[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 12-20-2005 by Ord. No. 2005-27. Amendments noted
where applicable.]
The following words, terms and phrases, when
used in this chapter, shall have the meanings described to them in
this section, except where the context clearly indicates a different
meaning:
Any 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 technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, disease, impairment
or disability.
Any person certified pursuant to the provisions of the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53
et seq.
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are permitted to be administered, when
such therapies are administered for any form of consideration.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No.
2013-3]
A.
Massage, bodywork and somatic therapy establishment
permit required. No person, firm, corporation or other business entity
shall operate any establishment or utilize any premises in the Borough
of Chester as or for a massage, bodywork and somatic therapy establishment
unless or until there has first been obtained a permit for such establishment
or premises from the Borough of Chester in accordance with the terms
and provisions of this chapter.
B.
Massage, bodywork and somatic therapist's permit required.
No person shall practice massage or related therapies as a massage,
bodywork or somatic therapist, employee or otherwise, unless he or
she has a valid and subsisting massage, bodywork and somatic therapist's
license issued to him or her by the State of New Jersey pursuant to
the Massage, Bodywork and Somatic Therapist Certification Act, P.L.
1999, c.19, as amended by P.L. 2007, c.337 (N.J.S.A. 45:11-53 et seq.).
Any person desiring a massage, bodywork and
somatic therapy establishment permit shall file a written application
with the Borough Clerk upon a form to be furnished by the Borough
Clerk. The application form shall contain the following information:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B.
The name, style and designation under which the business
is to be conducted.
C.
The business address and all telephone numbers, including
facsimile, where business is to be conducted. If leasing the business
premises, the name, business address and all telephone numbers, including
facsimile, shall be provided together with a copy of the lease agreement
for the premises.
[Amended 5-15-2007 by Ord. No. 2007-9]
D.
A complete list of the names and residence addresses
of all massage, bodywork and somatic therapists and employees of the
business and the names and residence addresses of the managers or
other persons principally in charge of the operation of the business.
[Amended 5-15-2007 by Ord. No. 2007-9]
E.
A sworn statement indicating that all massage, bodywork
and somatic therapists employed or to be employed by the establishment
or otherwise permitted to work at the establishment have been certified
by the State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, N.J.S.A. 45:11-53 et seq. (P.L. 1999,
c. 19).
F.
The following personal information concerning the
applicant, if an individual; concerning each stockholder or member
holding any direct or indirect interest in the corporation or other
business entity (affiliate), each officer, director or member, if
the applicant is a corporation or other business entity; concerning
the partners, including limited partners, if the applicant is a partnership;
and concerning the manager or other person principally in charge of
the operation of the business shall be provided:
[Amended 5-15-2007 by Ord. No. 2007-9]
(1)
The name, complete residence address and residence
telephone number.
(2)
The two years' previous address history immediately
prior to the present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex, color of hair and eyes.
(5)
Two front-face portrait photographs taken within 30
days of the date of the application and at least two inches by two
inches in size.
(6)
The massage therapy or similar business history and
experience, including but not limited to whether or not such person
has previously operated in this or another municipality 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 or 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 Borough Police Department. Failure to execute
such a waiver and consent shall result in a denial of a permit. An
establishment permit shall be denied to any person or affiliate who
has been convicted of any crime or disorderly persons offense other
than traffic violations.
[Amended 4-6-2013 by Ord. No. 2013-3]
G.
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.
Every applicant for a permit to maintain, operate
or conduct a massage, bodywork and somatic therapy establishment shall
file an application with the Department of Health, upon a form to
be furnished by said Department, and pay an annual fee of $100, which
permit fee shall become due on the first day of January each year.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No.
2013-3]
The Department of Health, upon receiving an
application for a massage, bodywork and somatic therapy establishment
permit, shall refer the application to the Building Department, Fire
Department, Police Department and Zoning Department and shall inspect
the premises proposed to be operated as such an establishment and
shall make written recommendations to the Borough Clerk concerning
compliance with the codes that they administer. No massage, bodywork,
and somatic therapy establishment shall be issued a permit or be operated,
established or maintained in the Borough unless an inspection by the
Health Officer, Construction Code Official and Fire Inspector reveals
that the establishment complies with the minimum requirements of the
Building and Health Codes for a business operating in the Borough
of Chester. In addition, the establishment must comply with each of
the following minimum requirements:
A.
All massage
tables, rest rooms, bathtubs, shower stalls, steam areas and floors
shall be constructed of material with surfaces which may be readily
disinfected and shall be maintained in a sanitary condition and regularly
cleaned and disinfected.
B.
Adequate
private dressing and rest room facilities shall be provided for the
patrons and employees during all business hours.
C.
The premises
shall have adequate equipment to and shall disinfect and sterilize
nondisposable instruments and materials used in administrating massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
D.
Adequate
hand-washing facilities shall be provided at convenient locations
as necessary to maintain clean hands and arms of all employees during
hours of operation. Hand sinks shall be provided with hot and cold
water capable of delivering running water under pressure and at temperature
of 90° to 110° F. Hand sinks shall be supplied with liquid
soap and disposable hand towels at all times.
E.
Water closets,
rest rooms and lavatories shall be in conformance with the regulations
set forth in the New Jersey Uniform Construction Code (N.J.A.C. 5:23).
A.
With the exception of massage, bodywork and somatic
therapists who are certified pursuant to N.J.S.A. 45:11-53 et seq.
(P.L. 1999, c. 19), all applicants seeking a permit under this chapter
shall be fingerprinted by the Borough of Chester Police Department.
The Borough of Chester Police Department shall fingerprint such applicants
on Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m.,
or as otherwise determined by the Borough of Chester Police Department.
The applicant shall pay the fee charged by the New Jersey State Police
to the Police Department for the cost of fingerprinting.
B.
When said application is properly filled out, signed
by the applicant, and has been filed with the Borough Clerk with all
accompanying information, the application shall be referred by the
Clerk to the Borough Police Department. The Chief of Police or his
or her designee shall investigate the information available and shall
approve or disapprove the application within 90 days. If the result
of such investigation(s) of the applicant’s character or business
responsibility is found to be unsatisfactory or that the issuance
of a permit to the applicant would present a danger to the public
health, safety or welfare, the Chief of Police shall list the reasons
for disapproval in writing and shall return the application to the
Borough Clerk who shall notify the applicant of the denial of the
permit. If the results of the investigation are satisfactory, the
application shall be returned to the Borough Clerk who shall issue
the permit to the applicant.
A.
Permits issued under this chapter may be revoked by
the Health Officer, Zoning Officer or Borough Council, after notice
and a hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the
application for the permit.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the permitted business in the Borough.
(3)
Any violation of this chapter.
(4)
Conviction by the owner or employee of a crime involving
moral turpitude, a felony, an offense involving sexual misconduct,
keeping or residing in a house of prostitution, and any crime involving
dishonesty.
(5)
Conducting the permitted business in the Borough in
an unlawful manner or in such a manner as to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing for the revocation of a permit
shall be given in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be given personally or mailed to the permittee at his/her last
known address at least five days prior to the date set for the hearing.
C.
Such permit may, pending revocation proceedings, be
suspended for not more than 10 days by the Chief of Police, Health
Officer or Borough Council, or their designee, if it is their opinion
the conduct of the permittee is detrimental to the health, safety
and general welfare of the Borough of Chester.
D.
The Chief of Police, Health Officer, Zoning Officer,
or their designee, or such individual as shall be designated by the
Borough Council, shall serve as the hearing officer for any hearing
pursuant to this section.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No.
2013-3]
Every massage, bodywork, and somatic therapy
establishment shall comply with the following:
A.
Every portion of the massage, bodywork and somatic
therapy establishment, including appliances and apparatus, shall be
kept clean and operated in a sanitary condition. Massage tables shall
be maintained in good condition and free of rips and tears.
B.
Price rates for all services shall be prominently
posted (brochures or price lists) in the reception area in a location
available to all prospective patrons.
C.
All employees, including massage, bodywork and somatic
therapists, shall be clean and wear clean, nontransparent outer garments.
Dressing rooms must be available on the premises. Doors to such dressing
rooms shall open inward and shall be self-closing without locks.
D.
All massage, bodywork and somatic therapy 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. Soiled linens and draping materials shall be
either commercially laundered or washed on-site in a clothes washing
machine in hot water with detergent and bleach or an antibacterial
agent, and dried on the high heat setting in a clothes dryer. Linens
used in the establishment may not be laundered in a private home.
Soiled linens shall be stored in closed containers.
E.
The sexual or genital area of patrons must be covered
by towels, cloths or undergarments when in the presence of an employee
or massage, bodywork or somatic therapist.
F.
It shall be unlawful for any person knowingly, in
a massage, bodywork and somatic therapy establishment, to place his
or her hand upon or touch with any part of his or her body, to fondle
in any manner or to massage a sexual or genital area of any other
person. No massage, bodywork and somatic therapist, employee or operator
shall perform or offer to perform any act which would require the
touching of the patron's sexual or genital area.
G.
All walls, ceilings, floors and all other physical
facilities and surfaces 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 compartments and toilet rooms
shall be thoroughly cleaned each day the business is in operation.
Bathtubs and shower stalls shall be thoroughly cleaned after each
use. When carpeting is used on the floors, it shall be kept dry, clean
and sanitary.
H.
Oils, creams, lotions and other preparations used
in administering massage, bodywork and somatic therapies shall be
kept in clean closed containers or cabinets.
I.
Animals, except for Seeing eye dogs, shall not be
permitted in the massage work area.
J.
Each massage, bodywork and somatic therapist shall
wash his or her hands in hot running water, using a proper soap or
disinfectant, before administering a massage, bodywork or somatic
therapy to a patron.
[Amended 4-6-2013 by Ord. No. 2013-3]
The Department of Health, Police Department
and/or the Building Department shall, from time to time, at least
twice a year, make an inspection of each massage, bodywork and somatic
therapy establishment granted a permit under the provisions of this
chapter for the purpose of determining whether the provisions of this
chapter are being 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. The operator
of any establishment permitted pursuant to this chapter shall allow
access for inspection to all parts of the establishment and all pertinent
records shall be made available to the Health Officer or designee
for review.
[Amended 5-15-2007 by Ord. No. 2007-9]
No part of any quarters of any massage, bodywork
and somatic therapy establishment shall be used for or connected with
any bedroom or sleeping quarters nor shall any person sleep in such
massage, bodywork and somatic therapy establishment except for limited
periods incidental to and directly related to a massage, bodywork
or somatic therapy treatment. This provision shall not preclude the
location of massage, bodywork and somatic therapy establishment in
separate quarters of a building housing a hotel or other separate
businesses or clubs.
A.
An owner or manager of a massage, bodywork and somatic
therapy establishment shall be responsible for and shall not permit
or tolerate in his or her establishment any activity or behavior prohibited
by the laws of the State of New Jersey, particularly, but not limited
to, laws proscribing prostitution, indecency and obscenity, including
the sale, uttering or exposing and public communication of obscene
material; laws which relate to the commission of sodomy, adultery
and proscribing fornication, nor shall any owner or manager tolerate
in his or her establishment any activity or behavior which violates
this chapter.
[Amended 5-15-2007 by Ord. No. 2007-9]
B.
Any conviction of any employee of a massage, bodywork
and somatic therapy establishment of a violation of the aforementioned
statutes and codes shall devolve upon the owner or manager of such
establishment, it being specifically declared that following such
conviction of an employee, the owner or manager of the establishment
shall be prosecuted as an accessory to such violation, and the permits
which have been issued shall be automatically revoked.
The provisions of this chapter shall not apply
to massage, bodywork or somatic therapies given:
A.
In the office of licensed physician, chiropractor
or physical therapist; or
B.
By a regularly established medical center, hospital
or sanatorium having a staff which includes licensed physicians, chiropractors
and/or physical therapists; or
C.
By any licensed physician, chiropractor or physical
therapist in the residence of his or her patient; or
D.
By a licensed barber or cosmetologist/hairstylist
limited to the areas of the face, neck, scalp or upper part of the
body as set forth in the Cosmetology and Hairstyling Act of 1984,
N.J.S.A. 45:5B-1 et seq.
[Added 4-6-2013 by Ord. No. 2013-3]
The licenses issued under this chapter may be immediately suspended
by the Chief of Police, or designee, for the following reasons:
[Added 4-6-2013 by Ord. No. 2013-3]
The massage, bodywork and somatic therapy establishment shall
display its permit as well as the New Jersey license of each and every
massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place in the reception area of the establishment.
[Added 4-6-2013 by Ord. No. 2013-3]
Any owner whose permit has been revoked pursuant to the provision of this chapter may apply to be relicensed upon filing of proof that all acts or omissions for which the permit was revoked have been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with. If relicensing is approved, the license may be issued upon payment of the licensing fee as set forth in Chapter 127 of the Borough Code.
[Added 4-6-2013 by Ord. No. 2013-3]
Whenever notice is required or permitted to be given by this
chapter, such notice may be effected by personal service upon the
permittee, if an individual, or any general partner, if a partnership,
or upon any corporate officer, if a corporation, or, alternatively,
to any of the foregoing, by certified mail, return receipt requested,
to the last address listed in the Borough Clerk’s office in
conjunction with the establishment’s permit information. It
shall be the duty of each permittee to keep the Borough advised of
any subsequent change of address. Upon failure of the permittee to
comply with this requirement, any notice returned with the notation
"unknown," "moved," or "not claimed" shall be deemed proper service
of all noticed required by this chapter.
[Amended 4-6-2013 by Ord. No. 2013-3]
In addition to the revocation or suspension of the permit granted under this chapter, any person who violates any provision of this chapter shall, upon conviction hereof, be punished by imprisonment for a term not to exceed 90 days and/or by a fine not to exceed $2,000 or by a period of community service not to exceed 90 days, at the discretion of the Court pursuant to § 1-17 of the Borough Code.
