[HISTORY: Adopted by the Township Council of the Township
of Evesham 5-26-2015 by Ord. No. 17-5-2015.[1] Amendments noted where applicable.]
A.
No person, firm, or corporation shall operate any establishment or
utilize any premises in the Township of Evesham as or for a massage
establishment unless and until the establishment has registered the
business with the Township Clerk of the Township of Evesham in accordance
with the terms and provisions of this chapter.
B.
Such application for registration shall have attached to it a copy
of a valid state-issued license showing that the massage establishment
is in good standing and compliant with state requirements. Such application
for registration shall also have attached to it a copy of the license
issued to each of the establishment's therapists by the New Jersey
Board of Massage and Bodywork Therapy.
C.
The Evesham Township Clerk shall require a massage establishment
to update its records every year upon payment of the annual registration
fee.
A.
It is hereby declared that the business of operating a massage establishment,
as defined in this chapter, is a business affecting the public health,
safety, and general welfare of the municipality and its inhabitants,
thereby making the operation of a massage establishment subject to
the municipality's regulatory and police power.
B.
Massage establishments are required to register with the Township
in order for Township officials to maintain records of the names and
state license information of the owner(s) and operator(s) of the massage
establishment and massage therapist(s) providing massage and/or bodywork
services within Township limits and the address of the place of business
providing massage services and to monitor compliance with all Township
and state laws, health codes, and ordinances. Registering the licensure
information for the establishment, owner/operator, and therapist(s)
preserves the public health, safety, and welfare of the municipality
and its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
Any system of activity of structured touch which includes,
but is not limited to, holding, applying pressure, stroking, kneading,
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
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., and
N.J.S.A. 45:11-68 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.
Nothing in this chapter is meant to regulate the process by
which massage and bodywork therapists become certified, licensed,
and/or registered, a process that is currently overseen and regulated
by the New Jersey Board of Massage and Bodywork Therapy and outlined
in N.J.S.A. 45:11-53 et seq.
The administering of massage, bodywork, and/or somatic therapies
for any form of consideration by any person not licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, N.J.S.A. 45:11-53 et seq., and N.J.S.A. 45:11-68 et seq., shall
be prohibited within the limits of the Township of Evesham.
Applicants for a massage establishment registration shall pay
an annual registration fee of $250, which shall become due on January
1 of every year. In order to be properly registered, the applicant
must remit the registration fee, attach to the application a copy
of the establishment's state-issued license, and attach to the application
a copy of the license issued to each of the establishment's therapists
by the New Jersey Board of Massage and Bodywork Therapy.
Each application for a massage establishment registration or
the renewal thereof, which shall be submitted to the Township Clerk,
must be approved by the Township Council before any registration is
issued. The Township Council shall not approve said application unless
a copy of the establishment's state-issued license and a copy of the
state-issued license for each of the establishment's therapists are
attached to the registration application.
The provisions of this chapter shall not apply to massage or
physical therapy treatments given by a massage therapist certified
by either the AMTA or the ABMP, and:
A.
In the office of a licensed physician, osteopath, chiropractor, or
physical therapist; or
B.
In a regularly established medical center, hospital, or sanitarium
having a staff which includes licensed physicians, chiropractors,
or physical therapists; or
C.
By any licensed physician, osteopath, chiropractor, or physical therapist
in the residence of his patient.
All massage establishments and massage therapists shall comply
with applicable state laws and regulations, including N.J.S.A. 45:11-53
et seq., N.J.S.A. 45:11-68 et seq., and N.J.A.C. 13:37A-1.1 et seq.
The massage, bodywork, and somatic therapy establishment shall
display its state-issued license as well as the state-issued license
of each and every massage therapist employed by the establishment
in an open and conspicuous place of the premises of the establishment,
in accordance with N.J.A.C. 13:37A-3.4.
No owner, operator, 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, nor shall any owner, operator, or manager tolerate
in his or her establishment any activity or behavior which violates
this chapter.
No part of any quarters of a massage, bodywork, and somatic
therapy establishment shall be used for or connected with a bedroom
or sleeping quarters, nor may any person sleep in such massage, bodywork,
and somatic therapy establishment. This provision shall not preclude
the location of a massage therapy establishment in separate quarters
of a building wherein a hotel or other separate business is located.
A.
The Chief of Police or his designee is authorized to conduct random
inspections of massage, bodywork, and somatic therapy establishments
located within the Township of Evesham for the purpose of determining
whether the owner, operator, or manager of such an establishment is
compliant with the provisions of this chapter. Such inspections shall
be unannounced but shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any owner, operator, manager, or
employee to fail to allow such inspection officer access to the premises
or hinder such officer in any manner.
B.
The owner, operator, or manager of the establishment shall permit
the inspection officer access to all portions of the establishment.
All pertinent records and proof of valid state licensure for the establishment
and all employee therapists shall be made available to the inspection
officer for review.
Any violation of this chapter will be reported to the New Jersey
Division of Consumer Affairs, Board of Massage and Bodywork Therapy,
which may result in the revocation of state-issued licensure.
