[HISTORY: Adopted by the Township Council of the Township
of Hamilton 10-18-2016 by Ord.
No. 16-050. Amendments noted where applicable.]
A.
It is hereby
declared that the business of operating a massage business, as defined
in this chapter, is a business affecting the public health, safety
and general welfare of the Township of Hamilton.
B.
New Jersey
Administrative Code, Title 13, Law and Public Safety, Chapter 37A,
New Jersey Board of Massage and Bodywork Therapy Rules (N.J.A.C. 13:37A-1.1
et seq.), as amended, deleted and supplemented, is hereby incorporated
into this chapter and made a part thereof.
[Added 1-3-2017 by Ord.
No. 16-055]
As used in this chapter, the following terms shall have the
meanings indicated:
The conduct, in accordance with applicable state and federal
laws, rules and regulations, of a check to determine whether a person
has a criminal record by exchanging and/or cross-referencing that
person's name and fingerprints with those on file with the Federal
Bureau of Investigation and the State Bureau of Identification in
the Division of State Police.
Any systems of activity of structured touch which include,
but are 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.
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.
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, P.L. 1999, c. 19, amended by P.L. 2007, c. 337,[1] shall be prohibited throughout the Township.
[1]
Editor's Note: See N.J.S.A. 24:11-53 et seq.
No person, firm or corporation shall operate any establishment
or utilize any premises in the Township for a massage, bodywork and
somatic therapy establishment unless or until such person, firm or
corporation has obtained a license for such establishment or premises
from the Municipal Clerk in accordance with the terms and provisions
of this chapter.
A.
All licenses shall be valid for a period of three years from the
date of issuance.
B.
Licensees may renew their licenses prior to expiration by filing
a new application with the Municipal Clerk in the manner prescribed
in this chapter and accompanied by the requisite fee.
C.
All licenses issued pursuant to this chapter shall expire at the
end of the respective calendar year. Renewal applications are due
by November 1 of that year the license expires.
Any person desiring a massage, bodywork and somatic therapy
establishment license shall file a written application with the Municipal
Clerk upon a form provided by the Clerk. The application form shall
contain 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,
where business is to be conducted.
D.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business, which shall be updated
for each new employee.
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 licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999, c. 19, amended by P.L. 2007, c. 337.[1]
[1]
Editor's Note: See N.J.S.A. 24:11-53 et seq.
F.
The following personal information concerning the applicant(s), 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
shall be provided:
(1)
The name, complete residence address and residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(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)
Provide any 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 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.
(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 criminal history record background
check by the Hamilton Township Police Division. Failure to execute
such a waiver and consent shall result in a denial of a license. Criminal
history record background check can be waived if the applicant holds
a current license issued by the State of New Jersey pursuant to the
Massage and Bodywork Therapist Licensing Act, P.L. 1999, c. 19, amended
by P.L. 2007, c. 337.
(8)
The fingerprints of the applicant(s).
A.
The Municipal Clerk, upon receiving an application for a massage,
bodywork and somatic therapy establishment license, shall refer the
application to the various applicable municipal departments for review
and conformance with applicable state and Township codes for such
an establishment.
B.
No massage, bodywork and somatic therapy establishment shall be issued
a license or be operated, established or maintained in the Township
unless inspections by the appropriate municipal departments reveal
that the establishment complies with the minimum requirements of the
Uniform Construction Code and health codes for businesses operating
in the Township. In addition, the establishment must comply with each
of the following minimum requirements:
(1)
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall be constructed of material with surfaces which are
smooth, nonabsorbent, and which may be readily disinfected.
(2)
A public rest room shall be available to clients and employees during
all business hours.
(3)
Water closets and lavatories shall be in conformance with the regulations
set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(4)
If bathing, dressing and locker facilities are provided for the patrons
and male and female patrons are served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
(5)
The premises shall have adequate equipment for disinfecting nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials shall be disinfected after use on each patron.
(6)
Adequate hand washing facilities shall be available within the premises
to maintain clean hands and arms of all employees before, after and
during treatments.
(7)
Hand sinks shall be provided with hot and cold water capable of delivering
running water under pressure at a temperature of 90° to 110°
F.
(8)
Liquid soap and disposable paper towels shall be conveniently located
to each hand washing facility.
A.
When said application is properly filled out, signed by the applicant
and has been filed with the Municipal Clerk with all accompanying
information, the application shall be referred by the Clerk to the
Hamilton Township Police Division and Hamilton Township Division of
Health. The Chief of Police and the Health Officer or their designee(s)
shall investigate the information available as to the applicant's
business and good moral character of the applicant as deemed necessary
for the protections of the public health, welfare and safety.
B.
If as a result of such investigation the applicant's character
or business responsibility is found to be unsatisfactory or that the
issuance of a license to the applicant would present a danger to the
public health, welfare or safety, the Chief of Police and/or the Health
Officer shall indicate on such application his/her disapproval and
reasons for same and return the application to the Township Clerk,
who shall notify the applicant that the application is disapproved.
C.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory and the issuance of
the license to the applicant will present no danger to the public
health, safety and welfare, the Chief of Police and the Health Officer
shall indicate their approval on the application and return the application
to the Township Clerk, who shall execute and deliver to the applicant
the license. A copy and any renewals, suspensions or revocations of
the license shall be kept on file in the Hamilton Township Division
of Health.
D.
Any applicant denied a license pursuant to the provisions set forth
in this chapter may appeal to the Township Council, in writing, stating
reasons why the license should be granted. The Council may grant or
deny the license. The Council may also review any determination of
the Chief of Police and/or the Health Officer granting or denying
a license on its own motion.
A.
Licenses issued under this chapter may be revoked by the Chief of
Police and/or the Health Officer, after notice and a hearing, for
any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business in the Township.
(3)
If the Chief of Police, Health Officer or their designee is denied
access to the premises for the purpose of conducting an inspection.
(4)
Any violation of this chapter.
(5)
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution,
and any crime involving dishonesty.
(6)
Conducting the licensed business in the Township in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for the revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the licensee at his/her last known address
at least five days prior to the date set for the hearing.
C.
Such license may, pending revocation proceedings, be suspended for
not more than 10 days by the Chief of Police and/or the Health Officer
if, in his/her opinion, the conduct of the licensee is detrimental
to the health, safety and general welfare of the Township.
D.
The Chief of Police and/or the Health Officer or their designee shall
serve as hearing officer for any hearing pursuant to this subsection.
The licenses issued under this chapter may be immediately suspended
by the Chief of Police and/or the Health Officer or their designee
for the following reasons:
The massage, bodywork and somatic therapy establishment shall
display its license as well as the New Jersey license 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 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. A broad spectrum antimicrobial disinfectant
shall be used.
B.
Price rates for all services shall be prominently posted (brochures
or price list) 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, be self-closing, and be nonlockable.
D.
The hand wash sink shall be used solely for the washing of hands,
arms and other parts of the body.
E.
Hand sinks shall be supplied with liquid soap and disposable hand
towels at all times.
F.
Every area of the establishment shall be provided with lighting capable
of providing a minimum of 50 footcandles of artificial light. Lighting
may be dimmed during treatment sessions.
G.
Massage tables shall be maintained in good condition.
H.
Toilet paper, covered trash, liquid hand soap and disposable paper
towels or alternate means of hand drying shall be provided in rest
rooms.
I.
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.
J.
Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high heat setting in a clothes dryer.
K.
Linens used in a licensed establishment may not be laundered in a
private home.
L.
Closed containers shall be provided for soiled linens.
M.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
N.
No massage, bodywork or somatic therapy shall be knowingly served
on any patron infected with any fungus or other skin infection, nor
shall service be performed on any patron exhibiting skin inflammation
or eruptions unless a duly licensed physician has certified that person
may be safely served.
O.
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 a sexual or genital area of any other person. 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 sexual or genital area.
P.
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.
Q.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
R.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
S.
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.
T.
Hours of operation. No such business shall begin operations before
9:00 a.m. or continue after 10:00 p.m. Monday through Friday, 8:00
a.m. or continue after 8:00 p.m. on Saturday, and 9:00 a.m. or continue
after 6:00 p.m. on Sunday.
A.
The Chief of Police and Health Officer and/or their designees are
authorized to conduct random inspections of massage, bodywork and
somatic therapy establishments granted a permit 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
unannounced but shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any licensee or employee of the licensee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
B.
The operator shall permit access to all parts of the establishment,
and all pertinent records required for the inspection shall be made
available to the health authority representative for review.
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 may 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 establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A.
No owner 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,
including the sale, uttering or exposing and public communication
of obscene material; laws which relate to the commission of sodomy,
adultery and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which
violates this chapter.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes may devolve upon the owner or manager of such establishment,
it being specifically declared that following such conviction of an
employee, the owner or manager of the establishment may be prosecuted
as an accessory to such violation and the licenses which have been
issued may be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A.
In the office of licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanitarium
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 license granted
under this chapter, any person violating any provision of this chapter
shall be subject to a fine in the amount no lower than $500 and no
more than $2,000 as determined by the Municipal Court Judge.
A.
Any person whose license has been revoked under the provisions of
this chapter may apply to be relicensed upon filing of proof that
all loss caused by the actor or omissions for which the license was
revoked had been fully satisfied and that all conditions imposed by
the decision of the revocation have been complied with.
Whenever notice is required or permitted to be given by this
chapter, such notice may be effected by personal service upon the
licensee if an individual or any general partner, if a partnership,
or upon any corporate officer, if a corporation, or alternatively,
to any of foregoing, by certified mail, return receipt requested,
to the last address listed in the Municipal Clerk's office in
conjunction with the license information. It shall be the duty of
each licensee to keep the Township advised of any subsequent change
of address. Upon failure of a licensee to comply with this requirement,
any notice returned with the notation "unknown," "moved," or "not
claimed" shall be deemed proper service of all notices required by
this chapter.
A.
Every applicant for a license to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Municipal Clerk upon a form provided by the Clerk and pay a fee set forth in Chapter 215, Fees, of the Township Code, which shall be nonrefundable, unless the applicant voluntarily withdraws the application within five days of filing and can demonstrate that it has not operated the business for which the application is pending during said five-day period, in which event $50 shall not be refundable.[1]
B.
Additional fees to conduct the criminal history record background
check, fingerprinting and related items shall be in the maximum amount
set, and subject to change, by the state.
