[HISTORY: Adopted by the Mayor and Council
of the Borough of Garwood 8-23-2005 by Ord. No. 05-23. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
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.
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.
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.
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.
A.
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.
B.
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]
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:
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.
A.
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.
B.
Each application for renewal of a permit shall be
accompanied by a fee in the amount as provided for the original permit.
D.
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:
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.
A.
Every portion of the massage establishment, including
appliances and apparatus, shall be clean and in good repair and operated
in a sanitary condition.
B.
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.
C.
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.
D.
Massage tables or pads used on massage tables shall
be cleaned after each use.
E.
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.
F.
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.
G.
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.
H.
Massage therapists shall not diagnose or treat classified
diseases nor practice spinal or other joint manipulation nor prescribe
medicine or drugs.
I.
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.
J.
Each permit to operate a massage establishment and
each permit of a massage therapist employed therein shall be conspicuously
displayed within the establishment.
K.
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.
L.
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.
M.
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.
N.
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.
O.
No smoking shall be permitted in any massage room.
P.
Each masseur or masseuse shall wash his/her hands
with a bacteriostatic solution immediately before and immediately
after rendering massage services to an individual.
Q.
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.
R.
All apparatus or appliances or objects used in massage
shall be cleansed and disinfected before and after each use.
S.
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.
T.
Written procedures.
(1)
Each establishment shall have, and each masseur and
masseuse shall be knowledgeable of, written procedures to cover:
(a)
The cleansing and sanitizing of appliances,
apparatus, shower and toilet facilities and surfaces.
(b)
The maintenance, proper operation and storage
of appliances and equipment.
(c)
The laundering, sanitizing, storage and use
of sheets, towels and other linens.
(d)
First-aid and emergency health care.
(e)
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.
(2)
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.
A.
Acts enumerated.
(1)
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.
(2)
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.
(3)
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.
B.
Sexual or genital parts shall include the genitals,
pubic area, anus and perineum of any persons and the vulva or breasts
of a female.
C.
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.
A.
Enforcement responsibility. The Health Officer and
Chief of Police shall be responsible for enforcing the provisions
of this chapter and carrying out its intent.
B.
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.
C.
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.
D.
Notice of violation.
(1)
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.
(2)
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.
(3)
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.
E.
Revocation or suspension of permit.
(1)
The Health Officer may revoke or suspend any permit
to operate a massage establishment if he/she finds that:
(a)
The applicant for the permit has made any false
or misleading statement in applying for the permit;
(b)
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
(c)
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.
(2)
The Health Officer may revoke or suspend any massagist
permit if he/she finds that:
(3)
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.
F.
Hearings on denial of permit or denial of renewal.
(1)
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.
(2)
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.
(3)
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.
(4)
The Health Officer shall render a decision within
10 working days of the date of the hearing held under this section.
G.
Penalty.
(1)
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.
(2)
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.
