[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 4-23-2019 by Ord.
No. 2498-2019.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
144, Massage Establishments, adopted 9-8-1992 by Ord. No. 1510-92,
as amended.
The Borough acknowledges that licensure, certification or registration
of massage and bodywork therapists is regulated by the massage and
Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53, et seq. (the
"Act"). However, the purpose of this chapter is to establish business
permit requirements to confirm that massage and bodywork therapy establishments
are appropriately registered under the Act and employ only licensed
massage and bodywork therapists licensed under the Act to ensure that
the establishments meet standards that protect and preserve the health,
safety and welfare of the citizens of the Borough and the patrons
of such establishments.
For the purposes of this chapter 144, the following words, terms, and phrases, when used herein, shall have the meanings set forth below, except where the context indicates a different meaning:
The massage and Bodywork Therapist Licensing Act, N.J.S.A.
45:11-53 et seq., as may be amended from time to time.
A permit issued by the Borough permitting the operation of
an establishment within the Borough.
Any person who renders any service in connection with the
operation of an establishment and receives compensation from the operator
of the establishment or its patrons, including but not limited to
a massage and bodywork therapist.
A person certified and/or licensed to practice massage and
bodywork therapies pursuant to the provisions of the Act.
Any establishment, business or operation wherein massage
and bodywork therapies are administered or are permitted to be administered
in accordance with the Act.
Any person who receives a massage or bodywork therapy under
such circumstances that it is reasonably expected that he or she will
pay compensation therefor.
An establishment employer that engages in, advertises or
holds itself out as offering massage and bodywork therapies and is
registered with the state in accordance with the Act.
The genitals, anus or perineum of any person or the breast
or vulva of a female.
A.
Borough permit required. No person, firm, corporation, organization
or other entity shall maintain or operate and establishment or conduct
a massage and bodywork therapy business or utilize any premises in
the Borough as or for providing massage and bodywork therapies governed
by the Act unless or until such person or entity first obtains a Borough
permit from the Municipal Clerk in accordance with the terms and provisions
of this chapter. A Borough permit hereunder shall not issue unless
the applicant therefor is a licensed massage and bodyworks therapist
or employs licensed massage and bodywork therapist(s) and is registered
with the state pursuant to N.J.S.A. 45:11-76.
B.
Borough permits shall be effective for one year commencing January
1 and ending on December 31 of each year, except that applications
for a Borough permit (initial or renewal) that are submitted after
November 1 may not be processed and approved until after January 1,
in which event they shall be effective from date of issuance to December
31.
A.
Application for Borough permit; requirements. Any person, firm, corporation,
organization or other entity applying for a Borough permit under this
chapter shall submit the required application, upon forms to be provided
by the Municipal Clerk, which shall include the following information:
(1)
The name under which applicant will provide massage and bodywork
therapy (e.g., trade name, partnership name, corporate name), and
the address at which the massage and bodywork therapy will be conducted,
as well as telephone numbers(s) for such location.
(2)
Whether applicant is a sole proprietor, partnership, corporation
or other business entity. A copy of applicant's business registration
certificate (BRC) issued by the Division of Revenue in the New Jersey
Department of the Treasury must be provided.
(3)
Contact information, including address, if different from location
at which the massage and bodywork therapy will be conducted in the
Borough, telephone number(s), including mobile phone number(s), facsimile
number(s) and e-mail address(es) for applicant or applicant's
named representative(s).
(4)
A complete list of the name(s) and address(es) of each licensed therapist,
together with a copy of each therapist's certificate and/or license
issued by the State of New Jersey pursuant to the Act and all relevant
regulations. It shall be an ongoing responsibility of the establishment
and each licensed therapist to notify the Borough, in writing, of
any change in name, address or telephone number. Additionally, two
front-faced portrait photographs of the licensed therapist, at least
two inches by two inches in size, taken within 30 days of the date
of the application shall be submitted with the application.
(5)
The name(s) and address(es) of other employees who will work or perform
any services at the establishment, and the name and residence address
of the manager or other person who will be principally in charge of
the day-to-day operations of the establishment, together with emergency
contact information where the manager/principal person in charge can
be reached on a 24/7 basis.
(7)
Proof of liability insurance coverage with a company licensed to
do business in the State of New Jersey in an amount not less than
$500,000 per occurrence and in the aggregate for all claims of personal
injury.
(8)
Required information.
(a)
The following information concerning the applicant, if an individual;
concerning each stockholder holding more than 10% of the stock of
the corporation and concerning each officer and director, if the applicant
is a corporation; concerning each partner, including limited partners,
if the applicant is a partnership; concerning the managing members,
if the applicant is a limited liability company; and concerning the
manager or other person principally in charge of the day-to-day operation
of the establishment:
[1]
The name, residence address and residence and/or mobile telephone
number.
[2]
All addresses at which the identified individuals have resided
within the past five years.
[3]
Proof of age (birth certificate, passport, driver's licensed
or other acceptable proof).
[4]
Height, weight, sex and color of hair and eyes.
[5]
Two front-faced portrait photographs of the individuals taken
within 30 days of the date of the application, and at least two inches
by two inches in size.
[6]
Whether the identified individuals have previously operated
a massage establishment or similar business, along with the location
of such prior operations; whether such individuals have previously
applied for a license or permit for a massage establishment or similar
business in the Borough or other municipality, and if same was denied,
revoked or suspended, the reasons therefor.
[7]
If any of the identified individuals have been convicted of
any crime in any jurisdiction, provide details of the offense for
the arrest and conviction, including but not limited to a police report.
(b)
It shall be an ongoing responsibility of the applicant to notify
the Borough, in writing, of any change in name, address or telephone
number or the occurrence of any subsequent criminal conviction of
the individuals identified.
(9)
All applications shall include a scale drawing of the space proposed
to be used for massage and bodywork therapy, including a floor plan,
building layout and diagram as well as a copy of the zoning permit
and/or certificate of occupancy, as applicable.
(10)
If applicant is not the owner of the real property at which
the establishment will be located, provide a copy of the signed lease
for the property location; applicant must be listed as the lessee
on the lease.
A.
Upon receipt of a complete application for a Borough permit complying with all the requirements in § 144-4 hereof, the Municipal Clerk shall refer the application to the Building Department, the Fire Department, the Health Department, the Zoning Office and the Police Department.
B.
No establishment shall be issued a Borough permit or be maintained, operated or conducted in the Borough unless: (1) approval by each of the Health Officer or his/her designee, the Construction Official or his/her designee, and Fire Prevention Officer or his/her designee (collectively, the "Inspecting Parties") has been granted, indicating that the establishment complies with the minimum requirements of the construction, building and health codes for businesses operating in the Borough, (2) the background checks required by § 144-6 hereof have been completed or waived by the Police Department, and (3) a zoning permit or other approval of the Zoning Officer has been granted.
C.
Upon completion of the inspection of the applicant's premises,
the inspecting parties shall prepare a report detailing all inspection
findings, including violations and required corrective measures to
be taken, if any, prior to the issuance of a Borough permit under
this chapter. A copy of the report shall be provided to the applicant.
An applicant that fails to take all required corrective measures detailed
in an inspection report issued by the inspecting parties, or any of
them, shall be subject to denial of the permit.
D.
Upon receipt of a (i) complete application, (ii) inspection approvals from the inspecting parties, (iii) completion of background checks or a waiver thereof by the Police Department pursuant to § 144-6 hereof, and (iv) issuance of zoning permit or other approval from the Zoning Officer, as applicable, the Municipal Clerk shall issue a Borough permit. The inspecting parties, Police Department and Zoning Officer are granted up to 30 days to review and act on the application following receipt of a complete application.
E.
The establishment must comply, at a minimum, with the regulatory
requirements set forth at N.J.A.C. 13:37A-1 et seq., "New Jersey Massage
and Bodywork Therapy Regulations," as same may be amended and supplemented
from time to time.
F.
The inspecting parties and Police Department shall, from time to
time but at least once a year, inspect each establishment for determining
compliance with the provisions of this chapter and/or other applicable
rules, regulations and laws. Such inspections shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any establishment
to fail to permit such inspections or hinder such inspections in any
manner.
Unless an applicant for a Borough permit can produce proof reasonably
satisfactory to the Police Department that a criminal background check
was conducted at the time of registration with the New Jersey Board
of massage and bodywork therapy pursuant to N.J.S.A. 45:11-76 and
N.J.S.A. 45:11-80, all applicants for a Borough permit shall appear
at the Borough of Fair Lawn Police Department with a current driver's
license or other government-issued photo identification. The applicant
shall be photographed and provided with a fingerprint application
form to obtain fingerprints from a vendor licensed by the State of
New Jersey. The applicant, at the applicant's sole expense, shall
respond to the authorized fingerprint vendor's location for a
fingerprint check.
All Borough permits issued pursuant to this chapter shall be
valid only for the sole proprietor, partnership, limited liability
partnership or company, corporation or other form of business organization
to which the Borough permit has been issued and shall not be transferable
to another entity or to a different location. A new application, including
payment of the applicable fee, must be submitted for any change of
location and any change of ownership interest.
The establishment shall display the state-issued registration
evidencing that the establishment is a registered massage establishment,
if applicable, the state-issued certification/license of each licensed
therapist employed and/or conducting business at the establishment,
the establishment's state-issued registration evidencing that
it is a registered massage establishment or its certification to the
Borough attesting that the establishment does not have any employees
that requires it to be a registered massage establishment under state
law, and the Borough permit issued by the Borough under this chapter,
all to be displayed in an open and conspicuous place within the premises
of the establishment. All licensed therapists on site must have in
their possession a valid driver's license, passport or other
government-issued photo identification. Proof of the establishment's
liability insurance required by this chapter must be conspicuously
posted at the premises.
Every establishment operating in the Borough shall comply with
the following:
A.
Every portion of the establishment, including all appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
B.
Prices/rates for all services shall be prominently displayed in the
reception area in a location available to all prospective customers.
C.
All employees, including licensed therapists, shall maintain personal
cleanliness and wear clean, nontransparent outer garments that prevent
display of sexual or genital areas, which shall remain covered with
nontransparent outer garments at all times.
D.
Dressing areas for employees and customers shall be available on
the premises. Such dressing areas shall be shielded from public view
and provide the individual utilizing same privacy from all other individuals.
If the dressing area is also used as the therapy/massage room, adequate
procedures shall be in place to safeguard the privacy of the individual
using same as a dressing area. In no case shall the dressing areas
be locked when both a client and an employee are in the dressing area.
E.
No part or portion of any establishment shall be used for or connected
with any bedroom or sleeping quarters, nor shall any person sleep
in such establishment, except for limited periods incidental to and
directly related to a massage and bodywork therapy treatment. This
provision shall not preclude the siting of an establishment in separate
quarters of a building housing a hotel, motel or similar separate
business.
F.
All establishments shall provide clean, laundered sheets and towels
in sufficient quantity, which shall be laundered after use by each
customer and stored in a sanitary manner.
G.
All infection control precautions required pursuant to N.J.A.C. 13:37A-3.2
shall be followed, and the establishment must operate in conformance
therewith at all times.
H.
Access to a sanitary restroom shall be provided for patrons.
I.
Any patron under the age of 18 years of age must be accompanied by
a parent or legal guardian or adult with written permission from the
parent or legal guardian.
J.
A landline telephone shall be made available in the establishment.
Emergency telephone numbers for Emergency Medical Services, the Borough
Police Department and Department of Health, along with 911, shall
be posted conspicuously and unobstructed from view adjacent to the
landline telephone.
K.
The sexual or genital areas of patrons must be covered by towels
or undergarments when in the presence a licensed therapist, employee
or another individual.
L.
It shall be unlawful for any person to knowingly place his or her
hand or any part of his or her body upon, or fondle or massage, a
sexual or genital area of any other person, or to fondle, touch or
massage a sexual or genital area of himself/herself. No licensed therapist,
employee, manager, operator or other individual shall offer or be
permitted to offer to perform any act that would require the touching
of another's sexual or genital area.
M.
No licensed therapist, employee, manager, operator or other individual
shall perform, or offer to perform, any act that would require the
touching of a patron's sexual or genital area.
N.
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, steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the establishment 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.
O.
Animals, except for service animals, shall not be permitted in the
massage and bodywork work area.
P.
Each licensed therapist shall wash his or her hands in hot running
water, using antibacterial soap or disinfectant before administering
massage or bodywork therapy to each patron.
Q.
Hours of operation of all massage and bodywork therapy establishments
shall not commence prior to 9:00 a.m., and shall not extend beyond
10:00 p.m.
R.
It shall be the responsibility of the holder of the Borough permit
and all owners of the establishment to ensure that all licensed therapists,
employees, managers, operators and other persons comply with all provisions
of this chapter.
S.
Client records must be maintained and kept for every client who receives
services from the establishment, in accordance with the requirements
of N.J.A.C. 13:37A-5.2. Access to the records shall be provided in
accordance with the provisions of N.J.A.C. 13:37A-5.3. The records
shall include, at a minimum, an intake form completed by each client
to include the client's name, address, phone number, date of
birth, date of service, the specific service received, the licensed
therapist's full name and therapist license number, and the signature
of the client.
T.
Signage specifying the age restriction and the establishment's
recordkeeping requirements must be posted in English, conspicuously
displayed and clearly readable from the establishment's customer
entrance at all times.
A.
No owner, operator or manager of an establishment shall tolerate
or permit any activity or behavior at the establishment that is prohibited
by law particularly, but not limited to, laws proscribing prostitution,
indecency and obscenity, including the sale, uttering or exposing
and public communication of obscene material nor shall any owner,
operator or manager tolerate or permit any activity or behavior at
the establishment that violates any other federal, state or local
law.
B.
The arrest and/or conviction of any employee of the establishment
for an offense involving moral turpitude, any indictable offense,
an offense involving sexual misconduct, keeping or residing in a house
of prostitution, or any offense involving dishonesty shall devolve
upon the owner, manager and operator of such establishment and subject
the establishment to suspension or revocation of its Borough permit.
C.
The following activities are prohibited in the establishment:
(1)
Table showers.
(2)
Ear candling.
(3)
Any procedure that involves ear picks, ear scoops or ear spoons.
(4)
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.
(5)
Any activities or therapies that utilize any form of terrestrial
or aquatic animals during therapy including but not limited to fish
foot spas.
(6)
Any activities or therapies that utilize animal waste or products
that contain animal waste as an ingredient.
(7)
Colon cleansing.
D.
Pest control or sprays are prohibited unless performed by NJDEP-licensed
pest control contractors.
E.
On-premises laundering is restricted to only those linens and towels
used within the operation.
F.
No bulk food storage or meal preparation is permitted on the premises.
G.
No alcoholic beverages shall be stored or consumed on the premises.
A.
No person or entity shall advertise, provide or offer to provide
massage-related services for compensation within the Borough unless
such person or entity holds a valid Borough permit issued by the Borough
pursuant to this chapter.
B.
No advertisement is permitted on any outlet (internet, social media,
radio, print, television) implying or promoting the offering or possibility
of any act that would require the touching or fondling of another's
sexual or genital area.
It shall be the responsibility of the owner, operator or manager
of the establishment issued a Borough permit under this chapter to
ensure that all persons and employees affiliated with the establishment
comply with the provisions of this chapter.
A.
Any person or entity found to be operating any establishment or utilizing any premises in the Borough as or for a massage and bodywork therapy establishment without a Borough permit or after having been denied a Borough permit or after failing to renew a Borough permit may be ordered closed by the Health Officer or his/her designee or the Chief of Police or his/her designee and, in addition, may be subject to the general penalty provisions at Chapter 1, Article III, of the Code of the Borough of Fair Lawn 2000.
B.
Borough permits issued under this chapter may be suspended or revoked
by the Borough Council, or a by a hearing officer duly appointed by
the Borough Council, after notice and a hearing, as applicable, for
any of the following causes:
(1)
Fraud, misrepresentation or false statements in the application for
a Borough permit.
(2)
Fraud, misrepresentation or false statements made in the course of
operating the establishment.
(3)
Conviction of or an arrest for an offense involving moral turpitude,
any indictable offense, an offense involving sexual misconduct, keeping
or residing in a house of prostitution, and any offense involving
dishonesty.
(4)
Conducting the business of the establishment in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
(5)
Failure to submit a valid State of New Jersey massage and bodywork
employer registration issued by the New Jersey Board of Massage and
Bodywork Therapy and/or submitting a fraudulent certification attesting
that the establishment has no employees that would require the establishment
to apply for and hold a valid New Jersey massage and bodywork employer
registration.
(6)
Employing, permitting or otherwise utilizing persons at the establishment
who are not licensed therapists to perform massage or bodywork therapy.
(7)
Hindering, obstructing or refusing to permit the Health Officer or
his or her designee, any duly authorized police officer or other Borough
Official to inspect the establishment premises or the operation therein.
(8)
Failure of the establishment, its employees or others affiliated
with the establishment to comply with any provisions of this chapter
or with any federal, state or local laws.
(9)
The establishment is engaged in the practice of massage and bodywork
therapy under a false or assumed name or is operating under another
establishment's Borough permit.
C.
Notice of the hearing for suspension or revocation of a Borough permit
shall be given in writing by the Municipal Clerk setting forth specifically
the grounds of the complaint for revoking or suspending the Borough
permit, and the time and place of the hearing. Notice may be given
either by personal delivery to the establishment's representative,
or by regular mail and certified mail, return receipt requested, in
a sealed envelope, postage prepaid, addressed to such representative
at the establishment's business address appearing upon such Borough
permit.
D.
At the hearing before the Borough Council, or a hearing officer duly
appointed by the Borough Council, the permittee shall have an opportunity
to appear and be heard, and upon due consideration and deliberation
by the Borough Council or the hearing officer, the complaint may be
dismissed or, if charges are sustained, the Borough permit may be
suspended or revoked or denied reinstatement, as applicable, and conditions
required for reinstatement may be imposed.
E.
If any Borough permit shall have been revoked, neither the holder
thereof nor any person acting therefor, directly or indirectly, shall
be entitled to apply for another Borough permit to operate a massage
and bodywork therapy establishment within the Borough.
F.
A person or entity whose Borough permit has been revoked or suspended
shall immediately close the establishment and request all patrons
at the establishment to vacate the premises.
G.
Notwithstanding anything in this § 144-13 to the contrary, a Borough permit may be immediately suspended for not more than 10 days by the Health Officer, Chief of Police, or other Borough official if, in his/her opinion, the continued operation of the establishment will be detrimental to the health, safety and general welfare of patrons and/or the public. A hearing in accordance with this § 144-13 shall be held prior to the expiration of such ten-day period.
The Health Officer, his/her designee, any police officer of the Borough and/or the Construction Official shall enforce the provisions of this Chapter 144.
