[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 2-02 (Ch.
4, Sec. 4-13, of the 1978 Revised General Ordinances); amended in
its entirety 3-7-2017 by Ord. No.
02-17. Subsequent amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Massage and Bodywork Therapist Licensing Act, L. 1999,
c. 19, and L. 2007, c. 337, codified at N.J.S.A. 45:11-53 et seq.,
as may be amended from time to time.
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, explaining and describing myofascial movement, self-care
and stress management as it relates to massage and bodywork therapies.
Massage and bodywork therapy practices are designed to affect the
soft tissue of the body for the purpose of promoting and maintaining
the health and well-being of the client. Massage and bodywork therapies
do not include the diagnosis of illness, disease, impairment or disability.
Any person licensed pursuant to the provisions of the Act.
Any establishment wherein massage and bodywork therapies
are administered or are permitted to be administered, when such therapies
are administered for any form of consideration.
The knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be
construed by a reasonable person to be motivated by one's own prurient
interest or for sexual arousal or gratification. "Sexual contact"
includes, but is not limited to, the imposition of a part of the one's
body upon a part of the client's body, sexual penetration, or the
insertion or imposition of any object or any part of an employee's
or client's body into or near the genital, anal or other opening of
the other person's body. "Sexual contact" does not include the touching
of a client's body which is necessary during the performance of a
generally accepted and recognized massage and bodywork therapy procedure.
The New Jersey Board of Massage and Bodywork Therapy.
A.
Massage and bodywork therapy establishment permit required. No person,
firm or corporation shall advertise or hold itself out as offering
massage and/or bodywork therapies or operate any establishment or
utilize any premises in the Township of Denville as or for a massage
and/or bodywork therapy establishment unless or until such establishment
is registered with the New Jersey Board of Massage and Bodywork Therapy
pursuant to N.J.S.A. 45:11-76 and there has first been obtained a
permit for such establishment or premises from the Township of Denville
Division of Health in accordance with the terms and provisions of
this chapter. If the applicant is in the process of obtaining or renewing
a registration from the State Board, he/she may submit other evidence
from the State Board that an application for registration has been
made, provided that the applicant shall submit a copy of the registration
once it has been issued by the State Board.
[Amended 4-6-2019 by Ord.
No. 06-19]
B.
Massage and bodywork therapist's license required. No person shall
practice massage or bodywork therapies as a massage and/or bodywork
therapist or otherwise unless he or she has a valid massage and bodywork
therapist's license issued to him or her by the Board of Massage and
Bodywork Therapy pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C.
13:37A-1.1 et seq., as same may be amended and supplemented from time
to time.
C.
Establishment permits shall be issued for a term of one year expiring
May 31 and must be renewed annually by June 1. All establishments
in existence as of the effective date of this chapter must submit
an application for a permit by June 1, 2017.
Any person desiring a massage and bodywork therapy establishment
permit shall file a written application with the Division of Health
upon a form to be furnished by the Health Officer. The application
form for each initial permit and subsequent renewal thereof shall
contain the following information:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation, limited liability corporation, limited liability
partnership or otherwise.
B.
The trade name, style and designation under which the business is
to be conducted.
C.
The business address, e-mail address and all telephone numbers, including
cell phone numbers and facsimile, where the business is to be conducted.
D.
A complete list of the names and residence addresses of all managers
or other persons principally in charge of the operation of the business,
which list shall be kept current in the establishment.
E.
A sworn notarized statement indicating that all massage and bodywork
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been issued a license
by the New Jersey Board of Massage and Bodywork Therapy and a copy
of the license for each such therapist currently employed, as well
as the residence address for each such therapist. Within 30 days of
the hiring of each additional massage and bodywork therapist, a copy
of each such therapist's license, as well as the therapist's residence
address shall be provided to the Division of Health.
F.
The following personal information concerning the applicant, if a
sole proprietorship, the individual; if a corporation, each stockholder
holding more than 10% of the stock of the corporation, each officer
and each director; if a partnership or limited liability corporation
or limited liability partnership, the members or partners, including
limited partners; and, concerning the manager or other person principally
in charge of the operation of the business; shall be provided:
(1)
The name, including nicknames and aliases, complete residence address
and residence telephone number.
(2)
The two previous residential and business addresses immediately prior
to the present address of the applicant.
(3)
Copy of current driver's license or other government issued ID.
(4)
Height, weight, sex, color of hair and eyes.
(5)
Three front-face portrait photographs at least two inches by two
inches in size, taken within 30 days of the date of the application.
The full legal name and any nickname or alias of the individual in
the photograph shall be printed on the rear side of each photograph.
A photocopy of the front and back of a valid government-issued photo
identification may be provided in lieu of photographs.
[Amended 4-6-2019 by Ord.
No. 06-19]
(6)
The massage therapy or similar business history and experience, including,
but not limited to, the two previous business and residential addresses
and telephone numbers immediately prior to the date of the application
and 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 disorderly persons and criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted together with details of the offense for the arrest or conviction and the circumstances thereof. A massage and bodywork therapy establishment permit may be denied to any person who has been convicted of a crime or other offense enumerated in § 338-10 of this chapter.
G.
All applications shall include a scale drawing of the space proposed
to be used for massage and bodywork therapy, including a floor plan,
building layout and diagram as well as a copy of the business license,
zoning permit and/or certificate of occupancy, as applicable.
H.
A copy of a current New Jersey massage and bodywork employer registration
issued by the New Jersey Board of Massage and Body Work Therapy. If
the applicant is in the process of obtaining or renewing a registration,
he/she may submit other evidence from the State Board that an application
for registration has been made, provided that the applicant shall
submit a copy of the registration once it has been issued by the State
Board.
I.
Copy of the signed lease for the property location where the proposed
establishment will be in operation. The applicant must be listed as
the lessee on the lease.
[Added 4-6-2019 by Ord.
No. 06-19]
Any person desiring to renew an existing, valid massage and bodywork therapy establishment permit where there has been no change in the type of ownership; trade name, style and designation; applicant's legal name; or applicant's disorderly persons/criminal conviction status, shall comply with the requirements of § 338-3, except that compliance with §§ 338-3A, 338-3B, 338-3F(5), 338-3F(7) and 338-3H shall not be required. If there has been a change in any of the above information, the person desiring to renew the permit shall comply with all of the provisions of § 338-3. Renewal applications must include any employee photographs not previously provided.
A.
The Division of Health, upon receiving an application for a massage
and bodywork therapy establishment permit, shall make or cause to
be made an inspection of the premises to be licensed to ensure compliance
with the sanitary and operational requirements set forth in this chapter
and all other applicable Township and State of New Jersey regulations.
In addition, the application shall be referred to the Construction
Official, Fire Prevention Official, Police Chief, Zoning Official
and any other pertinent Township Official who shall inspect the premises
proposed to be operated as such an establishment and shall make written
recommendations to the Health Officer concerning compliance with the
codes that they administer.
B.
Upon completion of the inspection of the premises to be permitted, the Health Officer or his/her designee shall prepare a report detailing all inspection findings, including violations and required corrective measures to be taken prior to the issuance of a permit under this chapter. A copy of the report shall be provided to the applicant. An applicant that fails to take all required corrective measures detailed in an inspection report issued by the Health Officer or his/her designee shall be subject to the penalties set forth in § 338-15 and/or denial of the permit.
C.
No massage and bodywork therapy establishment shall be issued a permit
or be operated, established or maintained in the Township unless an
inspection by the Health Officer, Construction Official and Fire Prevention
Official reveals that the establishment complies with the minimum
requirements of the Building and Health Codes and other applicable
regulations for businesses operating in the Township of Denville.
Upon the Health Officer's determination that the establishment complies
with all sanitary and operational requirements set forth in this chapter
and all other applicable Township and State of New Jersey regulations,
the Health Officer shall endorse the application noting approval or
disapproval.
D.
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 have surfaces which may be readily disinfected, and
shall be maintained in a sanitary condition and regularly cleaned
and disinfected.
(2)
Adequate procedures shall be established and observed to provide
for the disrobing in private of the patrons to be served at any given
time. In the event that male and female patrons are to be served simultaneously
and request separate facilities, separate dressing areas and massage
room facilities shall be made available,
(3)
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(4)
Adequate handwashing facilities shall be provided at convenient locations
as necessary to maintain clean hands and arms of all employees during
hours of operation.
(5)
The regulations set forth at N.J.A.C. 13:37A-1 et seq. as same may
be amended and supplemented from time to time.
A.
Unless an applicant for a massage and bodywork therapy establishment
permit or renewal thereof can produce proof satisfactory to the Police
Chief that a criminal background check was conducted at the time of
registration with the New Jersey Board of Massage and Bodywork Therapy
pursuant to N.J.S.A. 45:11-76 and N.J.S.A. 45:11-80, all applicants
seeking a massage and bodywork therapy establishment permit, renewal
or temporary permit under this chapter shall respond to the Denville
Township Police Department with a current driver’s license or
other government-issued photo identification. The applicant shall
be provided with a fingerprint application form to obtain fingerprints
from a vendor licensed by the State of New Jersey. The applicant,
at the applicant’s expense, shall respond to the authorized
fingerprint vendor’s location for a fingerprint check.
[Amended 4-6-2019 by Ord.
No. 06-19]
B.
When said application for a massage and bodywork therapy establishment
permit is properly filled out, signed by the applicant and has been
filed with the Health Officer with all accompanying information, the
application shall be referred by the Health Officer to the Township
Police Department. The Chief of Police or his or her designee shall
investigate the information available as to the good moral character
of the applicant, and shall recommend approval or disapproval of the
application within 30 days. Reasons for a recommendation of disapproval
shall be set forth in writing on the reverse side of the application.
In evaluating a criminal record of an applicant, the Chief of Police
must consider whether the offense relates adversely to the occupation
of a massage and bodywork therapist establishment pursuant to the
criteria set forth in N.J.S.A. 2A:168A-2 et seq. The application shall
be returned to the Health Officer who will either issue the permit
or notify the applicant of a denial.
C.
Except for massage and bodywork therapists who have been issued a license by the New Jersey Board of Massage and Bodywork Therapy and other employees who have been issued a current license pursuant to the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq. or have been issued a current medical license by the State of New Jersey for those professions set forth in § 338-15 and have had a criminal history background check as a condition of the issuance of such license, all employees of a massage and bodywork establishment that is subject to this chapter, including paid and non-paid employees and volunteers operating in the establishment, shall apply for a criminal history background check in accordance with the procedure set forth in Subsection A and which background check shall be subject to approval of the Chief of Police as set forth in Subsection B of this section. The disapproval by the Chief of Police of the background check of any employee will constitute cause for denial or revocation of a permit.
[Amended 4-6-2019 by Ord.
No. 06-19]
D.
Before a prospective employee, as defined in Subsection C above, may be employed by an establishment to which a permit has been issued, such prospective employee must provide his/her residence address, apply for a criminal history background check in accordance with the procedure set forth in Subsection A of this section, and submit proof satisfactory to the Health Officer that they have applied for the criminal history background check. Such person shall be employed only on a probationary basis, not to exceed 30 days, until the background check has been provided to and approved by the Chief of Police or his designee as set forth in Subsection B of this section and the Health Officer so notified. Prior to beginning employment, the prospective employee shall also provide to the Health Officer three front-face portrait photographs at least two by two inches in size, taken within 30 days of the date of the hiring. The full legal name and any nickname or alias of the employee in the photograph shall be printed on the rear side of each photograph. A photocopy of the front and back of a valid government-issued photo identification may be provided in lieu of photographs.
[Amended 4-6-2019 by Ord.
No. 06-19]
A.
All permit applications under this chapter shall be reviewed and
approved or denied by the Health Officer. Any permit issued pursuant
to this chapter shall be valid only to the sole proprietorship, partnership,
limited liability partnership or company, corporation or any other
form of business organization to which the permit was issued and shall
not be transferable to another premises.
A.
Any person, firm, corporation or other entity found to be operating any establishment or utilizing any premises in the Township of Denville as or for a massage and bodywork therapy establishment after having been denied a permit or after failing to renew a permit may be ordered closed by the Health Officer or his/her designee or the Chief of Police or his designee in addition to the general penalties set at Chapter 1, Article II, General Penalty, of the Township Code.
B.
Permits issued under this chapter may be suspended by the Health Officer or his/her designee, the Construction Official, the Fire Prevention Official or the Chief of Police or his/her designee, provided that the Health Officer is so notified within 24 hours of the suspension, in accordance with Subsection D, or be revoked or suspended by the Township Council, or by a hearing officer duly appointed by the Township Council, after notice and a hearing, as applicable, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the permit.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Township.
(3)
Conviction of an offense involving moral turpitude, a felony, an
offense involving sexual misconduct, keeping or residing in a house
of prostitution and any offense involving dishonesty.
(4)
Conducting the permitted 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.
(5)
Failure to submit a valid State of New Jersey Massage and Bodywork
Employer Registration issued by the New Jersey Board of Massage and
Bodywork Therapy.
(6)
Employing or otherwise permitting persons to perform massage or bodywork
therapy in the establishment who are not currently licensed by New
Jersey Board of Massage and Bodywork Therapy as massage and bodywork
therapists.
(7)
The owner and/or operator or any employee refuses to permit, hinders,
or obstructs, the Health Officer or his/her designee or any duly authorized
police officer or official to inspect the premises or the operation
therein.
(8)
Any violation of this chapter.
C.
Notice of the hearing for the revocation of a permit shall be given,
in writing, by the Health Officer setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall contain a brief statement of the grounds to be relied upon for
revoking, cancelling, or suspending such license. Notice may be given
either by personal delivery thereof to the person to be notified or
be deposited in the United States Post Office in a sealed envelope,
postage prepaid, addressed to such person to be notified at the business
address appearing upon such permit by simultaneous regular mail and
certified mail, return receipt requested. A hearing for the revocation
of a permit shall be held within 10 business days of the date of the
notice.
D.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 business days (Monday through Friday excluding holidays)
by the Health Officer if, in his/her opinion, the conduct of the permittee
is detrimental to the health, safety and general welfare of the Township
of Denville.
E.
At the hearing before the Township Council, or a hearing officer
duly appointed by the Township Council, the permittee shall have an
opportunity to answer and may thereafter be heard, and upon due consideration
and deliberation by the Township Council, or the hearing officer,
the complaint may be dismissed, or if the Township Council, or the
hearing officer concludes that the charges have been sustained and
substantiated, it may suspend or revoke the permit or deny reinstatement
of the permit, as applicable, and stipulate the conditions required
for reinstatement of the permit.
F.
If any such permit shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another permit to carry on the same business within the Township,
unless the application for such permit shall be approved by the Township
Council.
G.
A person, firm, corporation or other entity whose permit has been
revoked or suspended shall close the establishment and request all
patrons to vacate the premises.
The massage and bodywork therapy establishment shall display
its state issued registration and the permit issued by the Township
as well as the original or duplicate license, in accordance with N.J.A.C.
13:37A-3.4, as same may be amended from time to time, of each and
every massage and bodywork therapist employed in the establishment
in an open and conspicuous space near the public entrance to the establishment
and at eye-level where they may be viewed by all entering the establishment.
A two-inch by two-inch passport sized color photo of the licensed
therapist must be affixed to, in a manner not to obscure, the displayed
license of each and every massage and bodywork therapist employed
by the establishment. In addition, all therapists on site must have
in their possession a valid government issued photo identification.
Every massage and bodywork therapy establishment shall comply
with the following:
A.
Every portion of the massage and bodywork therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B.
The hours of operation for the establishment shall be posted conspicuously
and unobstructed where these may be viewed from the outside of the
establishment. The following signage shall be posted conspicuously
and unobstructed in the reception area where these may be viewed by
patrons:
[Amended 4-6-2019 by Ord.
No. 06-19]
(1)
Price rates for all services provided by the establishment, provided
that price rates may be available in the reception area in pamphlet
form in lieu of signage.
(2)
A sign reading, "Consumer complaints regarding this establishment
may be made by calling the Denville Township Division of Health" along
with the telephone number for the Division. The Division shall provide
the sign.
C.
The public entrance to the establishment and any door leading to
areas wherein corridors for rooms where massage and bodywork therapy
work areas are located shall be unlocked while the establishment is
providing services to clients. Use of remote locking and unlocking
systems and/or intercom systems to permit entry into the establishment
shall be prohibited.
D.
A landline telephone shall be made available in the establishment.
Emergency telephone numbers for EMS, the Township's Police Department,
Fire Department, and Health Department along with "911" shall be posted
conspicuously and unobstructed from view adjacent to the telephone.
E.
All employees shall be clean and wear clean, nontransparent outer
garments. Facilities for patrons to disrobe in private must be available
on the premises, or suitable procedures for the privacy of patrons
while disrobing must be observed. Doors to such facilities shall open
inward. Doors to such facilities that also serve as restrooms shall
be self-closing.
[Amended 3-7-2023 by Ord. No. 04-23]
F.
All massage and bodywork 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. Receptacles shall be provided for the depositing of soiled
and used linens. Such receptacles shall be kept clean and shall be
of nonabsorbent and easily cleanable design. All clean linens shall
be stored in such a manner so as to prevent contamination.
[Amended 3-7-2023 by Ord. No. 04-23]
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 and bodywork therapies shall be kept in clean closed containers
or cabinets. Single-service products shall be used when available.
I.
Animals, except for service animals, shall not be permitted in the
massage work area.
J.
Each massage and bodywork therapist shall wash his or her hands up
to and including the elbows in hot running water, using a proper soap
or disinfectant before administering a massage or bodywork therapy
to a patron. All restroom and workstation hand wash sinks are to be
stocked with liquid hand soap and paper towels. Restroom handwash
sinks must have signs conspicuously displayed with the following language:
“Employees must wash hands after using the restroom.”
[Amended 4-6-2019 by Ord.
No. 06-19]
K.
Rooms wherein massage or bodywork therapy is provided shall not have
any type of locking device nor shall such rooms be locked while occupied
by a client and the therapist. This requirement shall not preclude
the licensee from using signage on the exterior side of the door to
the room to indicate when said room is occupied by a client and a
therapist.
L.
No massage establishment shall knowingly serve any patron infected
with any fungus or other skin infections, nor shall service be performed
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with a massage or bodywork therapy, prescribing the conditions
thereof.
M.
A written disinfection plan for all linens, towels and reusable instruments
used by the establishment must be approved by the Division of Health,
kept on site and be available for review by the inspecting official
at all times. The written disinfection plan shall outline the method
and frequency for laundering of linens, towels, and cleaning of reusable
instruments, along with information on chemical disinfectants, sanitizers,
or germicidal agents used. The establishment must operate in conformance
with the approved plan at all times.
[Amended 4-6-2019 by Ord.
No. 06-19]
N.
Client records must be maintained for each and every client who receives
services from the massage establishment in accordance with the requirements
of N.J.A.C. 13:37A-5.2, as same may be amended and supplemented from
time to time. Access to these records shall be provided in accordance
with the provisions of N.J.A.C. 13:37A-5.3, as same may be amended
and supplemented from time to time.
O.
Access to a sanitary restroom shall be provided for clients at all
times.
P.
The massage and bodywork establishment shall conform to and observe
all applicable rules, regulations and prohibitions set forth in N.J.A.C.
13:37A, as same may be amended and supplemented from time to time.
The Health Officer, the Police Chief, the Fire Prevention Officer
and/or the Construction Official or their qualified designees shall,
from time to time, at least once a year, make an inspection of each
massage and bodywork therapy establishment granted a permit under
the provisions of this section for the purpose of determining whether
there is compliance with the provisions of this section and/or applicable
rules, regulations and laws. 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 and bodywork therapy
establishment shall be used for or connected with any bedroom or sleeping
quarters nor shall any person sleep in such massage and bodywork therapy
establishment except for limited periods of time incidental to and
directly related to a massage and bodywork therapy treatment or bath.
No beds or mattresses shall be permitted in the establishment. This
provision shall not preclude the location of massage, and bodywork
therapy establishments in separate quarters of a building housing
a hotel or other separate businesses or clubs.
A.
No owner or manager of a massage and bodywork therapy establishment
shall allow, permit or suffer 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
allow, permit or suffer in his or her establishment any activity or
behavior which violates this section.
B.
Any conviction of any employee of a massage and bodywork 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 permits which have been issued may be revoked pursuant to the procedures set forth in § 338-8, Cause for closure; suspension or revocation of permit.
C.
It shall be unlawful for any person knowingly, in a massage and bodywork
therapy establishment, to engage in sexual misconduct as set forth
in N.J.A.C. 13:37A-3.5, as same may be amended and supplemented from
time to time.
D.
The following activities are prohibited in the licensed establishment:
(1)
Table showers.
(2)
Ear candling.
(3)
Any procedure that involves ear picks, ear scoops or ear spoons.
(4)
Any activities or therapies that utilize any form of terrestrial
or aquatic animals during therapy including but not limited to fish
foot spas.
(5)
Any activities or therapies that utilize animal waste or products
that contain animal waste as an ingredient.
(6)
Colon cleansing.
E.
Pest control or sprays are prohibited unless performed by NJDEP licensed
pest control contractors.
F.
On-premises laundering is restricted to only those linens and towels
used within the operation.
G.
No bulk food storage or meal preparation is permitted on the premises.
H.
No person under the age of 18 years shall be served unless accompanied
by a parent or guardian.
I.
No alcoholic beverages shall be stored or consumed on the premises.
A.
Prior to the initial construction and or any subsequent alteration
or renovation of an establishment licensed under this article, a floor
plan detailing the proposed layout of all equipment and areas shall
be submitted to the Denville Health Officer by the applicant. Such
plans shall be drawn to scale.
B.
Upon receipt of such plans, the Denville Health Officer shall review
the plan for compliance with this chapter within 30 days of receipt.
C.
The applicant shall pay the plan review fees as set forth in Chapter 245, Fees, Rates and Charges, to the Denville Health Department simultaneously with the submission of the plans to be reviewed.
D.
No construction, alterations, or renovations shall occur until approval
of said plans has been provided by Denville's Health Officer.
E.
No construction, alterations, or renovations shall occur until the
said plans have also been approved by the Township Zoning Officer,
Construction Official or other departments under all applicable Township
ordinances, and the Planning Board or Board of Adjustment, if required.
The provisions of this chapter shall not apply to massage and
bodywork 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, esthetician or cosmetologist/hairstylist limited
to the areas of the face, neck, scalp or upper part of the body, or
manicurists or pedicurists, as set forth in the Cosmetology and Hairstyling
Act of 1984, N.J.S.A. 45:5B-1 et seq.; or
E.
By a reflexologist, certified accredited by an established reflexology
certification board, limited to the areas of the hands, ankles and
feet; or
F.
As set forth in N.J.S.A. 45:11-68; or
G.
In a public venue in connection with a public event, such as a street
fair or festival or in a private corporate event, where the massage
is conducted in public and not in a private setting.
The Health Officer and his/her qualified designee and/or any
police officer of the Township shall be the enforcement agents for
purposes of any permit issued pursuant to or required by this chapter.
No person, firm, corporation or other entity shall operate any
establishments or utilize any premises located in the Township of
Denville as or for a massage and bodywork therapy establishment without
complying with the requirements of this chapter, as well as the regulations
of the State of New Jersey, including N.J.S.A. 45:11-53 through N.J.S.A.
45:11-79 and N.J.A.C. 13:37A-1.1 et seq. as the same may be amended
and supplemented from time to time.
