[Adopted 4-19-2016 by Ord. No. 16-1911]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- MASSAGE, BODYWORK, AND SOMATIC THERAPIES
- 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 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 neural myofascial 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.
- MASSAGE, BODYWORK, AND SOMATIC THERAPIST
- Any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration, who is certified by the State of New Jersey.
- MASSAGE, BODYWORK, OR SOMATIC THERAPY ESTABLISHMENT
- Any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Highland Park in Middlesex County as or for a massage, bodywork or somatic therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Clerk of the Borough of Highland Park in accordance with the terms and provisions in this article.
Massage, bodywork and somatic therapist permit required. No person shall practice massage or related therapies as a massage, bodywork and somatic therapist, employee or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic therapist's license from the State of New Jersey.
Exceptions. The provisions of this subsection shall not apply, however, to any massage or related therapies as described herein which are given by therapists in the office of a licensed physician, chiropractor or physical therapist, or in a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists.
Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic therapy establishment or out-call massage, bodywork or somatic therapy service shall file an application with the Borough Clerk upon forms provided by said Clerk and pay an annual fee of $500.
Any person desiring a massage, bodywork or somatic therapy business permit shall file a written application with the Borough Clerk on a form to be furnished by the Borough Clerk. The applicant shall accompany the application with a tender of the correct fee as hereinafter provided and shall, in addition, furnish the following:
The type of ownership of the business (i.e., whether individual, partnership, corporation or otherwise).
The name, style and designation under which the business is to be conducted.
The business address and all telephone numbers, including facsimile, where business is to be conducted.
A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees in the business, and the name and residence address of the manager or other person principally in charge of the operation of the business. This list shall be kept up to date as new therapists and employees are hired by the business.
A copy of each massage, bodywork and/or somatic therapist's valid New Jersey state certificate and license issued pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11 53 et seq.
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, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business:
The name, complete residence address and residence telephone number;
The two previous addresses immediately prior to the present address of the applicant;
Written proof of age;
Height, weight, sex and color of hair and eyes;
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;
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 township, city, borough 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 or denial, suspension or revocation; and
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 fingerprint and criminal background check if said background check is required.
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 copy of a zoning permit of change of tenant occupancy issued by the Zoning Officer of the Borough of Highland Park specifically for such establishment, or a certificate of compliance with the conditions set forth by the Planning Board or Zoning Board of Adjustment of the Borough of Highland Park, specifically for such establishment, signed by the applicable Board Secretary. In cases where a construction and/or building subcode permit is required, the establishment permit under this ordinance will not become final until a certificate of occupancy is issued by the Construction Official of the Borough of Highland Park specifically for such establishment.
The Borough Clerk, upon receiving an application for a massage, bodywork or somatic therapy establishment permit, shall refer the application to, including but not limited to, the Construction Official, the Code Enforcement Department, the Fire Department, the Fire Marshal, the Police Department, the Health Department and the Zoning Officer, which departments' officers shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Borough Clerk concerning compliance with the codes that they administer.
No massage, bodywork or somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Borough unless an inspection by the Health Officer, Building Inspector and Fire Marshal reveals that the establishment complies with the minimum requirements of the building and health codes for businesses operating in the Borough of Highland Park.
In order to be employed by a massage, bodywork or somatic therapy establishment as a therapist, the therapist shall submit satisfactory evidence of a valid New Jersey State certificate of license issued pursuant to the Massage, Bodywork and Somatic Therapist Act, N.J.S.A. 45:11 53 et seq., to the Borough Clerk.
The massage, bodywork or somatic therapy establishment shall display its valid permit and that of each and every massage, bodywork and somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
Every portion of the massage, bodywork or somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Copies of employees' licenses and 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, bodywork or somatic therapists, shall be clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the premises.
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.
The sexual or genital area of patrons must be covered by towels, clothes or undergarments when in the presence of an employee or massage, bodywork or somatic therapist.
It shall be unlawful for any person knowingly, in a massage 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 a sexual or genital area of any other person.
No massage, bodywork or somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of the patron's sexual or genital area.
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 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 massage, bodywork and somatic therapies shall be kept in clean, closed containers or cabinets.
Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.
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 each patron.
The Borough Clerk and/or the Department of Health and/or the Department of Code Enforcement and/or Zoning Officer and/or Police Department, Fire Department or their designees shall, from time to time, at least twice a year, either on an announced or noticed basis or on an unannounced or unnoticed basis, make an inspection of each massage, bodywork or somatic therapy 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 part of any quarters of any massage, bodywork or somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage, bodywork or 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 a massage, bodywork or somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.
No owner or manager of a massage, bodywork or somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of New Jersey involving criminal sexual contact or criminal sexual acts, nor shall any owner or manager tolerate in his or her establishment any activity or behavior which violates this article. No owner shall fraudulently submit any information to the Borough of Highland Park when applying for a license issued pursuant to this article.
Any conviction of any employee of a massage, bodywork or somatic therapy establishment of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such club, it being specifically declared that, following such a conviction of an employee, the owner or manager of the club shall be prosecuted as an accessory to such a violation and the required permits will be automatically revoked.
Any permit authorized by this article may be denied, suspended or revoked by the Municipal Court Magistrate after notice and a hearing following the filing of a complaint for any of the following causes:
Fraud, misrepresentation or false statement in the application for the permit.
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business within the Borough.
Any repeated violations of this article. If any permittee violates the requirement of this article three times or is convicted of a crime, the permittee's license shall be immediately revoked.
Conviction of a crime involving moral turpitude, an offense involving sexual misconduct, keeping or residing in a house of prostitution, and any crime involving dishonesty.
Conducting the permitted business in the Borough in an unlawful manner or in such a manner as to constitute a danger to the health, safety or general welfare of the public.
Notice of the hearing for the denial, suspension or revocation of a permit shall be given, in writing, setting forth specifically the grounds therefor and the date, time and place of the hearing. Such notice shall be given personally or mailed to the permittee at the address provided on the application or permit at least five days prior to the date set for the hearing. The Municipal Court Magistrate shall have the authority to suspend or revoke permit(s) issued under this article in addition to fining the violator as provided for herein below.