[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Dover 12-29-2009 by Ord. No. 19-2009. Amendments noted
where applicable.]
GENERAL REFERENCES
Volunteer Fire Department — See Ch. 20.
Board of Health — See Ch. 25.
Police Department — See Ch. 57.
Registration of businesses — See Ch. 138.
Uniform construction codes — See Ch. 150.
Fire prevention — See Ch. 189.
Land use and development — See Ch. 236.
Obscene materials — See Ch. 259.
Property maintenance — See Ch. 285.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any 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 neuromyofacial 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.
Any person licensed pursuant to the provisions of the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-60
et seq.
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are permitted to be administered, when
such therapies are administered for any form of consideration.
A.
Massage, bodywork and somatic therapy establishment permit required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Town of Dover as or for a massage, bodywork
and somatic therapy establishment unless or until there has first
been obtained a permit for such establishment or premises from the
Town of Dover in accordance with the terms and provisions of this
section.
B.
Massage, bodywork and somatic therapist's permit required. No
person shall, in the Town of Dover, 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 license issued to him or her by the New Jersey
Board of Massage and Bodywork Therapy pursuant to the terms and provisions
of the Massage, Bodywork and Somatic Therapist Certification Act,
N.J.S.A. 45:11-60 et seq. This provision shall not become effective
until adoption by the New Jersey Board of Massage and Bodywork Therapy
of the regulations necessary to obtain the license.
Any person desiring a massage, bodywork and somatic therapy
establishment permit shall file a written application with the Town
of Dover Board of Health upon a form to be furnished by the Health
Department. The application form shall contain the following information:
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 residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business.
E.
A sworn statement indicating that all massage, bodywork and somatic
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been licensed by the State
of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist
Certification Act., N.J.S.A. 45:11-60 et seq. This requirement shall
not become effective until the State of New Jersey Board of Massage
and Bodywork Therapy adoption of regulations for certification. Any
existing establishments or new establishments will not have to comply
with this provision until such time as regulations are adopted.
F.
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 shall
be provided:
(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, 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 person has previously operated,
in this or another municipality or state, under a license or permit
or has had such 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 Town of Dover Police Department. Failure to execute such
a waiver and consent shall result in a denial of a permit. An establishment
permit shall be denied to any person who has been convicted of any
crime or disorderly persons offense, other than traffic violations.
Every applicant for a permit to maintain, operate or conduct
a massage, bodywork and somatic therapy establishment shall file an
application with the Department of Health upon a form to be furnished
by said a Department and pay an annual fee as set forth below, which
permit fee shall become due on the first day of January each year.
|
Size of Establishment
(square feet)
|
Annual Permit Fee
|
|---|---|
|
1 to 1,499
|
$200
|
|
1,500 to 2,999
|
$350
|
|
3,000 to 4,999
|
$450
|
|
5,000 to 9,999
|
$750
|
|
Over 10,000
|
$1,000
|
The Department of Health, upon receiving an application for
a massage, bodywork and somatic therapy establishment permit, shall
refer the application to the Building Department, Fire Department,
Police Department and Planning Department and shall inspect the premises
proposed to be operated as such an establishment and shall make written
recommendations to the Division of Licensing and Permits concerning
compliance with the codes that it administers. No massage, bodywork,
and somatic therapy establishment shall be issued a permit or be operated,
established or maintained in the Town of Dover unless an inspection
by the Health Officer, Building Inspector and Fire Inspector reveals
that the establishment complies with the minimum requirements of the
property maintenance building and health codes for businesses operating
in the Town of Dover. In addition, the establishment must comply with
each of the following minimum requirements:
A.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected and
shall be maintained in a sanitary condition and regularly cleaned
and disinfected.
B.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
C.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
D.
Adequate hand-washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
A.
Permits issued under this section may be revoked by the Health Officer,
after written notice and a hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the permit.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Town.
(3)
Any violation of this chapter.
(4)
Conviction by the owner or any employee of an establishment of a
crime involving moral turpitude, a felony, an offense involving sexual
misconduct, keeping or residing in a house of prostitution, and any
crime involving dishonesty.
(5)
Conducting the permitted business in the Town of Dover in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
B.
Notice of the hearing for the revocation of a permit shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the permittee at his/her last known address
at least five days prior to the date set for the hearing.
C.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days by the Health Officer if, in his/her opinion,
the conduct of the permittee is detrimental to the health, safety
and general welfare of the Town of Dover.
D.
The Health Officer shall serve as hearing officer for any hearing
pursuant to this subsection.
Every massage, bodywork, and somatic therapy establishment shall
comply with the following:
A.
Every portion of the massage, bodywork and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B.
Price 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 and somatic therapists,
shall wear nontransparent outer garments. Dressing rooms must be available
on the premises. Doors to such dressing rooms shall open inward and
shall be self-closing.
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, bodywork
and somatic therapy 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. No massage,
bodywork and 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.
G.
All walls, ceilings, floors, pools, showers, bathtubs, steamrooms
and all other physical facilities and surfaces 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, clean and sanitary.
H.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
I.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
J.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
K.
Each establishment regulated hereunder shall prominently display
its permit to operate issued by the Town of Dover.
L.
All massage, bodywork and somatic therapists employed in an establishment
shall wear a badge displaying their name, title and state license
number at all times during work. This provision shall not take effect
until the Board of Massage and Bodywork Therapy adopts the regulations
for licensing.
The Department of Health, Police Department and/or the Building
Department shall, from time to time, at least twice a year, make an
inspection of each massage, bodywork and somatic therapy establishment
granted a permit under the provisions of this chapter for the purpose
of determining whether the provisions of this chapter are being 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 and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters, nor shall any person sleep in such massage,
bodywork and 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 massage, bodywork and somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A.
No owner or manager of a massage, bodywork and 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 limited to, 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,
adultery and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which
violates this section.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of such establishment,
it being specifically declared that following such conviction of an
employee, the owner or manager of the establishment shall be prosecuted
as an accessory to such violation, and the permits which have been
issued shall be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A.
In the office of licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
D.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
In addition to the revocation or suspension of the permit granted
under this chapter, any person who violates any provision of this
chapter shall, upon conviction hereof, be punished by a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 90 days, or both,
in the discretion of the court.
