[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 4-2-2009 by Ord. No. 17-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 179.
Zoning — See Ch. 242.
Animals — See Ch. 248.
Body art establishments — See Ch. 249.
Sanitary Code — See Ch. 274.
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 AND SOMATIC THERAPIST
Any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration.
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.
A. 
Business permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Hopatcong in Sussex 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 Hopatcong in accordance with the terms and provision 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 Hopatcong pursuant to the provisions of this chapter.
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.
(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.
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.
A. 
The Municipal Clerk's office, 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 Clerk/Administrator, shall inspect the premises proposed.
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 Police Department, Construction Officer, and/or Fire Inspector reveals that the establishment complies with the minimum requirements of the building and health codes for businesses operating in the Borough of Hopatcong.
C. 
The floor plans for the proposed facility must be submitted to the Municipal Clerk's office as part of the application so they can be reviewed and approved by the Clerk/Administrator and so that the Clerk/Administrator can advise the applicant of potential problems prior to the opening of 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-fact 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 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.
(7) 
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 Clerk/Administrator prior to the issuance of said license and/or permit so that the Clerk/Administrator 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 Clerk/Administrator will have the final review and will decide whether or not to approve or disapprove the issuance of the license and/or permit.
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.
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 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 knowingly, in a massage 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.
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, lotions 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 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.
A. 
No owner or manager of a massage, bodywork or somatic therapy establishment shall tolerate in his or her 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; relating to the commission of adultery; and 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 Clerk/Administrator as provided in § 150-6C 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 imprisonment for a term not exceeding 90 days or by a fine not exceeding $2,000, or both, in the discretion of the court.