[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 9-11-2001 by Ord. No. 2001-16; amended in its entirety 5-25-2010 by Ord. No.
2010-19. Subsequent amendments noted where applicable.]
It is hereby declared that the business of operating a massage
and/or somatic therapies business, as defined in this chapter, is
a business affecting the public health, safety and general welfare
of consumers of massage within the Borough of Park Ridge.
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all persons, other than the massage practitioner(s)
and employee(s), who are authorized to act for or in place of the
licensee, business(es), practitioner(s) and/or employee(s).
Shall be used as that term is used in N.J.A.C. 13:37-16.1
et seq.
Any and all persons, other than the practitioner(s), who
work for a business licensed pursuant to this chapter, who receive
compensation directly from the licensee and who have no physical contact
with the patrons.
The operator of a massage business and/or a massage practitioner,
who will receive money or any other consideration therefor and who
has a license issued pursuant to this chapter.
Shall be used as that term is used in N.J.S.A. 45:11-53 et
seq.
Massage, bodywork, pressure and somatic therapy. Those terms
shall be used herein as those terms are used in N.J.S.A. 45:11-55
et seq., and this chapter.
Systems of activity of structured touch which include, but
are not limited to, holding, applying pressure, positioning and mobilizing
soft tissue of the body by manual techniques and use of visual, kinesthetic,
auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork, pressure or somatic principles. Such
application may include, but is not limited to, the use of therapies
such as heliotherapy, or hydrotherapy, the use of moist hot and cold
external application of herbal or topical preparations not classified
as prescribed drugs, explaining and describing myofascial movement,
self-care and stress management as it relates to massage, bodywork
and somatic therapies. Massage, bodywork and somatic therapy practices
are designed to affect the energetic system of the body for purposes
of promoting and maintaining the health and well-being of the client.
Massage, bodywork, pressure and somatic therapies do not include the
practice of medicine, surgery, dentistry, osteopathy, chiropractic,
physical therapy or other medical or surgical practices as defined
in Title 45, Chapter 9, of New Jersey Statutes Annotated, or to licensed
nurses acting under the direct prescription and direction of said
practitioners. Massage, bodywork, pressure and somatic therapies do
not include massage of the scalp, hands or feet by a hair or nail
salon or chair massage of arms, neck and shoulders in an open room
or area where other business is conducted, or certificated therapeutic
methods that are employed when the patron is fully clothed.
Any establishment located in a fixed place of business on
a nonresidential property owned, leased, operated or controlled by
any person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this chapter. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy.
Any person who holds a certificate as defined by this chapter
who, for any consideration whatsoever, engages in the practice of
massage, bodywork, pressure and/or somatic therapy as herein defined,
including but not limited to subcontractors, subtenants or temporary
employees certified by the State of New Jersey.
Any room, floor or section of a massage business where massage,
bodywork, pressure and/or somatic therapies as herein defined are
carried out.
Any person who receives a massage, bodywork, pressure and/or
somatic therapies under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
An individual person, partnership, corporation, limited-liability
company or any other enterprise or entity capable of conducting a
massage business and/or massage services. Persons shall specifically
include and apply to individual owners of massage businesses, as well
as the entity(ies).
[Amended 12-28-2010 by Ord. No. 2010-40]
A.
Massage
business. No persons shall operate a business engaged in the provision
of massage, bodywork, pressure or somatic therapy services unless
such person has first obtained a valid license for such business from
the Borough of Park Ridge in accordance with the terms and provisions
of this chapter. Each applicant shall contact the Park Ridge Police
Department so that a thorough background check can be completed. In
the event of a partnership, all partners, and in the event of a corporation,
the president, vice president, secretary and treasurer, shall be required
to submit whatever fingerprints are required by the Park Ridge Police
Department for the purpose of completing a thorough background check.
The required fingerprints will be taken and processed by one of the
approved MorphoTrak fingerprint processing locations in the area.
B.
Massage practitioner. No person shall engage in providing massage
services unless such person has first obtained a valid massage practitioner
permit issued by the Borough of Park Ridge pursuant to the provisions
of this chapter and is certified by the State of New Jersey pursuant
to N.J.S.A. 45:11-53 et seq., and N.J.A.C. 13:37-16.1 et seq.
(1)
The provision of massage services shall be limited to licensed medical
centers, hotels, or the duly licensed office of a physician, osteopath,
chiropractor, physical therapist or the office of a duly licensed
massage business, as defined herein.
(2)
No person other than a licensed and state-certified massage practitioner
shall have any physical contact with patients or persons within the
office of said physician, osteopath, chiropractor, physical therapist
or massage business.
(3)
The Borough of Park Ridge shall issue a permit to practice upon satisfaction
by the applicant that he or she has met all the requirements of N.J.S.A.
45:11-53 et seq., and N.J.A.C. 13:37-16.1 et seq.
[Amended 12-28-2010 by Ord. No. 2010-40]
Every applicant for a massage practitioner permit and/or a massage
business license pursuant to this chapter shall file annually a complete
application with the Borough of Park Ridge as set forth in this chapter
and pay an annual filing fee as follows:
A.
For a massage business license pursuant to this chapter, the fee
shall be $250 per year.
B.
For each additional massage practitioner working for a licensed massage
establishment and/or business, the permit fee shall be $100 per year.
C.
All fees are nonrefundable. Fees are annual and not prorated.
D.
The license and/or permit fee shall be due on the first day of July
in each year.
E.
Any changes in ownership shall require a new application and license
with the payment of the fees therefor.
F.
If, at any time after the initial license is granted, additional
practitioners begin providing services at any massage business, all
of the information required herein must be submitted to the Borough
of Park Ridge prior to the massage practitioner providing services,
and the additional fee must be paid.
G.
In addition to the above, each massage practitioner and massage business
applicant must contact the Park Ridge Police Department to fill out
the proper paperwork and pay the required fee to obtain a criminal
background check.
[Amended 12-28-2010 by Ord. No. 2010-40]
A.
Each massage business and each massage practitioner must be licensed.
There shall be a separate massage business license and a separate
massage practitioner permit.
B.
Each application for either a license or permit, or renewal thereof,
either to operate a massage business or premises or to engage in the
business of massage or to be employed as a massage practitioner, shall
be approved by the governing body before any license is issued. First-time
applicants for any licensure must complete a background check conducted
by the Park Ridge Police Department in accordance with the terms and
provisions of this chapter and the procedures established by the Borough
of Park Ridge Police Department. The governing body shall not approve
such application if, on the basis of the criminal record of the applicant
or of the principles thereof or on the basis thereof of other evidence
of bad character or morals, it shall determine that the granting or
renewal of such license or permit would tend to encourage or permit
criminal or immoral activities within the Borough of Park Ridge.
C.
Any applicant for a massage practitioner license or massage business
permit shall file a written application with the Borough of Park Ridge
on a form to be furnished by the Borough of Park Ridge. The applicant
shall accompany the application with a tender of an application fee
as set forth in this chapter above and shall, in addition, furnish
the following:
(1)
The applicant's name, complete address, residence and cell phone
number.
(2)
All previous addresses within the last five years prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and color of hair and eyes.
(5)
Previous employment and business history, including whether or not
the applicant has previously operated in this or another municipality
or state under a license or permit and whether or not any such license
or permit was denied, revoked or suspended and the reason therefor
and the business activities or occupations subsequent to such action
or denial, suspension or revocation.
(6)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and the circumstances thereof.
(7)
Upon initial application, a written waiver and consent to allow a
fingerprint and criminal background check as determined by the Borough
of Park Ridge Police Department. For this, a fee shall be paid by
the applicant.
(8)
The names and addresses of two adult residents of this state who
will serve as character references. These references must be persons
other than relatives and business associates.
(9)
A written declaration by the applicant under penalty of perjury that
the foregoing information contained in the application is true and
correct.
No massage business shall be issued a license to operate or
establish in the Borough of Park Ridge unless a walk-through inspection
is conducted and an inspection by the appropriate departments produces
the following:
A.
A written report by the Borough of Park Ridge Construction Code Official
that construction of rooms used for toilets, tubs, steam baths and
showers is waterproof with approved waterproof materials and installed
in accordance with the New Jersey Uniform Construction Code[1] and that the premises comply with all other appropriate
building requirements.
[1]
Editor's Note: See N.J.A.C. 5:23-1.1 et seq.
B.
A written report by the Borough of Park Ridge that:
[Amended 12-28-2010 by Ord. No. 2010-40]
(1)
All massage tables have surfaces which may be readily disinfected.
(2)
The premises have adequate equipment for sanitizing nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials must be disinfected after use on each patron.
(3)
Closed cabinets are provided and used for the storage of clean linen,
towels and other materials used in connection with administering massages.
All soiled linens, towels and other materials are kept in properly
covered containers or cabinets, which containers or cabinets are kept
separate from the clean storage area.
(4)
Toilet facilities are provided in convenient locations.
(5)
Lavatories or washbasins providing both hot and cold running water
are installed in either the toilet room or a vestibule immediately
adjacent thereto. Lavatories or washbasins are provided with soap
and a dispenser and with sanitary towels.
C.
A written report by the Borough of Park Ridge Fire Prevention Bureau
Department that the premises meet the Fire Code of the Borough of
Park Ridge.
[Amended 12-28-2010 by Ord. No. 2010-40]
The Borough of Park Ridge, upon receiving an application for
a massage business license, shall refer the application to the Borough
of Park Ridge Construction Code Official, the Borough of Park Ridge
Fire Prevention Bureau and the Borough of Park Ridge Police Department,
which departments shall inspect the premises proposed to be operated
as a massage business and shall make written recommendation to the
Borough of Park Ridge concerning the laws and codes that they administer,
as herein provided.
[Amended 12-28-2010 by Ord. No. 2010-40]
The Borough of Park Ridge may issue a massage practitioner permit
and/or massage business license within 30 days following receipt of
a completed application and the certifications set forth in this chapter
if all requirements described in this chapter are met, unless the
Borough finds that:
A.
The correct permit and/or license fee has not been tendered to the
Borough of Park Ridge and, in the case of a check or bank draft, honored
with payment upon presentation.
B.
In the case of a massage business application, the operation as proposed
by the applicant, if permitted, would not comply with all applicable
laws, including but not limited to the Borough of Park Ridge building,
zoning, fire and health codes and regulations.[1]
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the license application or in any document required
by the Borough of Park Ridge in conjunction therewith.
D.
The applicant has had a massage business, massage practitioner or
other similar permit or license denied, revoked or suspended by the
Borough of Park Ridge or any other state or local agency, which finding
may be waived by the Borough Council in its discretion.
E.
The applicant, if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, if the applicant is a partnership, or the manager or other
person principally in charge of the operation of the business is not
over the age of 18 years.
F.
The applicant(s), if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, if the applicant is a partnership, or the manager or other
person principally in charge of the operation of the business has
been convicted of an offense involving sexual misconduct with children,
prostitution, soliciting for purpose of offenses opposed to decency
and morality, or any crime of moral turpitude.
A.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers or given
to the patron in the manner he or she can read.
B.
Massage practitioners and employees shall be clean and wear clean,
nontransparent outer garments.
C.
The sexual, genital and rectal areas of patrons must be covered by
towels, cloths or undergarments when in the presence of massage practitioners
or employees.
D.
While administering massage, as defined in this chapter, it shall
be unlawful for any person to knowingly place his or her hand upon
or to touch, fondle or massage in any manner a sexual, genital and/or
rectal area of himself or herself or any other person.
E.
No massage practitioner, employee or licensee shall perform, or offer
to perform, any act which would require the touching of a patron's
sexual, genital or rectal area.
F.
All massage practitioners and employees shall refrain, under all
circumstances, from initiating or engaging in any sexual conduct,
sexual activities or sexualizing behavior involving a patron, even
if a patron attempts to sexualize the relationship.
G.
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 or steam or vapor cabinets and shower compartments and
toilet rooms shall be thoroughly cleaned each day that the business
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.
(1)
Oils, creams, lotions, stones and other preparations used in administering
massage shall be kept in clean, closed containers or cabinets.
(2)
Eating in a massage business shall not be permitted except in a designated
cafeteria/kitchen. Animals, except for Seeing Eye dogs, shall not
be permitted in a massage business.
(3)
Each massage practitioner shall wash his or her hands in hot running
water, using a proper soap or disinfectant, before administering a
massage to each patron.
(4)
All massage businesses shall maintain appropriate liability insurance
coverage with a reputable company licensed by the State of New Jersey
in an amount of not less than $1,000,000 per occurrence and in the
aggregate for all claims caused by personal injury. A certificate
of insurance, in acceptable form to the Borough Attorney, shall be
provided to the Borough Clerk's Office within 10 days of the
issuance of the license. In the event that the certificate of insurance
is not provided to the Borough Clerk's Office within the time
prescribed, the license will be revoked. Proof of appropriate liability
insurance must be conspicuously posted.
H.
Nothing contained herein shall be construed to eliminate other requirements
of statute or chapters concerning the maintenance of premises or to
preclude authorized inspection thereof.
A licensee and/or employee shall not perform:
A.
Colonic irrigations;
B.
Prostate massages;
C.
Vaginal or penile massages;
D.
Rectal massages;
E.
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A.
45:16-1 et seq.;
F.
Any application of electrical current to the body (Transcutaneous
Electronic Nerve Stimulation, TENS machine);
G.
Ultrasound therapy; and
H.
Diagnosis of illness, disease, impairment or disability.
[Amended 12-28-2010 by Ord. No. 2010-40]
Any license or permit issued for a massage practitioner and/or
massage business may be revoked or suspended by the Borough of Park
Ridge after a hearing, for good cause, or in any case where any licensee
and/or employee violates any of the provisions of this chapter or
where any licensee and/or employee violates any of the state or local
laws or ordinances. Any massage business license may be revoked or
suspended if any licensee, massage practitioner or employee refuses
to permit any duly authorized health inspector, police officer, building
department inspector or fire inspector to inspect the premises or
the operations therein. Any massage business license may also be revoked
or suspended by the Borough of Park Ridge if such business is being
managed, conducted or maintained without regard for the public health
or health of patrons or without due regard for proper sanitation and
hygiene. A hearing may be requested by a licensee concerning a suspension
or a revocation order within 10 days of its issuance. The Borough
Council shall be the hearing officer and the sole authority to revoke
said license pursuant to N.J.S.A. 40:52-1.2.
All massage business licensees must maintain a register of all
persons employed as massage practitioners and their license numbers
and all other employees and agents. Such register shall include the
name, address, date of birth and social security number of all massage
practitioners, employees and agents and shall be available for inspection
at all times during regular business hours.
The licensee shall be responsible for all actions which occur
on the premises of a massage business, whether by massage practitioners,
employees, subcontractors or other agents, where the licensee has
actual or constructive knowledge of such actions.
All massage businesses shall post their massage business licenses
in conspicuous locations at all times.
[Amended 12-28-2010 by Ord. No. 2010-40]
The Borough of Park Ridge, Borough of Park Ridge Police Department,
Borough of Park Ridge Construction Code Department and Borough of
Park Ridge Fire Prevention Bureau shall, from time to time, announced
or unannounced, make an inspection of each massage business for the
purpose of determining whether the provisions of this chapter are
complied with. Such inspections shall be made at reasonable times
and in a reasonable manner and in compliance with this chapter. It
shall be unlawful and grounds for a suspension and/or revocation of
the license for any licensee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
No person shall permit any person under the age of 18 years
to receive a massage without advance written permission from his or
her parent, caregiver or guardian or unless a parent, caregiver or
guardian is present in the room during the time of the massage.
No person shall sell, give, dispense, provide or keep or permit
the sale or consumption of alcoholic beverages on the premises of
a massage business.
No person granted a license pursuant to this chapter shall operate
under any name or conduct his or her business under any designation
for any location not specified in his or her license.
Massage business licenses are not transferable, separate or
divisible, and such authority as a massage business license confers
shall be conferred only on the licensee named therein for the location
of the massage business specified therein only. Massage practitioner
licenses are not transferable, separate or divisible.
The provisions of this chapter do not apply to massage, bodywork,
pressure, somatic therapy or physical therapy treatments given:
A.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
B.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapists.
C.
By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of his or her patient.
D.
In any licensed health and/or athletic club.
E.
In any hotel with a minimum of 100 rooms.
[Amended 12-28-2010 by Ord. No. 2010-40]
All persons who presently operate a massage business and hold
a license issued by the Borough of Park Ridge must comply with the
provisions of this chapter within 30 days of the effective date of
this chapter. All persons who are presently practicing as massage
practitioners pursuant to a permit issued by the Borough of Park Ridge
must become certified by the State of New Jersey pursuant to N.J.S.A.
45:11-53 et seq., and N.J.A.C. 13:37-16.1 et seq. and must present
the certification by the State of New Jersey to the Borough of Park
Ridge within one year of the effective date of this chapter. Applications
for renewal of licenses or permits must be filed not more than three
months nor less than two months prior to termination of an existing
license or permit.
Unless another penalty is specifically provided elsewhere in
the Borough of Park Ridge or the laws of the State of New Jersey,
any person who violates any provision of this chapter shall, upon
conviction in Municipal Court, be punished by imprisonment in the
county jail for a term not exceeding 90 days or by a fine not exceeding
$1,000, or both, in the discretion of the Court.
