[HISTORY: Adopted by the Township Council of the Township
of Bridgewater 12-7-2009 by Ord. No. 09-16.[1] Amendments noted where applicable.]
A.
The purpose of this chapter is to provide for the licensing of massage
therapists and the registration of massage establishments in accordance
with the requirements and criteria set forth hereinafter and to provide
for the regulation thereof pending the adoption, by the New Jersey
Board of Massage and Bodywork Therapy established pursuant to Section
14 of the Act, of rules regulating the practice of massage and bodywork
therapies in accordance with the Massage and Bodywork Therapist Licensing
Act of 2008.[1]
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B.
No person shall own a business for the purpose of providing a massage
service, be engaged or employed as a massage practitioner or therapist
for whom any form of compensation is charged or accepted without the
massage practitioner or therapist having first obtained a license
from the Township and the massage establishment having first obtained
registration from the Township.
For the purpose of this chapter, certain words and terms herein
are defined as follows:
Either a person who is certified by the State of New Jersey
to provide massage, bodywork and somatic services pursuant to the
Massage, Bodywork, and Somatic Therapist Certification Act of 1999[1] or a person who has obtained a massage therapist license
pursuant to this chapter.
Any person other than a massage practitioner who renders
any service in connection with the operation of a massage business
and receives compensation from the operator of the business or patrons.
A registered environmental health specialist, health officer
or authorized designee representing the New Jersey Department of Health
and Senior Services or the Bridgewater Township Health Department
or Somerset County Health Department.
Refers to systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, and mobilizing
soft tissue of the body by manual technique and the use of visual,
kinesthetic, auditory and palpating skills to assess the body for
the 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, the use of moist hold and cold external
applications, external applications of herbal or topical preparations
not classified as prescription drugs, movement and neural myofascial
education and education in self-care and stress management.
Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in, carries
on, or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage, bodywork, or somatic therapies."
A person, whether or not certified by the State of New Jersey,
who provides massage, bodywork or somatic therapy as defined by this
chapter.
Any person who receives a massage or associated therapy under
such circumstances that it is reasonably expected that he or she will
pay money or give other consideration therefor.
Any individual, copartnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
of character.
The owner and/or operator of a massage, bodywork, or somatic
therapy establishment.
Genitals, anus or perineum of any person, or the breasts
or vulva of a female.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
No person shall operate a massage, bodywork or somatic therapy establishment in the Township without obtaining from the Township Health Department a massage establishment registration document. The registration to operate shall not be transferable, must be renewed annually, and shall continue in force until the last day of the 12th month following the issuance of the license, unless removed, and subject to revocation and/or suspension in accordance with § 138-12. The person operating a massage establishment shall prominently display licenses issued by the Township.
No person, other than a person certified by the State of New
Jersey pursuant to the Massage, Bodywork, and Somatic Therapist Certification
Act of 1999[1] shall work as a massage therapist practitioner in the
Township without first obtaining from the Township Health Department
a massage therapist practitioner license, which shall be in the form
of a photo identification card issued by the Township Police Department.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
A.
The Department of Health may refer the application to other Township
departments, which departments may inspect and, if inspected, make
written recommendations.
B.
No massage, bodywork or somatic therapy establishment shall be issued
a registration or be operated, established or maintained in the Township
unless an inspection by the Health Officer, Building Inspector, and
Fire Official reveals that the establishment complies with the minimum
requirements of the building and health codes for businesses operating
in the Township of Bridgewater.
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 concerns prior to the opening
of the business.
A.
Massage establishment. No such registration shall be issued to any
person(s):
(1)
Under 18 years of age.
(2)
Convicted of a crime of moral turpitude or any sex-related offenses.
(3)
Unless the person is in compliance with the standards and applicable
laws, if any, pertaining to massage therapy as regulated by the New
Jersey Department of Community Affairs and/or the Department of Law
and Public Safety.
(4)
Unless the applicant completes a comprehensive written application,
in a form to be provided by the Police Department, which application
is to include photographing and fingerprinting by the Police Department,
and prior residence and employment of the last 10 years, to include
addresses and points of contact.
(5)
Unless an initial registration fee of $150 is paid to the Township
of Bridgewater. An additional fee will be charged for State Police
fingerprinting, made payable to New Jersey State Bureau of Investigation.
(6)
Unless that person has disclosed the funding source for opening the
establishment and all parties who hold an interest in the establishment
of 10% or greater.
B.
Massage therapist practitioner. No such license shall be issued to
any person:
(1)
Under the age of 18.
(2)
Convicted of a crime of moral turpitude or any sex-related offenses.
(3)
Unless documentary proof is submitted establishing the applicant's
satisfactory completion of a course of massage therapy with a minimum
of 500 hours in a school recognized by the Department of Education
or that person is a member of a nationally recognized massage therapy
association.
(4)
Unless that person is in compliance with the standards and applicable
laws pertaining to massage therapy as regulated by the New Jersey
Department of Community Affairs.
(5)
Unless documentary proof of liability insurance is submitted.
(6)
Unless the applicant provides an affidavit from a duly licensed physician
of the State of New Jersey establishing that the applicant is free
from communicable and contagious diseases, within 30 days of the date
of application.
(7)
Unless the applicant completes a comprehensive written application,
in a form to be provided by the Township Police Department to include
among other things a description of the applicant to include photographing
and fingerprinting and prior residence and employment of the last
10 years to include addresses and points of contact.
(8)
Unless an annual license fee of $60 per massage therapist is paid
to the Township of Bridgewater.
C.
Owner/operator of a massage establishment functioning as a massage
therapist practitioner. If the owner(s) and/or operator(s) of the
massage establishment wishes to also engage in the services performed
by a massage therapist, such owner or operator either must be certified
by the State of New Jersey pursuant to the Massage, Bodywork, and
Somatic Therapist Certification Act of 1999[1] or must first obtain a massage therapist practitioner license from the Township Health Department in accordance with the requirements of § 138-5B hereinabove.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
Every registration and license shall be displayed in a conspicuous
place within the massage establishment so that persons entering the
premises may readily see same. Every registration and license issued
pursuant to this chapter shall include a photograph of the person
to whom the license is issued.
A.
Massage establishment. Every massage establishment registration issued
pursuant to this chapter shall expire December 31 of each calendar
year or unless sooner suspended or revoked and may be renewed upon
compliance with the registration requirements above, except that the
renewal fee shall be $100 annually.
B.
Massage therapist practitioner. Every massage therapist practitioner
license issued pursuant to this chapter shall expire December 31 of
each calendar year or unless sooner suspended or revoked and may be
renewed upon compliance with the licensure requirements above.
All massage establishments that are operated in the Township
shall comply with the following sanitation and hygiene standards:
A.
All equipment, shower stalls, toilets, lavatories, and any other
such appliances of the establishment shall be regularly treated with
disinfectants and shall be maintained in a clean and sanitary condition
at all times.
B.
Uniform Construction Code officials, Health Authority, fire prevention
officials, plumbing, electric and building inspectors shall be given
access to any part of a massage and/or somatic therapies business
for the purposes of inspection at all times the establishment is open
for operation. Refusal to permit entry by any of the above officials
or obstruction of any investigation shall be grounds for revocation
of license.
C.
No massage and somatic therapies business shall knowingly serve any
patron infected with fungus or other 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.
D.
All personnel shall wash their hands in hot running water, using
liquid hand soap and disinfectant directly before and after giving
any service or treatment to each separate patron.
E.
All personnel, including massage therapist practitioners, shall wear
clean, nontransparent garments, covering the sexual and genital areas.
F.
Nondisposable tools and instruments shall be disinfected with recognized
and approved agents after use upon any patron.
G.
The sexual or genital area of patrons must be covered by towels or
undergarments when in the presence of an employee or massage therapist.
H.
It shall be unlawful for any person, knowingly, in a massage establishment,
to place his or her hand upon, to touch with any part of his or her
body, or to fondle in any manner a sexual or genital area of any other
person.
I.
No massage therapist, employee or operator shall perform, offer or
agree to perform, any act which would require the touching of the
patron's genital area.
J.
Price rates for all services shall be prominently posted in the reception
area and in each massage room in a location available to all prospective
customers. Such posting shall include a statement as follows: "Pursuant
to the ordinance of the Township of Bridgewater: The genital areas
of all customers shall be covered at all times when in the presence
of an employee or massage therapist. No employee or massage therapist
shall touch or fondle in any manner the sexual or genital area of
any person. Any person or customer violating this ordinance shall
be subject to prosecution under this and applicable state law."
K.
All massage, bodywork and somatic therapy establishments shall provide
clean laundered sheets and towels which shall be laundered after each
use thereof and stored in a sanitary manner.
L.
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 floors, it shall be kept dry.
M.
Oils, creams, lotions and other preparations used in administering
massage, bodywork or somatic therapies shall be kept in clean closed
containers or cabinets when not in use.
N.
Animals, except for Seeing Eye or similar service dogs, shall not
be permitted in the massage work area.
No part of any quarters of any massage, bodywork, or somatic
therapies business shall be used for or connected with any bedroom
or sleeping quarters, nor shall any person sleep in such massage,
bodywork, or somatic therapies business except for limited periods
incidental to and directly related to a massage or bath. This provision
shall not preclude the location of a massage, bodywork, or somatic
therapies business in separate quarters of a building housing a hotel
or other separate businesses or clubs.
A.
The conviction of any applicant, registrant or licensee of any criminal
offense, or sanitary code violation related to the registrant or licensee's
business or any sex-related offense shall constitute a forfeiture
of his or her registration and/or license, and the registration and/or
license shall be deemed revoked.
B.
Each registrant and licensee shall be deemed responsible for a clean
and safe business operation on the premises. The violation of any
state law or regulation which governs the activity of the massage
therapist or massage bodywork or somatic body establishment, the provisions
of this chapter or any applicable local ordinance or regulation at
said premises shall be grounds for the revocation of the registration
and/or licenses of all registration and/or license operation on the
premises.
Any violation by the registrant and/or licensee of any of the
provisions of this chapter shall be grounds for the immediate revocation
of a registration and/or license. However, the registration and/or
license shall not be revoked until a hearing therein shall have been
had before the Bridgewater Board of Health with recommendations from
the Board to the Mayor. Written notice of the time and place of such
hearing shall be served upon the registrant and/or licensee at least
72 hours prior to the date set for such a hearing. Such notice shall
also contain a brief statement of the grounds to be relied upon for
revoking the registration and/or license. Notice may be given either
by personal delivery or by regular mail to the address listed on the
registration and/or license. At the hearing before the Bridgewater
Board of Health, the registrant and/or licensee shall have an opportunity
to answer and may thereafter be heard, and upon due consideration
and deliberation by the Bridgewater Board of Health, the registration
and/or license may be revoked or the complaint may be dismissed. The
Mayor shall review the recommendations of the Board of Health and
advise the registrant within 10 days of the Board's recommendation
of the final decision.
The Department of Health, Police Department, Code Enforcement,
Township Engineer, Township Fire Officials and other Township departments
may make unannounced inspections of each massage, body work, or somatic
therapy establishment granted a registration under the provisions
of this chapter for the purpose of determining whether the provisions
of this chapter are complied with. Such inspections shall be conducted
at any time the establishment is open for business. It shall be unlawful
for any registrant to fail to allow such inspection officer access
to the premises or to hinder such official in any manner.
A.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding 90 days, by a fine not exceeding $2,000, and/or by a period of community service not exceeding 90 days, in the discretion of the judge of the municipal court. In addition to the foregoing, any person convicted of violating the requirements of § 138-3 or 138-4 shall be punished by a minimum fine of $200 for the first offense, $500 for the second offense, and license revocation and a fine and jail term as set forth above for the third offense.
B.
A violation of any section of this chapter shall also be grounds
for revocation of any registration and/or license, certificate of
occupancy or permit issued by the Township of Bridgewater for the
premises.
C.
Every day that the provisions of this chapter are violated by any
person, as defined herein, shall be a separate and distinct violation
of this chapter.
A.
The requirements of this chapter shall have no application and effect
upon any physician, surgeon, chiropractor, osteopath, nurse, nurse
practitioner, physician's assistant, or physical therapist duly
licensed to practice such professions in this state. Nor shall it
apply to any New Jersey State certified massage or bodyworks therapist
who has been certified under the most current applicable law.
B.
Nor shall it apply to any school certified to teach massage by the
New Jersey Department of Education.
C.
An individual working within an establishment where the owner is
licensed by the municipality or certified by the state shall have
30 days to apply for state certification and must be successfully
approved.
The Massage, Bodywork and Somatic Therapist Certification Act
became effective on August 8, 1999, in the State of New Jersey.[1] This Act only applies to the certification of persons
who perform massage, bodywork and somatic therapy and not to the location
where they practice. Once the New Jersey Department of Community Affairs
establishes a New Jersey Board of Massage, Bodywork and Somatic Therapy,
rules and regulations necessary to effectuate the purpose of the Act
will become standard. Wherever referenced in this chapter, it is the
intent to incorporate these standards, once adopted, by reference
in this chapter.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
A.
No person in any advertisement shall state that a massage and bodyworks
establishment is registered with the Department of Health or is certified
in compliance with this chapter by the local board of health.
B.
No person or massage establishment shall state or imply that the
local board of health approves of any activity performed in a facility
registered by the Department.
