[HISTORY: Adopted by the Mayor and Council of the Borough of Garwood 8-23-2005 by Ord. No. 05-23. Amendments noted where applicable.]
Health and sanitation — See Ch. 99.
It is hereby declared that the business of operating massage establishments is a business affecting the public health, safety and general welfare.
For the purposes of interpretation and enforcement, and unless the context requires otherwise, words and terms used in this chapter shall have the meanings ascribed to them as follows:
- HEALTH OFFICER
- The legally designated health authority of the Borough of Garwood or an authorized representative of the Health Officer.
- Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the human body with the hands and/or with the aid of any object or mechanical or electrical apparatus or appliance, with or without any supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice. For purposes of this definition, the use of any aids or processes used or offered as supplementary or incidental to the above, including heat lamps, hot and cold packs, tubs, showers, cabinet bath or steam and dry-heat baths, shall be considered a part of the massage.
- MASSAGE ESTABLISHMENT
- Any establishment, by whatever name called, where any person engages in or carries on or permits to be engaged in or carried on any of the activities of massage, as defined in the practice of massage as herein defined.
- MASSAGE THERAPIST, MASSAGE PRACTITIONER, MASSAGIST, MASSEUR AND MASSEUSE
- Any person who, for any consideration whatsoever, engages in the practice of massage, as herein defined. Such terms are used interchangeably in this chapter.
- Any individual and, unless the context clearly requires otherwise, any corporation, partnership, association, joint-stock company or combination of individuals of whatever form or character.
- RECOGNIZED SCHOOL
- A school or institution of learning which has for its purpose the teaching of the theory, practice, method, profession or work of massage, including anatomy, physiology, hygiene and professional ethics, which is approved by the Department of Education or Department of Health of the State of New Jersey.
This chapter shall not apply to any school, hospital, nursing home or sanitarium operating in accordance with the laws of the State of New Jersey nor to any person holding a valid certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry or to engage in the occupation of a barber, hairdresser or cosmetician under the laws of the State of New Jersey, provided that the activities of such person are confined to those for which the certificate or license is granted; nor shall this chapter apply to any person lawfully acting under their supervision or control; nor shall it prohibit the furnishing of assistance in the case of emergency.
For massage establishments. The provisions of this chapter shall apply immediately to any massage establishment which is initially opened or which is moved to a different location or which makes physical improvements to its place of business after the effective date of this chapter. The provisions of this chapter shall apply to all massage establishments from the effective date hereof. All existing massage establishments at the effective date shall comply with all provisions of this chapter within six months from the effective date.
For massage therapy. Any person who is employed as a massage therapist in the Borough as of the effective date of this chapter shall comply with this chapter within six months of the effective date. No other person may administer massage without first obtaining a massage permit.
[Amended 6-10-2014 by Ord. No. 14-10]
Permit required. No person shall engage in, conduct or carry on or permit to be conducted or carried on, in or upon any premises in the Borough, the operation of a massage establishment without first having obtained a permit to operate a massage establishment from the Health Officer.
Application. All applications for a permit to operate a massage establishment shall be in writing, signed and sworn to by the applicant, and shall set forth:
The name and address of each applicant.
That the applicant is at least 18 years of age.
The proposed place of business and facilities therein.
The exact nature of the massage to be administered.
Such other information as may be necessary in order for the Health Officer to make any determination required by this chapter.
Fee. Each application shall be accompanied by a fee of $125, which shall not be refundable, to defray the cost of administration.
Issuance. The Health Officer shall issue a permit to operate a massage establishment upon finding:
All requirements concerning operating and facilities described in this chapter will be complied with as of the effective date of the permit.
Compliance with all other statutes, codes or ordinances, including health, zoning, building, fire and safety requirements of the state or the Borough, as of the effective date of the permit.
That the nature of the massage administered will not endanger the health or safety of patrons of the massage establishment.
[Amended 6-10-2014 by Ord. No. 14-10]
Permit required. No person shall engage in the practice of massage without first having obtained a massage permit from the Health Officer.
Application. All applications for a massage permit shall be in writing, signed and sworn to by the applicant, and shall set forth:
Identification. Each applicant shall provide sufficient identification to establish that the applicant is, in fact, the person applying for the permit.
Fee. Each application shall be accompanied by a fee of $25, which shall not be refundable, to defray the cost of administration.
Issuance. The Health Officer shall issue a massage permit upon finding that the applicant has successfully completed a course of study at a recognized school, as defined in this chapter, or that the applicant, through past experience and training, possesses a sufficient knowledge of the theory, practice, method, profession or work of massage and of anatomy, physiology, hygiene and professional ethics such that the granting of a permit to the applicant would not impair the public health, safety or welfare.
A permit to operate a massage establishment and a massage permit shall be valid for one year from the date of issuance unless revoked or suspended.
Each application for renewal of a permit shall be accompanied by a fee in the amount as provided for the original permit.
If renewal of any permit is denied, the Health Officer shall notify the holder of the permit in writing, no later than 60 days after application for the permit, of the facts and of the specific section or sections of this chapter upon which the Director's determination was made.
No permit issued pursuant to this chapter shall be transferable.
No permit to operate a massage establishment shall be granted until the Health Officer has established, following inspection, that the establishment complies with each of the following minimum requirements:
All massage services must be carried out in clearly marked rooms within the massage establishment, and such rooms shall provide privacy to the patron while allowing for the capability to inspect all activity within the room for the purpose of determining that the provisions of this chapter are complied with. Such rooms shall be provided with continuous white lighting, sufficient to light the entire room, which shall remain on at all times that such room is in use.
Private dressing rooms shall be provided for each patron and shall not be utilized by more than one person at a time. Such dressing room shall be equipped with a locking device, from the inside, and shall be located so that the patron goes directly from the dressing room to the massage room without passing through any public area of the establishment.
Massage tables shall be provided in each designated massage room and shall be adequate to support the full body length, width and weight of each individual patron served.
Rooms used for toilets, tubs, steam baths and showers shall be waterproofed with approved waterproof materials.
Every portion of the massage establishment, including appliances and apparatus, shall be clean and in good repair and operated in a sanitary condition.
All employees, including massagists, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in an approved sanitary manner; provided, however, that appropriate single-service disposal items may be utilized in lieu of sheets and towels. No sheet or towel shall be used by more than one person without being laundered.
Massage tables or pads used on massage tables shall be cleaned after each use.
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation, and bathtubs shall be thoroughly cleaned after each use.
All facilities, equipment and materials utilized by practitioners of massage shall be in safe and sanitary order and so maintained and operated as to preclude any danger or hazard to patron or practitioner.
No massage therapist affected by any contagious or communicable disease shall practice massage, and each massage therapist may be required to present certification to the Health Officer from a licensed physician stating that they have been examined and found to be currently free of contagious or communicable disease.
Massage therapists shall not diagnose or treat classified diseases nor practice spinal or other joint manipulation nor prescribe medicine or drugs.
No massage establishment shall be operated and no massage administered in violation of or in such a manner as to promote or encourage violation of any statute or ordinance.
Each permit to operate a massage establishment and each permit of a massage therapist employed therein shall be conspicuously displayed within the establishment.
No massage establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.
No person shall permit any person under the age of 18 years to enter or remain on the premises of any massage business establishment, as massage therapist, employee or patron, unless such person is accompanied by a parent.
No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage business.
No massage establishment shall be kept open for business purposes on any day between the hours of 11:00 p.m. and 8:00 a.m.
No smoking shall be permitted in any massage room.
Each masseur or masseuse shall wash his/her hands with a bacteriostatic solution immediately before and immediately after rendering massage services to an individual.
A list of all mechanical or electrical apparatus or appliances and any substance to be applied to the skin shall be given to the Health Officer for approval. No other apparatus, appliance or substance shall be used except as expressly approved by the Health Officer.
All apparatus or appliances or objects used in massage shall be cleansed and disinfected before and after each use.
All disinfectants and cleansing agents used to maintain the premises and equipment in a sanitary manner shall be kept in a clean, closed drawer or cabinet and completely separate from any substance that is to be applied to the skin in performing a massage.
Each establishment shall have, and each masseur and masseuse shall be knowledgeable of, written procedures to cover:
The cleansing and sanitizing of appliances, apparatus, shower and toilet facilities and surfaces.
The maintenance, proper operation and storage of appliances and equipment.
The laundering, sanitizing, storage and use of sheets, towels and other linens.
First-aid and emergency health care.
A list of conditions and causes that would lead the masseur or masseuse to question the giving or continuing of a massage. In addition, prior to the giving of a massage, each client shall be questioned as to whether or not they have any condition which may contraindicate the giving of a massage.
Such procedures shall be subject to the review and approval of the Health Officer, and masseurs and masseuses shall be tested as to their knowledge and practice of such procedures.
It shall be unlawful for any person in a massage establishment to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner or to massage a sexual or genital part of any other person.
It shall be unlawful for any person in a massage establishment to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person in a massage establishment to expose the sexual or genital parts, or any portions thereof, of any other person.
It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a full opaque covering the sexual or genital parts of his or her body.
Sexual or genital parts shall include the genitals, pubic area, anus and perineum of any persons and the vulva or breasts of a female.
It shall be unlawful for any person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in Subsections A, B or C of this section.
Enforcement responsibility. The Health Officer and Chief of Police shall be responsible for enforcing the provisions of this chapter and carrying out its intent.
Rules and regulations. The Health Officer and the Chief of Police are hereby authorized to make, adopt, revise and amend procedural rules and regulations as is deemed necessary to administer the purposes of this chapter and to interpret and implement the provisions of the chapter.
Inspections. The Health Officer and the Chief of Police, or their authorized representatives, shall, from time to time and no less than four times a year, make an inspection of each massage establishment for the purpose of determining that the provisions of this chapter are complied with. Such inspections shall be made at a reasonable time and in a reasonable manner. No permit holder shall fail to allow access to the premises for purpose of inspection or hinder such inspection in any manner.
Notice of violation.
Whenever the Health Officer or Chief of Police determines that any establishment fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant thereto, they may immediately invoke a penalty as provided in Subsection G of this section or may issue to the owner, operator or permit holder a written notice of violation setting forth the alleged failures and date for correction.
At the end of the period of time allowed for the correction of any violation, the Health Officer or Chief of Police shall reinspect the establishment to determine if the violation has been corrected.
If, upon reinspection, the violations are determined not to have been corrected, immediate action shall be taken to correct the violations, including but not limited to assessing fines or revoking the permit.
Revocation or suspension of permit.
The Health Officer may revoke or suspend any permit to operate a massage establishment if he/she finds that:
The applicant for the permit has made any false or misleading statement in applying for the permit;
Any of the provisions of this chapter are violated or that the holder of the permit, or any agent or employee of the holder, including a massage therapist, has been convicted of any offense as herein defined and the holder has actual or constructive knowledge of the violation or conviction; or
The holder of the permit has refused to permit the Health Officer or any other duly authorized officer to make a reasonable inspection of the premises or the operation therein or unduly hinders such inspection.
The Health Officer may revoke or suspend any massagist permit if he/she finds that:
The Health Officer shall not revoke or suspend any permit issued under this chapter without notifying the holder of the permit, in writing, of the facts and of the specific section or sections of this chapter upon which his/her determination was made and of the holder's right to request a hearing before the Health Officer and to present evidence or argument on all facts or issues involved.
Hearings on denial of permit or denial of renewal.
Any person aggrieved by the denial of a permit to operate a massage establishment or a massage permit or by the denial of renewal of such permit may request, if done within seven calendar days of such denial, in writing, a hearing before the Health Officer, at which hearing such person shall be afforded the opportunity to present evidence and argument on all facts or issues involved.
A request for a hearing shall stay any revocation, suspension or denial of a renewal until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Health Officer finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in the notice, the permit may be summarily suspended, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined.
The Health Officer shall, upon receiving a request for a hearing under Subsection F(1), schedule a hearing not later than 15 working days from the date of actual receipt of the request and shall notify all parties of the time and place thereof.
The Health Officer shall render a decision within 10 working days of the date of the hearing held under this section.
Every person, except persons who are specifically exempted by this chapter, whether acting as individual, owner, employee of the owner, operator or employee of operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to the Borough or who violates any of the provisions of this chapter shall be punished by a fine not to exceed $100. Each violation and each day any such violation shall continue shall constitute a separate offense.
The imposition of any fine hereunder shall not prevent the enforced abatement of any unlawful condition by the Borough, nor shall it prevent the enforcement of other ordinances, regulations or statutes deemed applicable.