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 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.
MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT
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.
This definition does not include physicians, physical therapy groups,
chiropractors, and any other such medical group or medical support
group licensed by the State of New Jersey.
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 Municipal Clerk's office upon forms to be provided by the
Clerk/Administrator and pay a fee of $500. The permit to be issued
shall be valid until March 31 of the third year that the permit is
in effect.
Any person desiring a massage, bodywork or somatic therapy business
permit shall file a written application with the Municipal Clerk's
office on a form to be furnished by the Clerk/Administrator. The applicant
shall accompany the application with a tender of correct fee as hereinafter
provided and shall, in addition, furnish the following:
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.
D. 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.
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, 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:
(1) The name, completed residence address and residence telephone number.
(2) The two previous addresses immediately prior to the present address
of the applicant.
(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.
F. The names and addresses of three adults who will serve as character
references. These references must be persons other than relatives
and business associates.
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 his/her 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.
The Municipal Clerk's office, and/or the Building Department
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 in separate quarters of a building housing a hotel or other separate
business or clubs.
Any person violating the provisions of this chapter shall, upon
conviction, be punished by imprisonment for a term not exceeding 90
days or by a fine not exceeding $2,000, or both, in the discretion
of the court.