[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 7-14-2008 by Ord. No. 4-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also stated
that it excluded physicians, physical therapy groups, chiropractors
and any medical group or medical support group licensed by the State
of New Jersey.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Refers to systems of activity-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 purpose 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 neural myofascial 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, male or female, who administers massage, bodywork
and/or somatic therapies for any form of consideration.
Any establishment or operation wherein massage, bodywork
or somatic therapies are administered or are permitted to be administered,
when such therapies are administered for any form of consideration.
A.
Business permit required. No person, firm or corporation
shall operate any establishment or utilize any premises in the Borough
of Hampton in Hunterdon County as or for a massage, bodywork or somatic
therapy establishment unless or until there has first been obtained
a permit for such establishment or premises from the Borough of Hampton
in accordance with the terms and provisions in this chapter.
B.
Massage, bodywork and somatic therapist 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
permit issued to him or her by the Borough of Hampton pursuant to
the provisions of this chapter.
A.
Every applicant for a permit to maintain, operate
or conduct a massage, bodywork or somatic therapy establishment or
out-call massage, bodywork or somatic therapy service shall file an
application with the Board of Health, upon forms to be provided by
the Board, and pay a fee of $500.
B.
The permit to be issued shall be valid until March
31, of the third year that the permit is in effect.
A.
Any person desiring a massage, bodywork or somatic
therapy business permit shall file a written application with the
Board of Health, on a form to be furnished by the Board.
B.
The applicant shall accompany the application with
a tender of correct fee as hereinafter provided and shall, in addition,
furnish the following:
(1)
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
(2)
The name, style and designation under which the business
is to be conducted.
(3)
The business address and all telephone numbers, including
facsimile, where business is to be conducted.
(4)
A complete list of the names and addresses of all
massage, bodywork and somatic therapists and employees in the business
and the name and residence address of the manager or other person
principally in charge of the operation of the business.
(5)
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,
if the applicant is a corporation; 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:
(a)
The name, complete residence address and residence
telephone number.
(b)
The two previous addresses immediately prior
to the present address of the applicant.
(c)
Written proof of age.
(d)
Height, weight, sex and color of hair and eyes.
(e)
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.
(f)
The massage therapy or similar business history
and experience, including but not limited to whether or not such a
person has previously operated in this or another city or state under
a 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.
(g)
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.
(6)
The names and addresses of three adults who will serve
as character references. These references must be persons other than
relatives and business associates.
A.
The Board of Health, upon receiving an application
for a massage, bodywork or somatic therapy establishment permit, shall
refer the application to the Construction Official, the Fire Department,
and the Police Department. These departments, along with the Board
of Health, shall inspect the premises proposed to be operated as a
massage establishment and shall make written recommendations to the
Board concerning compliance with the codes that they administer.
B.
No massage, bodywork or 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
Official, and Fire Inspector reveals that the establishment complies
with the minimum requirements of the building and health codes for
businesses operating in the Borough of Hampton.
C.
The floor plans for the proposed facility must be
submitted to the Board of Health as part of the application so they
can be reviewed and approved by the Board of Health and so that the
Board of Health can advise the applicant of potential problems prior
to the opening of the business.
A.
To be eligible for a permit as a massage, bodywork
and somatic therapist, an applicant shall submit satisfactory evidence
of:
(1)
Successful completion of a minimum of 500 hours in-class
study in the field of massage, bodywork or somatic therapy; or
(2)
Successful completion of the written examination offered
by the National Certification Board for Therapeutic Massage and Bodywork.
(3)
Proof of licensure by the State of New Jersey as is
now required by N.J.A.C. 13:37-16.1 and compliance with all provisions
of the state regulations governing massage therapy.
B.
The following information concerning the application
will also be required:
(1)
The name, complete residence address and residence
telephone number.
(2)
The two previous addresses immediately prior to the
present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and 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 a person
has previously operated in this or another city or state under a 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 Police Department.
(8)
The names and addresses of three adults who will serve
as character references. These references must be persons other than
relatives and business associates.
C.
Applicants for massage therapy licensure, as well
as those applying to operate a massage therapy business, are required
to appear before the Borough of Hampton Board of Health prior to the
issuance of said license and/or permit, so that the Board of Health
may review all of the information submitted with the application in
order to determine if the applicant qualifies for the issuance of
said license and/or permit, and the Board of Health will have the
final review and will decide whether or not to approve or disapprove
the issuance of the license and/or permit.
The applicant for a massage, bodywork or somatic
therapist's license shall pay a permit fee of $100, which permit shall
be valid until March 31 of the third year that the permit is in effect.
The massage, bodywork or somatic therapy establishment
shall display its permit and that of each and every massage, bodywork
or somatic therapist employed in the establishment in an open and
conspicuous place on the premises of the establishment.
A.
Every portion of the massage, bodywork or somatic
therapy establishment, including appliances and apparatus, shall be
kept clean and operated in a sanitary condition.
B.
Prices and 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, bodywork or 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 be self-closing. If the dressing room
is also used as the therapy/massage room, then adequate procedures
shall be in place to safeguard the privacy of the client. In no case
shall these doors be locked when both a client and any employee are
present.
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.
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 in a massage establishment
to knowingly 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.
G.
No massage, bodywork or 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.
H.
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
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.
I.
Oils, creams, lotion and other preparations used in
administering massage, bodywork or somatic therapies shall be kept
in clean, closed containers or cabinets.
J.
Animals, except for Seeing Eye dogs, shall not be
permitted in the massage work area.
K.
Each massage, bodywork and somatic therapist shall
wash his or her hands in hot running water, using proper soap or disinfectant,
before administering a massage, bodywork or somatic therapy to each
patron.
The Board of Health, and/or the Construction
Official and Police Department, shall, from time to time, at least
twice a year, make an inspection of each massage, bodywork or somatic
therapy 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 inspection 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 part of any quarters of any massage, bodywork
or somatic therapy establishment shall be used for or connect with
any bedroom or sleeping quarters, nor shall any person sleep in such
massage, bodywork or somatic therapy establishment except for limited
periods incidental to and directly related to a massage, bodywork
or somatic therapy treatment or both. This provision shall not preclude
the location of a massage, bodywork or somatic therapy establishment
in separate quarters of a building housing a hotel or other separate
businesses or clubs.
A.
No owner or manager of a massage, bodywork or somatic
therapy establishment shall tolerate in his establishment any activity
or behavior prohibited by the laws of the State of New Jersey, particularly
but not exclusive of 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;
laws relating to the commission of adultery, and laws proscribing
fornication; nor shall any owner or manger tolerate in his or her
establishment an activity or behavior which violates this chapter.
B.
Upon any conviction of a massage, bodywork or somatic
therapy establishment of a violation of the aforementioned state statutes
or this chapter, the required establishment permit will be automatically
revoked.
C.
Upon any conviction of a massage, bodywork or somatic therapist of a violation of the aforementioned state statutes or this chapter, the required therapist permit will be automatically revoked. In addition, the permit of the establishment employing the convicted therapist shall be suspended pending an appearance before the Borough of Hampton Board of Health as provided in § 166-6C above for a determination on whether the establishment's permit should be revoked.
Any person violating the provisions of this
chapter shall, upon conviction, be punished by a fine not exceeding
$2,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days, in the discretion of the
court.
