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.
MASSAGE
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.
PERSON
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.
[Amended 6-10-2014 by Ord. No. 14-10]
A. 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.
B. 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:
(1) The name and address of each applicant.
(2) That the applicant is at least 18 years of age.
(3) The proposed place of business and facilities therein.
(4) The exact nature of the massage to be administered.
(5) Such other information as may be necessary in order for the Health
Officer to make any determination required by this chapter.
C. Fee. Each application shall be accompanied by a fee of $125, which
shall not be refundable, to defray the cost of administration.
D. Issuance. The Health Officer shall issue a permit to operate a massage
establishment upon finding:
(1) All requirements concerning operating and facilities described in
this chapter will be complied with as of the effective date of the
permit.
(2) 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.
(3) 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]
A. Permit required. No person shall engage in the practice of massage
without first having obtained a massage permit from the Health Officer.
B. Application. All applications for a massage permit shall be in writing,
signed and sworn to by the applicant, and shall set forth:
(1) The name and address of the applicant.
(2) That the applicant is at least 18 years of age.
(3) Such other information as may be necessary in order for the Health
Officer to make any determination required by this chapter.
C. Identification. Each applicant shall provide sufficient identification
to establish that the applicant is, in fact, the person applying for
the permit.
D. Fee. Each application shall be accompanied by a fee of $25, which
shall not be refundable, to defray the cost of administration.
E. 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.
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:
A. 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.
C. 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.
D. 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.
F. Rooms used for toilets, tubs, steam baths and showers
shall be waterproofed with approved waterproof materials.