For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
HEALTH CLUB
Any establishment which offers service in the form of massage,
baths, exercises or similar services in combination to club members
of the establishment or to the public at large for a charge. A charge
shall include any fee or sum which may be charged either for the services
to be performed or for membership in or entry into the establishment.
The term "health club" does not include hospitals, nursing homes,
medical clinics, or the offices of a physician, surgeon, osteopathic
physician or chiropractor. The term "health club" does not include
an exercise club exclusively for clientele of one sex alone where
the services do not include any form of massage, bodywork or somatic
therapy and are performed by persons of the same sex as the member
or clientele. The term further does not include barbershops and beauty
parlors.
MASSAGE, BODYWORK AND SOMATIC THERAPY
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 or use of visual, kinesthetic,
auditory or palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork 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 applications;
external application of herbal or topical preparations not classified
as prescription drugs; explaining and describing myofascial movement,
self-care and stress management as it relates to massage, bodywork
and somatic therapies. "Massage" shall also include any activity wherein
there is the application of oil rubs or powder along with pressure
on any portion of the body of the patron. For purposes of this chapter
the term "massage" shall be liberally construed to effectuate its
purpose and intent.
MASSAGE PRACTITIONER
A person who practices any one or more of the activities
described above, including any person formerly referred to as a "masseur"
or "masseuse."
It is hereby declared that the business of operating health clubs as defined in this chapter and the business of providing any of the services referred to in §
295-1 supra are businesses affecting the public health, safety and general welfare.
It shall be unlawful for any person, either individually or
through any type of business entity, to engage in the business of
a health club without first obtaining and thereafter maintaining the
permit required pursuant to this chapter. It shall be unlawful for
any person, including an owner or manager of a health club, to render
any services in the form of massage, bodywork or somatic therapy without
first obtaining and thereafter maintaining the permit required herein
for a massage practitioner. It shall, further, be unlawful for any
person to violate any provision of this chapter.
The following fees shall be as set forth in Chapter
235, Article
IV, Fee Schedule:
A. Health club application fee. With the application, the applicant
shall submit a nonrefundable application fee by way of check or money
order payable to the Borough of Lodi.
B. Health club permit fee. Upon being advised by the Borough Clerk of
the approval of the health club permit application, and as a prerequisite
to the issuance of a health club permit, the applicant shall pay the
permit fee by way of check or money order payable to the Borough of
Lodi.
C. Massage practitioner application fee. With the application, the applicant
shall submit a nonrefundable application fee by way of check or money
order payable to the Borough of Lodi.
D. Massage practitioner permit fees. Upon being advised by the Borough
Clerk of the approval of the massage practitioner application, and
as a prerequisite to the issuance of a massage practitioner permit,
the applicant shall pay the permit fee by way of check or money order
payable to the Borough of Lodi.
Each permit issued pursuant to this chapter whether a health
club permit or a massage practitioner permit shall be valid for a
period of one year from the date of issuance. No rights are afforded
any applicant for any period after the expiration date of any permit
issued hereunder. In order to prevent any interruption in continued
services for a permittee, it shall be the responsibility of such permittee
to renew his/her application no sooner than 60 days and no later than
45 days prior to the expiration date of the existing permit. Each
applicant is reminded that the Borough of Lodi will not send reminder
notices to permittees and will not be responsible for any interruption
of services occasioned by a late filing for renewal. The renewal process
for any permit issued under this chapter shall be the filing of a
new application in its entirety, including fingerprinting and payment
of all applicable fees described herein. All provisions of this chapter
shall apply to renewals in the same manner as they apply to applications
for and granting of initial permits.
The following conditions shall be applicable to all permits
issued pursuant to this chapter:
A. Display. A health club permit issued hereunder must be prominently
displayed at all times within the reception area of the establishment,
readily visible to persons entering the establishment. All massage
practitioner permits issued hereunder shall similarly be so displayed.
It shall be unlawful and a violation of this chapter for any person
to purport to hold a valid permit when he/she does not, in fact, hold
the same. It shall likewise be an automatic cause for revocation of
any permit issued hereunder should it not be displayed as required.
B. Sanitation and hygiene.
(1) All equipment, shower stalls, toilets, lavatories, tables and floors,
except in a reception or administrative area, shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary
condition at all times.
(2) Health, plumbing, electric and other inspectors shall be given access
to any part of the quarters of the health club establishment for purposes
of inspection at all reasonable times.
(3) No health club shall knowingly serve any patron infected with any
fungus or any skin infections, nor shall service be performed on any
patron exhibiting skin inflammation or eruptions, provided that a
duly licensed physician may certify that a person may be safely served
prescribing the conditions thereof. No services shall be performed
on a patron exhibiting such conditions until such written certification
is provided.
(4) All personnel shall wash their hands in hot running water, using
a proper soap or disinfectant, before giving any service or treatment
to each separate patron.
(5) All towels and tissues and all sheets or other coverings shall be
used singularly for each patron and discarded for laundry or disposal
immediately after use.
(6) Nondisposable tools of the trade shall be disinfected after use upon
one patron.
(7) No services shall be performed for purposes of sexual stimulation
or gratification.
(8) Any inspector seeking access for purposes of inspection shall, upon
presentation of credentials, be given immediate access to the establishment.
C. Miscellaneous.
(1) No food or beverage shall be sold or permitted to be distributed
within a health club.
(2) A health club shall not be combined with any other type business,
and no entertainment of any type shall be permitted.
(3) All massage practitioners rendering services shall be fully attired
in appropriate and clean uniforms displaying their name and reflecting
that he/she is a licensed massaged practitioner.