The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Means and refers to systems or activity of structured touch
which include, but are not limited to, holding, applying pressure,
positioning and mobilizing soft tissue of another person's body
by manual technique and/or 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 or dry, hot or cold, external applications,
external application of herbal or topical preparations not classified
as prescription drugs, movement and neuromyofascial education and
education in self-care and stress management.
NONTHERAPIST EMPLOYEE
All other agents, servants, employees, or persons located
at, engaged by, or employed by a person, entity, or business that
offers massage, bodywork or somatic therapies, except for clients
of or visitors to the place of business, shall be required to be certified
by the Township Health Department.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
Any person desiring a massage, bodywork or somatic therapy establishment certificate shall file a written application with the Mount Olive Health Department. The applicant shall provide the application fee as required in §
426-3 and shall, in addition, furnish 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
and e-mail addresses, where business is to be conducted, as well as
the cellular telephone number of the principal manager or operator
of the establishment.
D. A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists, employees and nontherapist employees
of the business and the name and residence address of the manager
and owner or other person principally in charge of the operation of
the business. It shall be the responsibility of the owner/operator
to maintain an updated employee list and provide same to the Mount
Olive Township Health Department Office. This list shall also be made
available during all inspections.
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
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 issued a certificate
pursuant to this chapter.
F. The following personal information concerning the applicant shall
be provided:
(1) The name, complete residence address and residence and cellular telephone
number;
(2) The two previous residential addresses immediately prior to the present
address of the applicant;
(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 or operated under a license,
permit, or certificate or has had such license, permit, or certificate
denied, revoked or suspended and the reason therefor and the business
activities or occupations subsequent to such action of 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 fingerprinting and criminal
background check by the Mount Olive Township Police Department. Failure
to execute such a waiver and consent shall result in denial of a certificate.
A massage, bodywork or somatic therapy establishment certificate may
be denied to any person who has been convicted of a crime.
(a)
The above-referenced information shall be supplied for each
stockholder owning more than 10% of the stock of a corporation and
each officer and director of the corporation, if the applicant is
a corporation, and for each partner, including limited partners, if
the applicant is a partnership, or for any person who shall derive
income from the business's operations, whether listed as a partner
or not.
G. The names and addresses of three adult residents of Morris County
who will serve as character references. These references must be persons
other than relatives or business associates.
H. The submitted application must be accompanied by a copy of the signed
lease for the property location where the proposed massage establishment
will be in operation. The applicant must be listed as the lessee on
the lease.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
I. A written physical description of the property and facilities, and
a written floor plan and interior design showing the layout of the
facilities, which shall be subject to the approval of the Mount Olive
Township Health Officer so as to ensure adequate and sanitary facilities.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
J. A written acknowledgement that each business owner/applicant has
received a copy of this chapter.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
A. All nontherapist employees shall complete and submit an application
to the Mount Olive Township Health Department, with the application
to be signed in front of a representative of the Township Health Department
during their hours of operation. The application shall contain the
following:
(1) The name and complete address and residence telephone number of the
applicant;
(2) Previous addresses within the last five years prior to the present
address of the applicant;
(4) Height, weight, sex and color of hair and eyes;
(5) Two front-faced portrait photographs taken within 30 days of the
date of the application and at least two inches by two inches in size;
(6) 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 of consent to allow fingerprinting and a criminal
background check by the Mount Olive Police Department. Failure to
execute such a waiver and consent shall result in denial of a certificate.
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
The massage, bodywork or somatic therapy establishment shall
display its health certificate as well as the original license of
each and every massage, bodywork and somatic therapist and all nontherapist
employees certificates, employed in the establishment in an open and
conspicuous place on the premises of the establishment. A two-inch-by-two-inch
passport size photo of the licensed therapist or nontherapist employee
must be affixed to the displayed license of each and every massage,
bodywork and somatic therapist employed by the establishment and every
nontherapist employee certificate. In addition, all therapists and
nontherapist employees on site must have in their possession a government
issued photo ID.
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 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 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 buttocks, genital area and female breasts of patrons must be
covered by towels, cloths or undergarment 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 the buttocks, genital area or female breasts of any other
person, unless such massage has been ordered by a prescription signed
by a licensed medical doctor, chiropractor or doctor of osteopathic
medicine. 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 buttocks, genital area or female
breasts;
G. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
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; and
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. Client records must be kept for each and every client who receives
services from the massage establishment. These records shall include
at minimum an intake form filled out by each customer to include their
name, address, phone number, date of birth, date of service, the specific
service they have received, the licensed therapist's full name,
their New Jersey State massage therapist's license number, and
the signature of the client. These records must be stored on the premises
and available for review by the Health Department at all times for
a period of not less than three years of the date service was performed.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
L. Pest control chemicals or sprays are prohibited. Pest control services
must be performed by NJDEP-licensed pest control contractors.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
M. The massage establishment shall conform to and observe all applicable
rules, regulations and prohibitions set forth by the Division of Consumer
Affairs.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
N. A licensed massage therapist licensed by the Division of Consumer
Affairs must be present during the facilities hours of operation.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
O. The laundering of personal clothing and/or other items is prohibited.
Personal clothing and other personal items may not be commingled with
the linens or towels used in the operation nor shall personal clothing
not specific to the operation be stored on the premises.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
Any patron under the age of 18 years of age must be accompanied
by a parent or guardian or adult with written permission of the parent
or guardian.
The Mount Olive Health Department, Police Department and/or
the Building Department shall, from time to time, make inspections
of each massage, bodywork and somatic therapy establishment granted
a certificate 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 at least twice a year. It shall be unlawful for
any person 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 establishments in separately
demised quarters of a building housing a hotel or other separate businesses
or clubs.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A. In the office of a 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 certificate
granted under this chapter, any person who violates any provision
of this chapter shall, upon conviction, be punished by a fine of not
less than $100 nor more than $2,000 or by imprisonment in the county
jail for a term not exceeding 90 days, or by a period of community
service not exceeding 90 days, or any combination thereof, at the
discretion of the court. Each day a particular violation occurs shall
constitute a separate offense.
Massage, bodywork and somatic therapy establishments and therapists
operating in Mount Olive Township as of the date of the adoption of
this chapter must apply for a certificate within 60 days of the effective
date of this chapter and must obtain a certificate within 150 days
of the effective date of this chapter.