For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Refers to 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 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.
[Amended 12-21-2009 by Ord. No. 2009-18; 2-22-2011 by Ord. No.
2011-1]
Every applicant for a permit to maintain, operate
or conduct a massage, bodywork or somatic therapy establishment or
outcall massage, bodywork or somatic therapy service shall file an
application with the Borough Clerk upon a form provided by said Clerk
and pay an annual fee of $115.
Any person desiring a massage, bodywork or somatic
therapy business permit shall file a written application with the
Borough Clerk on a form to be furnished by the Borough Clerk. The
applicant shall accompany the application with a tender of correct
fee as hereinafter provided.
The Borough Clerk, upon receiving an application
for a massage, bodywork or somatic therapy establishment permit, shall
refer the application to the Building Department, the Fire Department,
the Police Department, the Health Department and the Zoning Officer,
which departments may inspect the premises proposed to be operated
as a massage establishment and make written recommendations to the
Borough Clerk concerning compliance with the codes that they administer.
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, Building Inspector 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 Metuchen.
[Amended 12-21-2009 by Ord. No. 2009-18; 2-22-2011 by Ord. No.
2011-1]
The applicant for a massage, bodywork and somatic
therapist's license shall pay an annual permit fee of $58, which permit
fee shall become due on the first day of January each year.
The massage, bodywork or somatic therapy establishment
shall display his/her permit and that of each and every massage, bodywork
and somatic therapist employed in the establishment in an open and
conspicuous place on the premises of the establishment.
The Department of Health and/or the Building
Department and/or Zoning Officer shall, from time to time, at least
once 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 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 part of any quarters of any massage, bodywork
or somatic therapy establishment shall be used for or connected 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 bath. 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.
Any person violating the provisions of this
chapter shall, upon conviction, be punished by imprisonment for a
term not to exceed 90 days or by a fine not exceeding $1,000, or both,
in the discretion of the Court.