[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 9-26-2011 by Ord. No. 11-731. Amendments noted where applicable.]
The purpose of this chapter is to insure the health and safety of all persons involved in massage businesses establishments within the Township of Cedar Grove.
For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any and all persons, other than the massage practitioners, who work at a massage establishment, who receive compensation directly from the permittee and who have no physical contact with the customers and clients.
- Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in this section. This includes any establishment engaged in or carrying on or permitting the practice of massage therapy.
- MASSAGE PRACTITIONER(S)
- Any person, including a trainee, who, for any consideration whatsoever, engages in the practice of massage as herein defined, including but not limited to subcontractors, subtenants or temporary employees.
- OUT-CALL MASSAGE SERVICE
- Massage therapy which is performed by a massage practitioner in a venue other than a massage establishment.
- Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
- The operator of a massage establishment and out-call massage service.
No person shall engage in or carry on the business of massage unless he or she has a valid massage establishment permit issued by the Township of Cedar Grove pursuant to the provisions of this section for each and every separate office or place of business.
Nothing contained herein shall be construed to eliminate any requirements under the laws or regulations of federal, state, or local government.
Every applicant for a permit to maintain, operate or conduct a massage establishment, including out-call massage services, shall file a complete application with the Township Health Department upon a form provided by said Township Health Department and pay an annual filing fee as follows:
For one massage practitioner, the fee shall be $250 per year.
For each additional massage practitioner, the fee shall be $100 per year.
All fees are nonrefundable.
If at any time after the initial permit is granted additional massage practitioners begin providing services at the massage establishment, all of the information required herein must be submitted to the Health Department within 10 days and the additional fee paid.
Any person desiring a massage establishment permit shall file a written application with the Township Health Department on a form to be furnished by the Township Health Department. The applicant shall accompany the application with a tender of the correct fee set forth in § 169-4 above and shall, in addition, furnish the following:
The type of ownership of the business, i.e., whether individual, partnership, corporation, limited-liability corporation, or otherwise.
The name, style and designation under which the business or practice is to be conducted.
The business address and all telephone numbers of all massage establishments where the business is to be conducted.
A complete list of the names, residence addresses and emergency telephone numbers of all massage practitioners and employees in the business and the name, residence addresses and emergency telephone numbers of the manager or other person principally in charge of the operation of the business.
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 or managing agent, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; the manager or other person principally in charge of the operation of the business, and all massage practitioners and employees:
The name, complete residence address and residence/emergency telephone number.
The two previous addresses immediately prior to the present address of the applicant.
Written proof of age.
Height, weight, color of hair and eyes and sex.
Two front-face portrait photographs taken within 30 days of the date of the application and two inches by two inches in size.
The massage 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 for denial, suspension or revocation.
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 must consent to a fingerprint check for the purpose of a criminal background check. The procedure for applicant fingerprint checks shall adhere to established New Jersey State Police policy for criminal background checks and shall be conducted under the supervision of the Police Department.
A certification from the Massage, Bodywork and Somatic Therapy Examining Committee, as set forth in N.J.A.C. 13:37-16 et seq.
A sworn statement indicating that all massage, bodywork and somatic therapists employed or to be employed by the business or otherwise permitted to work at the business have certifications from the Massage, Bodywork and Somatic Therapy Examining Committee, as set forth in N.J.A.C. 13:37-16 et seq.
A statement, in writing, from a licensed physician in the state that he or she has examined the applicant and believes the applicant to be free of all communicable diseases.
Authorization for the Township and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.
A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the Township.
No massage establishment shall be issued a permit to be operated, established or maintained in the Township unless an inspection by the Health Officer, Building Inspector and Fire Inspector reveals that the establishment complies with each of the following minimum requirements:
All massage tables, bathtubs, shower stalls or bath areas and floors shall have surfaces which may be readily disinfected.
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.
The premises shall have adequate equipment for disinfecting and sanitizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.
Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for half of the water closets for the male patrons after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with disposable or single-use towels.
The premises shall be equipped with a service sink for custodial services.
The Health Officer, the Building Inspector or the Fire Inspector shall certify that the proposed massage establishment complies with all the requirements of this section and shall send such certification to the Director of Health and Welfare.
The Health Department, upon receiving an application for a massage establishment permit, shall refer the application to the Construction Official, the Fire Department, the Police Department and the Township Zoning Department, which departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendation to the Health Department concerning the laws and codes that they administer.
The Health Department may issue a permit within 14 days following receipt of a completed application and the certifications set forth in §§ 169-6 and 169-7 above if all requirements for a massage establishment described in this chapter are met, unless it finds that:
The correct permit fee has not been tendered to the Township and, in the case of a check or bank draft, honored with payment upon presentation.
The operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the building, zoning and health regulations.
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the Township in conjunction therewith.
The applicant has had a massage business, massage practitioner's or other similar permit or license denied, revoked or suspended for any of the above causes by the Township or any other state or local agency within five years prior to the date of the application.
The applicant, if an individual, any of the officers and directors or managing director, if the applicant is a corporation or limited-liability corporation, any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the operation of the business is not over the age of 18 years.
The applicant, if an individual, any of the stockholders holding more than 10% of the stock of the corporation or any of the officers or directors or managing directors, if the applicant is a corporation, any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the operation of the business has been convicted of a felony, an offense involving sexual misconduct with children, prostitution, soliciting for purpose of prostitution, pandering, keeping a place of prostitution, any crime involving dishonesty, fraud or deceit or other offenses opposed to decency and morality.
All massage establishments are to be kept in accordance with the Infection Control Precautions as outlined in N.J.A.C. 13:37-16.8.
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
All employees, including massage practitioners and employees, shall be clean and wear clean, nontransparent outergarments. A separate dressing room for each sex must be available on the premises, and each dressing room shall contain a tub or shower in good working order and individual lockers for each employee and customer. Doors to such dressing rooms shall open inward and shall be self-closing.
All massage 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.
The genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage practitioners.
It shall be unlawful for any person knowingly, in a massage establishment, to place his or her hand upon or to touch with any part of his or her body or to fondle in any manner or to massage a genital area of any other person.
No massage practitioner, employee or operator shall perform, offer or agree to perform any act which would require the touching of the patron's sexual or genital area.
All massage practitioners and employees shall refrain, under all circumstances, from initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a client, even if the client attempts to sexualize the relationship.
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 that 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.
Oils, creams, lotions and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
Eating in the massage work areas shall not be permitted. Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.
Each massage practitioner shall wash his or her hands in hot running water, using a proper soap or disinfectant, before administering a massage to each patron.
Insurance. All massage practitioners and massage establishments shall maintain and post proof of appropriate liability insurance coverage with a reputable company licensed by the State of New Jersey in an amount of not less than $1,000,000 per occurrence and in the aggregate for all claims caused by personal injury. A certificate of insurance in acceptable form shall be provided to the Health Department within 10 days of the issuance of the permit set forth in § 169-3 above.
Hours of operation. The hours of operation for all licensed businesses shall be between 7:00 a.m. and 10:00 p.m.
All premises used by permittees hereunder shall be periodically inspected by the Health Department and Building Department or their authorized representatives for safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linen and items for the personal use of operators and patients shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets, provided that such paper is changed for every patron. No massage service or practice shall be carried on within any cubicle, room or booth or any area within a massage establishment which is fitted with a door capable of being locked.
Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises or to preclude authorized inspection thereof.
Any permit issued for a massage establishment or out-call massage service may be revoked or suspended by the Health Department after a hearing, for good cause or in any case where any of the provisions of this section are violated or where any employee or the permittee, including a massage practitioner, is engaged in any condition which violates any of the state or local laws or ordinances at the permittee's place of business and the permittee has actual or constructive knowledge of such violations or the permittee should have actual or constructive knowledge by due diligence or in any case where the permittee refuses to permit any duly authorized police officer or health inspector of the Township of Cedar Grove to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Township of Cedar Grove, upon the direction of the Director of Health that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation and hygiene.
The operator of a massage establishment or an out-call massage service must maintain a register of all persons employed as massage practitioners. Such register shall be available for inspection at all times during regular business hours.
The permit holder shall be responsible for all actions which occur on the premises, whether by massage practitioners, employees, subcontractors, or other persons on the premises.
All massage establishments shall post their massage establishment permit in the hallway entrance in a conspicuous location at all times. All massage, bodywork and somatic therapy practitioners shall display their certifications in view of clients.
Every person who operates a massage business or practices or provides a massage shall, at all times, keep an appointment book in which the name of each and every patron shall be entered, together with the time, date and place of service, the service provided, the fees charged, and the name of the massage practitioner who provided the services. Such appointment book shall be available at all times for inspection by the Health Department's authorized representatives, and this appointment book shall be maintained for a period of seven years from the date of the most recent entry.
The Health Department, the Police Department and the Fire Department shall, from time to time, at least annually, announced or unannounced, make an inspection of each massage 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 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 person shall permit any person under the age of 18 years to receive a massage without advanced written permission of his or her parent, caregiver or guardian, or a parent, caregiver or guardian must be present in the room during the time of the massage.
No person shall sell, give, dispense, provide or keep or permit the sale or consumption of alcoholic beverages on the licensed premises.
It shall be unlawful for any person to massage any other person or give or administer any of the other things mentioned in this chapter which violate the provisions of this chapter or which violate any municipal or state law or ordinance. Any violation of this chapter shall be deemed grounds for revocation of the permit granted hereunder.
Any massage practitioner engaged in massage at an unlicensed massage establishment shall be guilty of a violation of this chapter.
No person granted a permit pursuant to this section shall operate under any name or conduct his or her business under any designation for any location not specified in his or her permit. This section shall in no way effect the permittee's ability to provide out-call service should the permittee be otherwise in compliance with the provisions of this chapter.
Massage establishment permits are not transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein for the location specified therein only.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
In the office of a licensed physician, chiropractor or physical therapist.
In a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists.
By any licensed physician, chiropractor or physical therapist in the residence of his or her patient.
The Director of Health may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this chapter.
All persons who presently operate a massage establishment must apply for a permit within 90 days of the effective date of this chapter. Applications for renewal of permits must be filed not more than two months nor less than one month prior to termination of an existing permit.
Any person who shall make false statements in any application for a permit under this chapter or in any record that he is required to maintain under this chapter shall be guilty of violating this chapter.
No person shall engage in the practice of massage as a licensed massage therapist or present, call or represent oneself as a licensed massage therapist unless licensed pursuant to N.J.S.A. 45:11-53 et seq.
No person shall assume, represent, or use the title or designation "massage or bodywork therapist," "licensed massage and bodywork therapist" or any title or designation which includes the words "massage," "bodywork," "masseur," "masseuse," "shiatsu," "acupressure," "ac-cupressure," "accu-pressure," "nuad bo'rarn," "amma," "anma," "chi nei tsang," "tuina," "polarity educator," "polarity therapist," "polarity therapy," "polarity practitioner," or any of the abbreviations, "MT," "BT," "MBT," "MBST," "CMBT," "COBT," "CMT," "LBT," "LMBST," "LMBT," "LABT," "LOBT," "AB," "ABT," "OB," "RPP," or "LMT," unless licensed under N.J.S.A. 45:11-53 et seq.
Any person who violates or permits, aids or abets the violation of any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.