in accordance with the terms and provisions in this chapter.
B. 
Massage, bodywork and somatic therapist permit required. No person shall practice massage or related therapies as a massage, bodywork and somatic therapist, employee or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic therapist's permit issued to him or her by the Township of North Brunswick pursuant to the provisions of this chapter.
C. 
Exceptions. The provisions of this subsection shall not apply, however, to any massage or related therapies as described herein which are given by therapists in the office of a licensed physician, chiropractor or physical therapist, or in a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists.
D. 
Recognition of permits issued by other municipalities. The Township of North Brunswick may, in its discretion, recognize permits issued by other municipalities of the State of New Jersey, provided that the ordinances of the said municipality which issued such permit establish the same or more restrictive provisions as this chapter and that the municipality reciprocates by recognizing permits issued by the Township of North Brunswick.

§ 221-3 Application fee for message, bodywork or somatic therapy establishment.

Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic therapy establishment or out-call massage, bodywork or somatic therapy service shall file an application with the Township Clerk upon forms provided by said Clerk and pay an annual fee of $500.

§ 221-4 Application for massage, bodywork or somatic therapy establishment permit.

Any person desiring a massage, bodywork or somatic therapy business permit shall file a written application with the Township Clerk on a form to be furnished by the Township Clerk. 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 residence addresses of all massage, bodywork and somatic 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. 
A copy of each massage, bodywork and/or somatic therapists' valid state certificate or license issued pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq.
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) 
Written proof of age;
(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 person has previously operated in this or another township, city, borough 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; and
(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.
G. 
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.
H. 
A copy of a zoning permit of change of tenant occupancy issued by the Zoning Officer of the Township of North Brunswick specifically for such establishment, or a certificate of compliance with the conditions set forth by the Planning Board or Zoning Board of Adjustment of the Township of North Brunswick specifically for such establishment, signed by the applicable Board Secretary. In cases where a construction and/or building subcode permit is required, the establishment permit under this ordinance will not become final until a certificate of occupancy is issued by the Construction Official of the Township of North Brunswick specifically for such establishment.

§ 221-5 Building requirements; inspections.

A. 
The Township Clerk, upon receiving an application for a massage, bodywork or somatic therapy establishment permit, shall refer the application to the Department of Community Affairs, the Construction Official, the Fire Department, the Police Department, the Health Department and the 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 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 North Brunswick.

§ 221-6 Application for massage, bodywork and somatic therapist's permit; requirements.

A. 
To be eligible for a permit as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of a valid certificate of license issued pursuant to the Massage, Bodywork and Somatic Therapist Act, N.J.S.A. 45:11-53 et seq.
B. 
The following information concerning the applicant will also be required:
(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) 
Written proof of age;
(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 person has previously operated in this or another township, city, borough 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 fingerprint and criminal background check by the Police Department;
(8) 
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.

§ 221-7 Massage, bodywork and somatic therapist permit fee.

A. 
The applicant for a massage, bodywork and somatic therapist's license shall pay an annual permit fee of $100, which permit fee shall become due on the first day of January each year.
B. 
An applicant who is the sole owner of an establishment who obtains a permit under this chapter shall be exempted from payment of the therapist fee established under this chapter. The intent of this subsection is that a sole proprietor who obtains an establishment and a therapist permit shall pay only the establishment fee. This exemption shall be for one therapist fee only. If there are more than one owner/therapist with any given establishment, all other therapists shall pay the therapist permit fee.

§ 221-8 Display of permits.

The massage, bodywork or somatic therapy establishment shall display its permit and that 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.

§ 221-9 Operating requirements.

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, and each dressing room shall contain a tub or shower in good working order. Doors to such dressing rooms shall open inward and be self-closing.
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 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, 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.
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, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean, closed containers or cabinets.
J. 
Animals, except for Seeing Eye dogs, 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 a proper soap or disinfectant, before administering a massage, bodywork or somatic therapy to each patron.

§ 221-10 Inspections.

The Township Clerk and/or the Department of Health and/or the Department of Community Affairs or their designees shall, from time to time, at least twice a year, either on an announced or noticed basis or on an unannounced or unnoticed basis, 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.

§ 221-11 Sleeping quarters.

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 clubs.

§ 221-12 Prohibited acts.

A. 
No owner or manager of a massage, bodywork or somatic therapy establishment shall tolerate in his 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, relating to the commission of adultery, and 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 any employee of a massage, bodywork or somatic therapy establishment of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such club; it being specifically declared that, following such a conviction of an employee, the owner or manager of the club shall be prosecuted as an accessory to such a violation and the required permits will be automatically revoked.

§ 221-13 Denial, suspension or revocation of permit.

A. 
Any permit authorized by this chapter may be denied, suspended or revoked by the Director of Public Safety after notice and a hearing 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 within the Township;
(3) 
Any violation of this chapter;
(4) 
Conviction of a crime involving moral turpitude, an offense involving sexual misconduct, keeping or residing in a house of prostitution, and any crime involving dishonesty;
(5) 
Conducting the permitted business in 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;
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 Business Administrator shall serve as hearing officer for any hearing pursuant to this subsection.

§ 221-14 Violations and penalties.

Any person violating the provisions of this chapter shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,250 or both, in the discretion of the court.