[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 4-17-2013 by Ord. No. 2084-13. Amendments noted
where applicable.]
It is declared that the operation of massage establishments,
as defined in this chapter, is a business affecting the public health,
safety and welfare of the Borough and its residents. In order to ensure
the protection of that public health, safety and welfare, the Borough
of Hawthorne finds that it must license and regulate such facilities
in a manner authorized by and consistent with state statute.
As used in this chapter, the following terms shall have the
meanings indicated:
Any attempt, directly or indirectly, by publication, dissemination,
or circulation in print or electronic media, which directly or indirectly
induces or attempts to induce any person or entity to purchase or
enter into an agreement to purchase services related thereto from
a massage establishment or massage therapist.
Radio, television and internet.
Any person other than a massage therapist who renders any
service in connection with the operation of a massage business and
receives compensation from the operator of the massage establishment
or its patrons.
The operator of a massage establishment.
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 application may include, but is 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,
explaining and describing myofascial movement, self-care and stress
management as it relates to massage, bodywork and somatic therapies.
Massage, bodywork and somatic therapy practices are designed to affect
the energetic system of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage, bodywork
and somatic therapies do not include the diagnosis or treatment of
illness, disease, impairment or disability.
Any establishment 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"
for compensation of any kind.
An individual who has taken courses in massage therapy and
has received a diploma or certificate of completion in the area of
massage therapy from an educational institution offering degrees and/or
certification in massage therapy and who holds a valid certification
or license issued by the New Jersey Board of Massage and Bodywork
Therapy.
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
other consideration therefor.
Any individual, firm, association, corporation or combination
of individuals of whatever form or character.
Newspapers, magazines, periodicals, professional journals,
telephone directories, circulars, handbills, flyers, billboards, signs,
business cards, match covers and other similar items, documents or
comparable publications, the content of which is disseminated by means
of the printed work.
Genitals, anus or perineum of any person or the breast or
vulva of a female.
A.
No massage establishment shall operate or provide massage services
within the municipality without obtaining a license from the Clerk
of the Borough of Hawthorne. The license is specific to massage establishments
and is independent from any certificate of occupancy or approval for
the use of any premises as a massage establishment.
B.
Any person seeking to obtain a license to operate a massage establishment
within the municipality must provide the following:
(1)
A complete application, as provided by the Clerk of the Borough of
Hawthorne, accompanied by an application fee in the amount of $2,000.
(2)
The names, addresses, dates of birth and social security numbers
for each person having an ownership interest in the massage establishment.
(3)
The names, addresses, dates of birth and social security numbers
for each massage therapist who will provide massage services for the
massage establishment.
(4)
A copy of a valid certification or license issued by the New Jersey
Board of Massage and Bodywork Therapy for each massage therapist who
will provide massage services for the massage establishment.
(5)
A copy of a driver's license, passport or other government-issued
photograph identification for each person having an ownership interest
in the massage establishment. The copy shall be in color and of such
quality so that the owner is readily identifiable from the photograph.
(6)
A copy of a driver's license, passport or other government-issued
photograph identification for each massage therapist providing massage
services for the massage establishment. The copy shall be in color
and of such quality so that the massage therapist is readily identifiable
from the photograph.
(7)
A current photograph and fingerprinting from the Hawthorne Police
Department for each person having an ownership interest in the massage
establishment, together with a check made payable to the New Jersey
State Bureau of Investigation to cover the cost of a criminal background
investigation on each person having an ownership interest in the massage
establishment. This shall be a one-time requirement, unless there
is a change in ownership interest.
(8)
Satisfactory proof of business liability insurance.
(9)
Satisfactory proof that all applicable building, zoning, health and
fire code requirements have been met and inspection certificates issued.
C.
Every massage establishment license issued pursuant to this chapter
shall expire at the end of the calendar year, unless sooner suspended
or revoked, and shall be renewed upon compliance with the licensure
requirements above, except that the renewal fee shall be $250 annually.
Licensees shall submit an application for renewal no later than October
31 of the year prior to that requested on the application. Those failing
to submit a timely renewal application shall be required to reapply
as and be subject to the conditions and fees of an initial applicant.
Every such establishment existing as of the date this chapter becomes
effective shall, within 60 days of adoption, comply with all of the
requirements of this chapter, except that the fee to be paid shall
be $250.
D.
Not more than one license shall issue for every 10,000 residents
of the municipality, as determined by the most recent census. Upon
adoption of this chapter, licenses shall first issue to any existing
establishment operating in the municipality based upon the date a
certificate of occupancy was issued.
A.
When the application is properly completed and signed by the applicant,
the original, duplicate and applicable fees shall be filed with the
Borough Clerk. The Clerk shall refer the duplicate to the Chief of
Police, who shall make or cause to be made an investigation and criminal
background check of each person having an ownership interest in the
massage establishment and of each massage therapist providing massage
services for the massage establishment.
B.
Upon completion of the criminal background investigation, the Chief
of Police shall endorse the application, noting approval or disapproval,
and forward the application to the Borough Clerk with supporting information.
Disapproval by the Chief of Police shall be based on information disclosed
by the investigation and criminal background check that indicates
the issuance of the license would not be in the best interest of the
public.
C.
Upon approval by the Chief of Police, the Borough Clerk shall forward
the application to the applicable Borough departments to verify that
all building, zoning, health and fire code requirements have been
met.
D.
If the Chief of Police approves the application and the Borough Clerk
has determined that the remaining requirements are satisfied, the
Borough Clerk shall cause said license to be issued.
E.
The massage establishment shall immediately notify the Borough Clerk of any change in ownership interest or any change in massage therapists performing massage services at the massage establishment. The information set forth in § 320-3 above shall be provided for each new owner or massage therapist. The Borough Clerk shall forward the information to the Chief of Police for investigation and criminal background check. The cost of the criminal background check shall be paid for by the applicant in advance. No massage establishment shall permit a massage therapist to perform massage services at the massage establishment until the information set forth in § 320-3 is provided to the Borough Clerk.
A.
Every massage establishment shall display in a conspicuous place
so as to be readily seen by persons entering the premises a valid
massage establishment license issued by the municipality and a license
or certificate for each massage therapist employed at the establishment.
B.
Every massage establishment shall maintain on file for inspection
a valid certification or license issued by the New Jersey Board of
Massage and Bodywork Therapy for each massage therapist providing
massage services at the premises. The file shall also contain a copy
of a driver's license, passport or other government-issued photograph
identification for each massage therapist providing massage services
at the premises. The copy shall be in color and of such quality so
that the massage therapist is readily identifiable from the photograph.
A.
Price rates for all services offered by the massage establishment
shall be prominently posted in the reception area. No services shall
be offered or provided by the massage establishment or massage therapist
unless specifically posted in accordance herewith.
B.
All employees, including persons performing a massage, shall wear
nontransparent outer garments, covering the sexual and genital areas.
C.
The sexual and genital areas of patrons must be covered by towels
or cloths or undergarments when in the presence of an employee or
massage therapist.
D.
No employee or patron shall touch or fondle, or offer to touch or
fondle, in any manner the sexual or genital area of any person.
E.
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. or
as otherwise established by any reviewing board considering an application
for zoning approval. While hours of operation may be more restrictive,
they shall not be more expansive than that permitted herein.
F.
Every massage establishment and massage therapist shall comply with
the infection control precautions currently set forth at N.J.A.C.
13:37-16.8 and as may be amended from time to time.
G.
Every massage establishment and massage therapist shall comply with
the sexual misconduct provisions currently set forth at N.J.A.C. 13:37-16.12
and as may be amended from time to time.
H.
Every massage establishment and massage therapist shall comply with
the recordkeeping requirements currently set forth at N.J.A.C. 13:37-16.14
and as may be amended from time to time.
A.
No person shall advertise or offer to provide massage-related services
for compensation within the Borough of Hawthorne unless licensed as
a massage establishment pursuant to this chapter.
B.
All advertisements for massage services to be provided within the
Borough of Hawthorne shall include the massage establishment's
name, address and telephone number.
Once a license has been issued, any change in the location of
the massage establishment premises shall be on notice and approval
of the Borough Clerk. A change-of-location fee in the amount of $250
shall be paid to the Borough.
It shall be the responsibility of the owners of the massage
establishment and the holder of the license for the massage establishment
to ensure that all persons and massage therapists comply with the
provisions of this chapter.
The Borough Police Department, Board of Health, Fire Marshal,
Construction Officer, Zoning Officer and Code Enforcement Officer
may make inspections of any and all parts of the massage establishment
to ensure compliance with the provisions of this chapter, the Borough
Code, and laws and administrative codes of the State of New Jersey
on no less than an annual basis and shall be permitted to perform
spot inspections without need of obtaining any approval of the operator
of the business or an administrative search warrant.
A.
The Borough Clerk may revoke the license of a massage establishment
for any of the following reasons:
(1)
The massage establishment violates or fails to comply with any provisions
of this chapter, the Borough Code, or laws and administrative codes
of the State of New Jersey.
(2)
Any person or massage therapist employed by the massage establishment
violates or fails to comply with any provisions of this chapter, the
Borough Code or laws and administrative codes of the State of New
Jersey.
(3)
Anyone with an ownership interest in the massage establishment is
convicted of a criminal or quasi-criminal offense related to the massage
establishment business or any sex-related offense.
(4)
Any person or massage therapist employed by the massage establishment
is convicted of a criminal or quasi-criminal offense related to the
massage establishment business or any sex-related offense.
(5)
The massage establishment is engaged in the practice of massage under
a false or assumed name or is using the name of a licensed massage
therapist not associated with the massage establishment.
(6)
The massage establishment employs or permits any person without a
valid certification or license from the New Jersey Board of Massage
and Bodywork Therapy to provide massage services for the massage establishment.
B.
The Borough Clerk shall cause a notice of license revocation to be
issued to the licensee, at the licensee's most recent address
on file, that the license has been revoked. Within 10 days of the
delivery of said notice, the applicant may appeal to the Borough Council
to reinstate the license. The filing of such notice shall not stay
any revocation of the license for the premises. The Borough Council
shall hold a hearing within 90 days of receipt of a notice of appeal.
Once the ten-day appeal period has passed, or if upon appeal to the
Borough Council the license revocation is upheld, the massage establishment
or individual will be barred from providing massage services within
the Borough for a period of five years.
A.
The requirements of this chapter shall have no application and effect
upon any physician, surgeon, chiropractor, osteopath, nurse, nurse
practitioner, physicians' assistant, or physical therapist duly
licensed to practice such professions in this state.
B.
The requirements of this chapter shall not apply to any school certified
to teach massage by the New Jersey Department of Education.
C.
All existing establishments operating at the time of adoption of
this chapter shall have 60 days from such date to make application
for the license called for hereunder.
