[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 12-16-2015 by Ord. No. 26/15.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
248, Massage Parlors, adopted 1-21-1981 by Ord. No. 1445.
The Mayor and Board of Commissioners of the Town of West New
York hereby find as a fact that the operation of any establishment,
public or private, as a massage parlor or bath parlor or any similar
or combination type of business where physical contact with the recipient
of the services provided is by a person of the same or opposite sex,
which physical contact induces or results in sexual contact, behavior
or conduct, proscribed or otherwise, is a matter of public concern
since the same affects the general health and welfare of the citizens
of this municipality. The provisions hereinafter enacted and described
are deemed to be a necessity in the public interest, and these findings
of fact and description of legislative intent are hereby declared
as a matter of legislative determination.
It shall be unlawful for any person, as defined herein, to:
A.
Operate any establishment, regardless of whether the same is a public
or private facility, as a massage parlor or bath parlor or any similar
or combination type of business where physical contact with the recipient
of the services offered is provided by a person of the same or opposite
sex, which said physical contact induces or results in sexual contact,
behavior or conduct, proscribed or otherwise.
B.
Permit the use or occupation of any building, structure or premises for the prohibited purposes described in § 248-1 of this chapter.
C.
A licensee and/or employee shall not perform:
(1)
Colonic irrigations;
(2)
Prostate massages;
(3)
Vaginal or penile massages;
(4)
Rectal massages;
(5)
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A.
45:16-1 et seq.;
(6)
Any application of electrical current to the body (Transcutaneous
Electronic Nerve Stimulation, TENS machine);
(7)
Ultrasound therapy; and
(8)
Diagnosis of illness, disease, impairment or disability.
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all persons, other than the massage practitioner(s)
and employee(s), who are authorized to act for or in place of the
licensee, business(es), practitioner(s) and/or employee(s).
Any and all persons, other than the practitioner(s), who
work for a business licensed pursuant to this chapter, who receive
compensation directly from the licensee and who have no physical contact
with the patrons.
The operator of a massage business and/or a massage practitioner,
who will receive money or any other consideration therefor and who
has a license issued pursuant to this chapter.
Shall be used as that term is used in N.J.A.C. 13:37A-1.2.
Massage, bodywork, pressure and somatic therapy. Those terms
shall be used herein as those terms are used in N.J.S.A. 45:11-55
et seq. and this chapter.
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 techniques and use of visual, kinesthetic,
auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork, pressure 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 application of herbal or topical preparations not classified
as prescribed 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 purposes
of promoting and maintaining the health and well-being of the client.
Massage, bodywork, pressure and somatic therapies do not include the
practice of medicine, surgery, dentistry, osteopathy, chiropractic,
physical therapy or other medical or surgical practices as defined
in Title 45, Chapter 9, of New Jersey Statutes Annotated or to licensed
nurses acting under the direct prescription and direction of said
practitioners. Massage, bodywork, pressure and somatic therapies do
not include massage of the scalp, hands or feet by a hair or nail
salon or chair massage of arms, neck and shoulders in an open room
or area where other business is conducted, or certificated therapeutic
methods that are employed when the patron is fully clothed.
Any establishment located in a fixed place of business on
a nonresidential property owned, leased, operated or controlled by
any person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this chapter. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy and bathhouse establishment.
Any person who holds a certificate as defined by this chapter
who, for any consideration whatsoever, engages in the practice of
massage, bodywork, pressure and/or somatic therapy as herein defined,
including but not limited to subcontractors, subtenants or temporary
employees certified by the State of New Jersey.
Any room, floor or section of a massage business where massage,
bodywork, pressure and/or somatic therapies as herein defined are
carried out.
Any person who receives a massage, bodywork, pressure and/or
somatic therapies under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation, a voluntary association or incorporated association.
"Persons" shall specifically include and apply to individual owners
of massage businesses, as well as the entity(ies).
A.
Massage business(es). No persons shall operate a business engaged
in the provision of massage, bodywork, pressure or somatic therapy
services unless such person has first obtained a valid license for
such business from the Town of West New York's Health Department
in accordance with the terms and provisions of this chapter. Each
applicant shall be fingerprinted. Fingerprints so furnished shall
become a part of the application. In the event of a partnership, all
partners, and in the event of a corporation, the president, vice-president,
secretary and treasurer, shall be required to submit the abovementioned
sets of fingerprints, which fingerprints so taken shall be submitted
to the Police Director/Chief of Police for comparison and record.
The number of licenses issued shall be limited as follows:
(1)
The Town of West New York Health Department shall issue a license
to operate upon satisfaction by the applicant that he or she has met
all the requirements of N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1
et seq.
B.
Massage practitioner. No person shall engage in providing massage
services unless such person has first obtained a valid massage practitioner
license issued by the Town of West New York Health Department pursuant
to the provisions of this chapter and is certified by the State of
New Jersey pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1
et seq.
(1)
The provision of massage services shall be limited to licensed medical
centers, hospitals, sanitariums or the duly licensed office of a physician,
osteopath, chiropractor, physical therapist or the office of a duly
licensed massage business, as defined herein.
(2)
No person other than a licensed and state-certified massage practitioner
shall have any physical contact with patients or persons within the
office of said physician, osteopath, chiropractor, physical therapist
or massage business.
(3)
The Town of West New York Health Department shall issue a license
to practice upon satisfaction by the applicant that he or she has
met all the requirements of N.J.S.A. 45:11-53 et seq. and N.J.A.C.
13:37A-1.1 et seq.
A.
Every applicant for a massage practitioner license and/or a massage
business license pursuant to this chapter shall file annually a complete
application with the Town of West New York Health Department as set
forth in this chapter and pay an annual filing fee as follows:
(1)
For a massage business licensed pursuant to this chapter, the fee shall be in accordance with Chapter 186 of the Code of the Town of West New York.
(2)
For each massage practitioner licensed pursuant to this chapter, the fee shall be in accordance with Chapter 186 of the Code of the Town of West New York.
(3)
All fees are nonrefundable. Fees are annual.
(4)
Any changes in ownership shall require a new application and license
with the payment of the fees therefor.
B.
If at any time after the initial license is granted additional practitioners
begin providing services at any massage business, all of the information
required herein must be submitted to the Town of West New York Health
Department prior to the massage practitioner providing services and
the additional fee must be paid.
C.
In addition to the above, each massage practitioner and massage business
applicant must pay the fee required to obtain a criminal background
check.
A.
Each massage business must be licensed and each massage practitioner
must be licensed. There shall be a separate massage business license
and a separate massage practitioner license.
B.
Each application for a license or renewal thereof, either to operate
a massage business or to engage in the business of massage or to be
employed as a massage practitioner, shall be approved by the governing
body before any license is issued. First-time applicants for any licensure
must be fingerprinted and photographed in accordance with the terms
and provisions of this chapter and the procedures established by the
Town of West New York Health Department. The governing body shall
not approve such application if, on the basis of the criminal record
of the applicant or of the principles thereof or on the basis thereof
of other evidence of bad character or morals, it shall determine that
the granting or renewal of such license would tend to encourage or
permit criminal or immoral activities within the Town of West New
York.
C.
Any applicant for a massage business license or massage practitioner license shall file a written application with the Town of West New York Health Department on a form to be furnished by the Town of West New York Health Department. The applicant shall accompany the application with a tender of an applicable licensing fee(s) pursuant to Chapter 186 of the Code of the Town of West New York, in addition, furnish the following:
(1)
The applicant's name, complete address, residence and cell phone
number.
(2)
All previous addresses within the last five years prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and color of hair and eyes.
(5)
A copy of the applicant's certificate or license, issued by
the State of New Jersey, as provided for pursuant to N.J.S.A. 45:11-53
et seq. and N.J.A.C. 13:37A-1.1 et seq.
(6)
Previous employment and business history, including whether or not
the applicant has previously operated in this or another municipality
or state under a license or permit and whether or not any such license
or permit was 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 the circumstances thereof.
(8)
Upon initial application, a written waiver and consent to allow a
fingerprint and criminal background check by the West New York Police
Department. For this, a fee shall be paid by the applicant.
(9)
The names and addresses of two adult residents of this state who
will serve as character references. These references must be persons
other than relatives and business associates.
(10)
A written declaration by the applicant under penalty of perjury
that the foregoing information contained in the application is true
and correct.
D.
The Town of West New York Health Department may issue a massage business
license and/or massage practitioner license within 30 days following
receipt of a completed application and the certifications set forth
in this chapter if all requirements described in this chapter are
met, unless the Town of West New York Health Department finds that:
(1)
The correct license fee has not been tendered to the Town of West
New York and, in the case of a check or bank draft, honored with payment
upon presentation.
(2)
In the case of a massage business application, the operation as proposed
by the applicant, if permitted, would not comply with all applicable
laws, including but not limited to the Town of West New York building,
zoning, fire and health codes and regulations.
(3)
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the license application or in any document required
by the Town of West New York in conjunction therewith.
(4)
The applicant has had a massage business, massage practitioner or
other similar permit or license denied, revoked or suspended by the
Town of West New York or any other state or local agency, which finding
may be waived by the Board of Commissioners in its discretion.
(5)
The applicant, if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, 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.
(6)
The applicant(s), if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, 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 an offense involving sexual misconduct with children,
prostitution, soliciting for purpose of offenses opposed to decency
and morality, or any crime of moral turpitude.
No license issued pursuant to this chapter is transferable,
separate or divisible.
A.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers or given
to the patron in the manner they can read.
B.
Massage practitioners and employees shall be clean and wear clean,
nontransparent outer garments.
C.
The sexual, genital and rectal areas of patrons must be covered by
towels, cloths or undergarments when in the presence of massage practitioners
or employees.
D.
While administering massage, as defined in this chapter, it shall
be unlawful for any person knowingly to place his or her hand upon
or to touch, fondle or massage in any manner a sexual, genital and/or
rectal area of himself or herself or any other person.
E.
No massage practitioner, employee or licensee shall perform, or offer
to perform, any act which would require the touching of a patron's
sexual, genital or rectal area.
F.
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 patron, even
if a patron attempts to sexualize the relationship.
G.
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.
(1)
Oils, creams, lotions, stones and other preparations used in administering
massage shall be kept in clean, closed containers or cabinets.
(2)
Eating in a massage business shall not be permitted except in a designated
cafeteria/kitchen. Animals, except for Seeing Eye dogs, shall not
be permitted in a massage business.
(3)
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.
(4)
All massage practitioners and massage businesses shall maintain 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 Office of the Clerk to the Town of West New York within 10
days of the issuance of the license. In the event that the certificate
of insurance is not provided to the Office of the Clerk within the
time prescribed, the license will be revoked. Proof of appropriate
liability insurance must be conspicuously posted.
H.
Nothing contained herein shall be construed to eliminate other requirements
of statute or chapters concerning the maintenance of premises or to
preclude authorized inspection thereof.
No person shall permit any person under the age of 18 years
to receive a massage without advance written permission from his or
her parent, caregiver or guardian or unless a parent, caregiver or
guardian is 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 premises of
a massage business.
This chapter shall not apply to any duly licensed physician
or chiropractor, nor shall it apply to any registered physical therapist
or registered nurse performing his or her duties and functions under
the direction or pursuant to the prescription of a duly licensed physician.
All massage business licensees must maintain a register of all
persons employed as massage practitioners and their license numbers
and all other employees and agents. Such register shall include the
name, address, date of birth and social security number of all massage
practitioners, employees and agents and shall be available for inspection
at all times during regular business hours.
The licensee shall be responsible for all actions which occur
on the premises of a massage business, whether by massage practitioners,
employees, subcontractors or other agents, where the licensee has
actual or constructive knowledge of such actions.
The Town of West New York Health Department, Town of West New
York Police Department, Town of West New York Construction Department
and Town of West New York Fire Department shall, from time to time,
announced or unannounced, make an inspection of each massage business
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 and in compliance with this chapter. It
shall be unlawful and grounds for a suspension and/or revocation of
the license for any licensee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
All massage business(es) shall have a sign not less than 18
inches wide by 16 inches long on which shall be prominently stated
the hours during which said establishment shall be open. The sign
shall be displayed in such a manner that all persons frequenting the
establishment shall have an unobstructed view thereof.
No licensee licensed in accordance with this chapter shall commence
business before 8:00 a.m. and not after 8:00 p.m.
All licenses issued hereunder shall be exhibited in a conspicuous
location at all times.
The Town of West New York may, in lieu of revocation, impose
a fine or suspend a license issued pursuant to this chapter. Any person,
as defined above, who shall violate any of the provisions contained
in this chapter shall be subject to a fine not to exceed $1,000 or
be imprisoned for a period not to exceed 90 days, or both, for each
and every offense. Each separate day that the provisions of this chapter
are violated by any person, as defined herein, shall constitute a
separate and distinct offense and violation of this chapter.
All massage businesses and/or massage practitioners who presently
engage in the business of massage must comply with the provisions
of this chapter within 30 days of the effective date of this chapter.
A violation of the provisions of this chapter shall also constitute
grounds for the revocation of any license, permit or certificate issued
by the municipality relating to the premises in question.
No part of a massage business licensed pursuant to this chapter
shall be occupied or used or furnished for sleeping quarters and/or
living quarters.
No person, massage business or massage practitioner shall state,
represent, warrant, advertise or imply to a customer, potential customer
or to the public at large that the establishment is endorsed, regulated
or approved by the Town, or any department thereof, or is conducted
in compliance with the terms of this chapter.
No massage business will be located 500 feet of a school zone.
In the event that any applicant for a license shall have been
refused a license or in the event that any licensee shall have had
his license revoked or suspended, said person shall have the right
and privilege to appeal from such refusal to grant a license or suspension
or revocation of a license to the Board of Commissioners of the Town
of West New York; provided, however, that not less than five days'
written notice of such appeal shall have been served upon the Board
of Commissioners, either in person or by registered mail, return receipt
requested, and a date of hearing before the Board of Commissioners
shall be fixed no later than 30 days after the receipt of said notice
of appeal. Thereupon, the Board of Commissioners shall notify said
person of the place, date and time of hearing.
In the event that any section, subsection, or any part of this
chapter shall be declared invalid, such decision shall not be deemed
to affect the validity of any other section, subsection, or other
part of this code.
All ordinances or parts of same inconsistent with any provisions
of this chapter are hereby repealed to the extent of such inconsistency.
