[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 8-6-2002 by Ord. No. O:2002-13
(Ch. 35, Art. III of the 1969 Code). Amendments noted where applicable.]
The purpose of this chapter is to insure the
health and safety of all persons involved in massage businesses and
establishments within the Town.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any and all persons, other than the massage practitioners,
who work at a massage establishment, who receive compensation directly
from the permittee and who have no physical contact with the customers
and clients.
A person licensed to practice massage and bodywork therapies
pursuant to the provisions of P.L. 1999, c. 19 (N.J.S.A. 45:11-53
et seq.), and P.L. 2007, c. 337 (N.J.S.A. 45:11-68 et seq.)
[Added 7-21-2015 by Ord.
No. O:2015-16]
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this chapter. This includes any establishment engaged
in or carrying on any of the activities mentioned in this chapter.
This includes any establishment engaged in or carrying on or permitting
any combination of massage and bathhouse.
Any person, including a trainee, who, for any consideration
whatsoever, engages in the practice of massage as herein defined including
but not limited to subcontractors, subtenants or temporary employees.
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
any other consideration therefor.
The operator of a massage establishment and out-call massage
service.
No person shall engage in or carry on the business
of massage unless he or she has a valid massage establishment permit
issued by the Town of Phillipsburg pursuant to the provisions of this
chapter for each and every separate office or place of business.
A.
Every applicant for a permit to maintain, operate
or conduct a massage establishment including out-call massage services
shall file a complete application with the Business Administrator
upon a form provided by said Business Administrator, and pay an annual
filing fee as follows:
B.
All fees are nonrefundable.
C.
If at anytime after the initial permit is granted
additional massage practitioners begin providing services at the massage
establishment, all of the information required herein must be submitted
to the Business Administrator within 10 days and the additional fee
paid.
Any person desiring a massage establishment permit shall file a written application with the Town Business Administrator on a form to be furnished by the Town. The applicant shall accompany the application with a tender of the correct fee set forth in § 375-4 above and shall, in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation, limited liability corporation,
or otherwise.
B.
The name, style and designation under which the business
or practice is to be conducted.
C.
The business address and all telephone numbers where
the business is to be conducted.
D.
A complete list of the names, residence addresses
and emergency telephone numbers of all massage practitioners and employees
in the business and the name, residence addresses and emergency telephone
numbers of the manager or other person principally in charge of the
operation of the business.
E.
The following personal information concerning the
applicant, if an individual, concerning each stockholder holding more
than 10% of the stock of the corporation, each officer and each director
or managing agent if the applicant is a corporation, concerning the
partners including limited partners. If the applicant is a partnership,
the manager or other person principally in charge of the operation
of the business, and all massage practitioners and employees:
(1)
The name, complete residence address and residence/emergency
telephone number.
(2)
The two previous addresses immediately prior to the
present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front-face portrait photographs taken within 30
days of the date of the application and two inches by two inches in
size.
(6)
The massage or similar business history and experience,
including but not limited to whether or not such person has previously
operated in this or another Town or state under a license or permit
or has had such license or permit denied, revoked or suspended and
the reason therefor and the business activities or occupations subsequent
to such action for denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and
the offense for which convicted and circumstances thereof. The applicant
shall execute a waiver and consent to allow a fingerprint and criminal
background check by the Police Department. A fee of $50 shall be paid
for each massage practitioner and employee.
(8)
A diploma, certificate or other written proof of graduation
from a recognized school by the person who shall be directly responsible
for the operation and management of the massage business. A true copy
of a certificate of certification, issued by the Massage, Bodywork
and Somatic Therapy Committee of the New Jersey Board of Nursing pursuant
to P.L. 1999, c. 19 (N.J.S.A. 45:11-53 through 67), for each massage
practitioner to be employed at the massage establishment.
(9)
Authorization for the Town and its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
(10)
The names and addresses of three adult residents
of the county who will serve as character references. These references
must be persons other than relatives and business associates.
(11)
A written declaration by the applicant, under
penalty or perjury, that the foregoing information contained in the
application is true and correct, said declaration being duly dated
and signed in the Town.
A.
No massage establishment shall be issued a permit
to be operated, established or maintained in the Town unless an inspection
by the Construction Official and Fire Inspector reveals that the establishment
complies with each of the following minimum requirements:
(1)
Construction of rooms used for toilets, tubs, steam
baths, and showers shall be made waterproof with approved waterproof
materials and shall be installed in accordance with the New Jersey
Uniform Construction Code.
(2)
All massage tables, bathtubs, shower stalls or bath
areas and floors shall have surfaces which may be readily disinfected.
(3)
Adequate bathing, dressing and locker facilities shall
be provided for the patrons to be served at any given time. In the
event that male and female patrons are to be served simultaneously,
separate bathing, dressing, locker and massage room facilities shall
be provided.
(4)
The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(5)
Closed cabinets shall be 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
shall be kept in properly covered containers or cabinets, which containers
or cabinets shall be kept separate from the clean storage areas.
(6)
Toilet facilities shall be provided in convenient
locations. When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per sex shall be provided for
each 20 or more employees or patrons of that sex on the premises at
any one time. Urinals may be substituted for half of the water closets
for the male patrons after one water closet has been provided. Toilets
shall be designated as to the sex accommodated therein.
(7)
Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the toilet room or
a vestibule immediately adjacent thereto. Lavatories or washbasins
shall be provided with soap and a dispenser and with sanitary towels.
(8)
The premises shall be equipped with a service sink
for custodial services.
B.
The Health Officer, the Construction Official or the
Fire Inspector shall certify that the proposed massage establishment
complies with all the requirements of this chapter and shall send
such certification to the Business Administrator.
The Business Administrator, upon receiving an
application for a massage establishment permit, shall refer the application
to the Construction Official, the Fire Department, the Police Department
and the Township Planning Department, which departments shall inspect
the premises proposed to be operated as a massage establishment and
shall make written recommendation to the Business Administrator concerning
the laws and codes that they administer.
The Business Administrator may issue a permit within 14 days following receipt of a completed application and the certifications set forth in §§ 375-6 and 375-7 above, if all requirements for a massage establishment described in this chapter are met unless he finds that:
A.
The correct permit fee has not been tendered to the
Township and in the case of a check or bank draft honored with payment
upon presentation.
B.
The operation as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited
to the building, zoning and health regulations.
C.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any
document required by the Town in conjunction therewith.
D.
The applicant has had a massage business, massage
practitioners or other similar permit or license denied, revoked or
suspended for any of the above causes by the Town or any other state
or local agency within five years prior to the date of the application.
E.
The applicant, if an individual; any of the officers
and directors or managing director, if the applicant is a corporation
or limited liability corporation; any of the partners, including limited
partners, 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, if an individual, any of the stockholders
holding more than 10% of the stock of the corporation, or any of the
officers or directors or managing directors if the applicant is a
corporation, or any of the officers or directors if the applicant
is a corporation, any of the partners including limited partners 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 a
felony, an offense involving sexual misconduct with children, prostitution,
soliciting for purpose of prostitution, pandering, keeping a place
of prostitution, any crime involving dishonesty, fraud or deceit or
other offenses opposed to decency and morality.
A.
Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
B.
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.
All employees, including massage practitioners and
employees, shall be clean and wear clean, nontransparent outergarments.
A separate dressing room for each sex must be available on the premises,
and each dressing room shall contain a tub or shower in good working
order and individual lockers for each employee and customer. Doors
to such dressing rooms shall open inward and shall be self-closing.
D.
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 a sanitary manner.
E.
The genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
practitioner.
F.
It shall be unlawful for any person knowingly, in
a massage establishment, to place his or her hand upon or to touch
with any part of his or her body, to fondle in any manner or to massage
a genital area of any other person.
G.
No massage practitioner, employee or operator shall
perform, offer or agree to perform any act which would require the
touching of the patron's sexual or genital area.
H.
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 client,
even if the client attempts to sexualize the relationship.
I.
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 after each
use. When carpeting is used on the floors, it shall be kept dry.
J.
Oils, creams, lotions and other preparations used
in administering massages shall be kept in clean, closed containers
or cabinets.
K.
Eating in the massage work areas shall not be permitted.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
L.
Each massage practitioner shall wash his or hands
in hot running water, using a proper soap or disinfectant, before
administering a massage to each patron.
M.
Insurance. All massage practitioners and massage establishments shall maintain and post proof of 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 shall be provided to the Business Administrator within 10 days of the issuance of the permit set forth in § 375-8 above.
N.
Hours of operation. The hours of operation for all
licensed business shall be between 7:00 a.m. and 10:00 p.m.
A.
All premises used by permittees hereunder shall be
subject to periodic inspections by the Health Department of the County
of Warren and Building Department or their authorized representatives
for safety of the structure and adequacy of plumbing, ventilation,
heating and illumination. The walls shall be clean and painted with
washable mold-resistant paint in all rooms where water or steam baths
are given. Floors shall be free from any accumulation of dust, dirt
or refuse. All equipment used in the massage operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for the
personal use of operators and patients shall be clean and freshly
laundered. Towels, cloths and sheets shall not be used for more than
one patron. Heavy, white paper may be substituted for sheets, provided
that such paper is changed for every patron. No massage service or
practice shall be carried on within any cubicle, room or booth or
any area within a massage establishment which is fitted with a door
capable of being locked.
B.
Nothing contained herein shall be construed to eliminate
other requirements of statute or ordinance concerning the maintenance
of premises nor to preclude authorized inspection thereof.
Any permit issued for a massage establishment
or out-call massage service may be revoked or suspended by the Town
after a hearing, for good cause or in any case where any of the provisions
of this chapter are violated, or where any employee or the permittee,
including a massage practitioner, is engaged in any condition which
violates any of the state or local laws or ordinances at the permittee's
place of business, and the permittee has actual or constructive knowledge
of such violations, or the permittee should have actual or constructive
knowledge by due diligence or any duly authorized police officer or
health inspector of the Town of Phillipsburg to inspect the premises
or the operations therein. Such permit may also be revoked or suspended
by the Town, upon the direction of the Business Administrator, that
such business is being managed, conducted or maintained without regard
for the public health or health of patrons or customers, or without
due regard to proper sanitation and hygiene.
The operator of a massage establishment or an
out-call massage service must maintain a register of all persons employed
as massage practitioners and their permit numbers. Such register shall
be available for inspection at all times during regular business hours.
The permit holder shall be responsible for all
actions which occur on the premises whether by massage practitioners,
employees, subcontractors, or other persons on the premises.
All massage establishments shall post their
massage establishment permit in the hallway entrance in a conspicuous
location at all times.
The County Health Department, the Police Department
and the Fire Department shall, from time to time, at least twice a
year, announced or unannounced, make an inspection of each massage
establishment granted a permit under the provisions of this chapter
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. It shall be unlawful for any permittee
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 advanced written permission
of their parent, caregiver or guardian or a parent, caregiver or guardian
must be 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 licensed premises.
A.
It shall be unlawful for any person to massage any
other person or give or administer any of the other things mentioned
in this chapter or which violate any municipal law, state law or ordinance.
Any violation of this chapter shall be deemed grounds for revocation
of the permit granted hereunder.
B.
Any massage practitioner engaged in massage at an
unlicensed massage establishment shall be guilty of a violation of
this chapter.
No person granted a permit 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
permit.
Massage establishment permits are not transferable,
separate or divisible, and such authority as a permit confers shall
be conferred only on the permittee named therein for the location
specified therein only.
[Amended 7-21-2015 by Ord. No. O:2015-16]
The provisions of this chapter shall not apply
to massage or physical therapy treatments given:
A.
In the office of a licensed physician, chiropractor,
physical therapist or licensed massage and bodywork therapist.
B.
In a regularly established medical center, hospital
or sanatorium having a staff which includes licensed physicians, chiropractors,
physical therapists and/or licensed massage and bodywork therapists.
C.
By any licensed physician, chiropractor, physical
therapist or licensed massage and bodywork therapist in the residence
of his or her patient.
All persons who presently operate a massage
establishment must apply for a permit within one week of the effective
date of this chapter. Applications for renewal of permits must be
filed not more than two months nor less than one month prior to termination
of an existing permit.
