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Township of Mount Olive, NJ
Monday, September 1, 2014

Chapter 292. MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS

[HISTORY: Adopted by the Board of Health of the Township of Mount Olive 7-25-2012 by Ord. No. BOH 1-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Tattoo and body piercing establishments — See Ch. 319.
[1]:
Editor’s Note: This chapter was originally adopted as Ch. 320 but was renumbered in order to maintain the alphabetical organization of the Code.

§ 292-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Means and refers to systems or activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of another person's body by manual technique and/or 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 or dry, hot or cold, external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofascial education and education in self-care and stress management.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person who administers massage, bodywork and/or somatic therapies for any form of consideration.
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Any establishment wherein massage, bodywork and/or somatic therapies are administered or are certified to be administered, when such therapies are administered for any form of consideration.

§ 292-2. Health certificate required.

A. 
Massage, bodywork and somatic therapy establishment health certificate required. No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Mount Olive as a massage, bodywork and/or somatic therapy establishment unless or until there has first been obtained a health certificate for such establishment from the Township of Mount Olive Board of Health in accordance with the terms and provisions of this chapter.
B. 
Massage, bodywork and somatic therapist's health certificate required. No person shall practice massage or related therapies as a massage, bodywork or somatic therapist employee or otherwise in Mount Olive Township unless he or she has a valid and subsisting massage, bodywork and somatic therapist's application approved to him or her by the Township of Mount Olive Board of Health pursuant to the terms and provisions of this chapter.
C. 
Health certificates and building inspections must be completed and/or renewed prior to January 1 of every calendar year.

§ 292-3. Fees.

A. 
Establishment certificate. Every applicant for a certificate to maintain, operate or conduct a massage, bodywork or somatic therapy establishment shall file an application with the Mount Olive Health Department upon forms provided by said department and pay an annual fee as set forth in § 282-1, which fee shall be submitted for the initial calendar year with the application and which shall thereafter become due on the first day of January each year thereafter.
B. 
Therapist certificate. Every applicant for a massage, bodywork or somatic therapist's certificate shall file an application with the Mount Olive Health Department upon a form to be furnished by said department and pay an annual fee as set forth in § 282-1, which fee shall be submitted with the application. Certificates must be renewed annually on the first day of January of each year upon the submission of a renewal application and payment of the annual certification fee.

§ 292-4. Application for massage, bodywork and somatic therapy establishment certificate; requirements.

Any person desiring a massage, bodywork or somatic therapy establishment certificate shall file a written application with the Mount Olive Health Department. The applicant shall provide the application fee as required in § 292-3 and shall, in addition, furnish 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 e-mail addresses, where business is to be conducted, as well as the cellular telephone number of the principal manager or operator of the establishment.
D. 
A complete and accurate 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, which list shall be kept current in the establishment and be presented to municipal officials upon request. In addition to each person's legal name, the list shall include any other names by which each person has been known during his or her lifetime to include aliases.
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 issued a certificate pursuant to this chapter.
F. 
The following personal information concerning the applicant shall be provided:
(1) 
The name, complete residence address and residence and cellular telephone number;
(2) 
The two previous residential addresses immediately prior to the present address of the applicant;
(3) 
Written proof of age;
(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) 
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 municipality or state or operated under a license, permit, or certificate or has had such license, permit, or certificate denied, revoked or suspended and the reason therefor and the business activities or occupations subsequent to such action of 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 fingerprinting and criminal background check by the Mount Olive Township Police Department. Failure to execute such a waiver and consent shall result in denial of a certificate. A massage, bodywork or somatic therapy establishment certificate may be denied to any person who has been convicted of a crime.
(a) 
The above-referenced information shall be supplied for each stockholder owning more than 10% of the stock of a corporation and each officer and director of the corporation, if the applicant is a corporation, and for each partner, including limited partners, if the applicant is a partnership, or for any person who shall derive income from the business's operations, whether listed as a partner or not.
G. 
The names and addresses of three adult residents of Morris County who will serve as character references. These references must be persons other than relatives or business associates.

§ 292-5. Building requirements; inspections.

A. 
The Mount Olive Health Department, upon receiving an application for a massage, bodywork and somatic therapy establishment certificate, shall refer the application to the Mount Olive Building Department, the fire official, the Police Department and the Planning Department, and they shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Mount Olive Board of Health concerning compliance with the codes that they administer.
B. 
No massage, bodywork, and somatic therapy establishment shall be allowed to operate, be established or maintained or issued a certificate in Mount Olive Township unless an inspection by the Mount Olive Township Health Officer, Building Inspector, Fire Official and Zoning Officer or their designees reveals that the establishment complies with the minimum requirements of the building, zoning and health codes for businesses operating in the Township of Mount Olive. 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.
(2) 
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.
(3) 
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
(4) 
Adequate hand-washing facilities with a full liquid soap dispenser shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.

§ 292-6. Application for massage bodywork and somatic therapist's certificate; requirements.

A. 
To be eligible for a certificate as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of certification from the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P. L. 1999 c. 19.[1] In the event that such certification has not been made available by the State of New Jersey, then satisfactory evidence of the following must be submitted:
(1) 
Successful completion of a minimum of 500 hours, in-class study in the field of massage, bodywork or somatic therapy; or
(2) 
Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork.
[1]:
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B. 
For up to one year (365 days) after the date procedures are established by this chapter for applying for a certificate to conduct massage, bodywork or somatic therapy in the Township of Mount Olive, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this chapter and who has successfully completed a minimum of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a certificate to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this chapter, any person wishing to be certified as a massage, bodywork or somatic therapist in the Township of Mount Olive must fulfill the requirements in Subsection A above.
C. 
The following information concerning the application will also be required:
(1) 
The name, complete residence address and residence telephone number of the applicant;
(2) 
Previous addresses within the last five years 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 a person has previously operated in this or another municipality or state or under a license, permit, or certificate that has been 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 fingerprinting and criminal background check by the Mount Olive Township Police Department. Failure to execute such a waiver and consent shall result in denial of a certificate. A massage, bodywork or somatic therapist's certificate may be denied to any person who has been convicted of a crime; and
(8) 
The names and addresses of three adults residing in Moths County who will serve as character references. These references must be persons other than relatives and business associates.

§ 292-7. Investigating and fingerprinting of applicant.

A. 
With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999 c. 19,[1] all applicants seeking a certificate under this chapter shall obtain a criminal history record check via electronic live scan at one of the approved sites. The applicant shall undergo fingerprinting by the method and/or vendor utilized by the New Jersey State Police at the time of the application. The applicant shall be responsible for all related fees associated with the fingerprinting process.
[1]:
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B. 
When the application is properly filled out, signed by the applicant and has been filed with the Mount Olive Department of Health with all accompanying information, the application shall be referred to the Mount Olive Township Police Department. The Chief of Police or his or her designee shall investigate the information available as to the moral character of the applicant, and shall recommend approval or disapproval of the application within 90 days. Reasons for a recommendation of disapproval shall be set forth in writing on the reverse side of the application. In evaluating a criminal record of an applicant, the Chief of Police must consider whether the crime relates adversely to the occupation of a massage therapist establishment pursuant to the criteria set forth in N.J.S.A. 2A:168A-2 et seq. The application shall be returned to the Mount Olive Health Department for recommendation to the Mount Olive Township Clerk who will either issue the certificate or notify the applicant of a denial.

§ 292-8. Display of certificate.

The massage, bodywork or somatic therapy establishment shall display its certificate and the certificate or certificates 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.

§ 292-9. Operating requirements.

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;
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 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 and shall 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 buttocks, genital area and female breasts of patrons must be covered by towels, cloths or undergarment 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, 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 the buttocks, genital area or female breasts of any other person, unless such massage has been ordered by a prescription signed by a licensed medical doctor, chiropractor or doctor of osteopathic medicine. 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 buttocks, genital area or female breasts;
G. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces 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, clean and sanitary;
H. 
Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean closed containers or cabinets;
I. 
Animals, except for seeing eye dogs, shall not be permitted in the massage work area; and
J. 
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 a patron.

§ 292-10. Minor patrons.

Any patron under the age of 18 years of age must be accompanied by a parent or guardian or adult with written permission of the parent or guardian.

§ 292-11. Alcoholic beverages or controlled dangerous substances prohibited.

A. 
Alcoholic beverages shall not be distributed or consumed on the premises of any massage, bodywork and somatic therapy establishment certified under this chapter.
B. 
Controlled dangerous substances, as defined by the laws of the State of New Jersey, shall not be distributed or consumed on the premises of any massage, bodywork and somatic therapy establishment certified pursuant to this chapter.

§ 292-12. Inspections.

The Mount Olive Health Department, Police Department and/or the Building Department shall, from time to time, make inspections of each massage, bodywork and somatic therapy establishment granted a certificate under the provisions of this chapter for the purpose of determining whether the provisions of this chapter are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner at least twice a year. It shall be unlawful for any person to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

§ 292-13. Suspension and/or revocation of certificate.

A. 
Certificates issued under this chapter may be revoked by the Mount Olive Township Clerk after notice and a hearing conducted by the Mount Olive Board of Health for any of the following causes:
(1) 
Fraud, misrepresentation or false statement in the application for the certificate;
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in Mount Olive 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; and
(5) 
Conducting the permitted business in Mount Olive Township in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for the revocation of a certificate shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the holder of such certificate at his/her last known address at least five days prior to the date set for the hearing.
C. 
Such certificate may, pending revocation proceedings, be suspended for not more than 10 days by the Mount Olive Health Officer if, in his/her opinion, the conduct of the establishment inclusive of its employees' certificate holder is detrimental to the health, safety and general welfare of the Township of Mount Olive.
D. 
The Mount Olive Board of Health shall conduct the hearing pursuant to this chapter.

§ 292-14. Sleeping quarters.

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 shall 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 establishments in separately demised quarters of a building housing a hotel or other separate businesses or clubs.

§ 292-15. Exceptions.

The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:
A. 
In the office of a licensed physician, chiropractor or physical therapist; or
B. 
By a regularly established medical center, hospital or sanatorium 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.

§ 292-16. Violations and penalties.

In addition to the revocation or suspension of the certificate granted under this chapter, any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not less than $100 nor more than $2,000 or by imprisonment in the county jail for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the court. Each day a particular violation occurs shall constitute a separate offense.

§ 292-17. Compliance.

Massage, bodywork and somatic therapy establishments and therapists operating in Mount Olive Township as of the date of the adoption of this chapter must apply for a certificate within 60 days of the effective date of this chapter and must obtain a certificate within 150 days of the effective date of this chapter.

§ 292-18. Assignment of certificate prohibited.

A. 
No health certificate issued pursuant to this chapter may be assigned, transferred, sold or posted as collateral.
B. 
Any transfer of ownership with or without consideration in a business shall render the certificate and any approvals from other municipal departments immediately void. In the event of sale or transfer, the new owner shall file a new application, pay the appropriate fees and obtain a health certificate from the Mount Olive Board of Health prior to commencing operation as a massage, bodywork or somatic therapy establishment.