[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 2-26-2002 by Ord. No. 02-2002. Amendments noted
where applicable.]
For the purposes of this chapter, the following
words and phrases shall have the meanings indicated:
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body,
or the rubbing, kneading, pounding or tapping of the human body by
any physical or mechanical means for any form of consideration.
Any establishment or operation wherein a massage is administered
or is permitted to be administered, when such massage is administered
for any form of consideration.
Any person, male or female, who administers a massage for
any form of consideration.
No person, firm or corporation shall apply for a license or operate any establishment or utilize any premises within the Borough of Totowa as or for a massage establishment unless or until there first has been obtained a certificate of occupancy from the Construction Code Officer of the Borough of Totowa in accordance with the Zoning Ordinance of the Borough of Totowa subject to minor site plan approval of the Planning Board. See § 415-65.
No person, firm or corporation shall operate
any establishment or utilize any premises within the Borough of Totowa
as or for a massage establishment unless or until there first has
been obtained a license for such establishment or premises from the
Municipal Clerk of the Borough of Totowa in accordance with the terms
and provisions of this chapter.
No person shall render or perform services as
a massage therapist or engage in the business of or be employed as
a massage therapist unless and until he or she has obtained a massage
therapist license from the Municipal Clerk of the Borough of Totowa
in accordance with the terms and provisions of this chapter.
Each and every applicant for a license either
for a massage establishment or premises, to be used for a massage
establishment or for a massage therapist license shall set forth the
following information in writing on forms provided by the Municipal
Clerk:
A.
If an individual, the full name, and residence address
of the applicant and all former addresses for a period of three years
prior to making the application.
B.
If a corporation, the full corporate name, the date
and state of incorporation, address of the place or places or business,
the name and address of the registered agent and the name, address
and age of any principal owing more than 10% of the stock.
C.
If a partnership, the information required by Subsection A above for each partner and the name under which the business is being conducted.
D.
The educational and/or business experience of the
applicant in the business or occupation for which the license is sought.
E.
The length of time that the applicant has been engaged
in such business or occupation.
F.
Whether the applicant has ever been convicted of any
criminal violation, the date, nature and disposition of such criminal
charges, summons, complaint or indictment.
G.
Name, address and age of every person to be initially
employed to conduct the service. This shall be a continuing obligation
for licensees to update the list of employees.
H.
State date upon which Zoning Department has approved
the location for the business.
Upon receipt of an application for a license
for a massage establishment or a massage therapist, the Municipal
Clerk shall refer the application to the Chief of Police, who shall
make or cause to be made a thorough investigation relative to the
application and upon completion of his investigation, shall return
the application to the Municipal Clerk, with or without approval.
A.
No person shall give or offer or hold oneself out
to offer a massage as a massage therapist within the meaning of this
chapter or employ or engage as an independent contractor any massagist
who gives or offers or holds oneself out to offer a massage unless
such person shall have satisfactorily completed a course or courses
of study in body massage in an approved school of instruction or training
within the criteria and guidelines set forth below.
(1)
Said courses shall pertain to anatomy, physiology,
hygiene, first aid, exercise therapy, massage techniques and related
aspects of the art of science.
(2)
A course of study in body massage shall constitute
200 hours of study in connection with an approved school.
(a)
Two hundred hours of such course shall be accredited
instructional hours pertaining to:
[1]
Classroom or clinical training in therapeutic
massage or reflexology techniques.
[2]
Classroom or clinical instruction or contraindications
for massage.
[3]
Classroom or clinical instruction or laboratory
instruction to develop a knowledge of the anatomy and physiology of
the systems of the body, with emphasis on the muscular and skeletal
systems.
(b)
The training of each massagist shall be reviewed
annually and each shall be required to provide proof of compliance
with the training section of this chapter with the Borough of Totowa
Board of Health.
B.
Any school or educational institution licensed to
do business as a school or educational institution in the state in
which it is located and providing requisite training herein provided
for shall constitute an approved school.
C.
Any school recognized or approved by or affiliated
with the American Massage and Therapy Association, Inc. or any equivalent
professionally recognized and approved school determined acceptable
by the Borough of Totowa Board of Health, shall constitute an approved
school.
D.
Compliance with this section shall first be determined
by the Chief of Police or his designee with the same rights of appeal
and hearing to the Municipal Council as elsewhere granted in this
chapter.
E.
In no event shall any person within the purview of
this chapter act as aforesaid without satisfying the training requirement
set forth above.
F.
Each massage therapist shall have malpractice insurance
in an amount of not less than $100,000.
The applicant for a license for a massage establishment
or premises shall pay an annual license fee of $300, which license
fee shall become due on or before the first of July in each year.
The applicant for a massage therapist license shall pay an annual
fee of $150, which license fee shall become due on or before the first
of July in each year.
A.
The Municipal Council shall approve the issuance of
a massage establishment license if all requirements for a massage
establishment described in this chapter are met, unless it is found:
(1)
The operation as proposed by the applicant, if permitted,
would not have complied with all applicable laws including, but not
limited to, the Building, Health, Housing, Zoning and Fire Codes of
the Borough of Totowa.
(2)
That the applicant and any other person who will be
directly engaged in the management and operation of a massage establishment
has been convicted of:
(3)
Based on the past criminal record of the applicant,
or the principal thereof, or based on other evidence of bad character
or morals, it is found that the granting or renewal of the license
would tend to encourage or permit criminal or immoral activities within
the Borough of Totowa.
A.
Any license issued for a massage establishment may be revoked or suspended by the Municipal Council, after a public hearing before the Municipal Council, where it is found that any of the provisions of this chapter are violated or where the licensee, including the massage therapist, has been convicted of any offense found in § 250-7 and the licensee has actual or constructive knowledge of the violation or conviction or in any case where the owner, operator or any employee refuses to permit any duly authorized Police Officer or Health Inspector of the Borough of Totowa to inspect the premises or the operations therein.
B.
The Municipal Council, before revoking or suspending
any license, shall give the licensee at least 10 days written notice
of the charges against the licensee and the opportunity for a public
hearing before the Municipal Council, at which time the licensee may
present evidence bearing upon the question. In such cases, the charges
shall be specific and in writing.
The provisions of this chapter shall not apply
to massage or physical therapy treatments given:
A.
In the office of a licensed physician, chiropractor
or physical therapist.
B.
In a regularly established medical center, hospital
or sanatorium having a staff which includes licensed physicians, chiropractors
and/or physical therapist in the residence of his patient.
C.
By any physician, licensed chiropractor or physical
therapist in the residence of his patient.
A recognizable and legible sign shall be posted
at the main entrance to any building or to the portion of a building
used as a massage establishment identifying the premises as a massage
establishment, and recognizable and legible signs shall be posted
in all exits identifying each such exit. All signs shall be posted
in accordance with all existing municipal ordinances.
A.
No massage establishment shall begin operations until
the building occupied or to be occupied shall have been approved by
the Borough of Totowa Board of Health, who shall establish procedures
for investigation and report pursuant to the regulation of this chapter.
B.
An application for a permit to operate a massage establishment
shall submit to the Borough of Totowa Board of Health plans and specifications
of the quarters proposed to be occupied. Such plans shall show details
of entrances, partitions, windows, openings, ventilation, plumbing
fixtures, water supply and waste and vent connections.
C.
Each massage establishment shall be equipped with
toilet and lavatory facilities for patrons and separate readily available
toilet and lavatory facilities for personnel. Each operating area
shall be equipped with a hand lavatory.
A.
All equipment, shower stalls, toilets, lavatories
and any other such accoutrements of the establishment shall be regularly
treated with disinfectants and shall be maintained in a clean and
sanitary condition at all times.
B.
Health, plumbing, electric and other inspectors shall
be given access to any part of the quarters of a massage establishment
for purposes of inspection during all times of operation.
C.
No person shall practice any of the services of a
massage establishment without a certification of good health issued
by a duly licensed physician, commensurate with the nature of the
services rendered. Such certificate shall be renewed every six months.
D.
No massage establishment shall knowingly serve any
patron infected with any fungus or other skin infections, not shall
service be performed on any patron exhibiting skin inflammation or
eruptions, provided that a duly licensed physician may certify that
a person may be safely served prescribing the conditions thereof.
E.
All personnel shall wash their hands in hot running
water, using a proper soap disinfectant, before giving any service
or treatment to each separate patron. All rest room and workstation
handwash sinks to be stocked with liquid hand soap and paper towels.
Dispensers for soap and paper towels to be wall mounted. Rest room
handwash sinks must have signs conspicuously displayed with the following
language: "Employees must wash hands after using the rest room."
F.
All towels and tissues and all sheets or other coverings
shall be used singularly for each patron and discarded for laundry
or disposal immediately after use.
No license shall be issued to manage, conduct
or operate the business of a massage establishment in any residential
district as established by the Zoning Ordinance of the Borough of
Totowa[1] but shall be established only in a highway business district
as established by the Zoning Ordinance of the Borough of Totowa.
Any person who violates any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $1,250 for each offense or by imprisonment for a term not
to exceed 90 days, or a requirement of community service for a period
not to exceed 90 days. A separate offense shall be deemed committed
on the day on which a violation occurs and each day the violation
continues to occur.
