[Added 8-8-2017 by Ord.
No. 2119-17]
The purpose of this article is to protect and preserve the health,
safety and welfare of the citizens of the City of Passaic and the
patrons of massage, bodywork and somatic therapy businesses.
As used in this article, the following terms shall have the
meanings indicated:
Any 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 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 who administers massage, bodywork and/or somatic
therapies for any form of consideration.
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.
A.
Massage, bodywork and somatic therapy establishment permit required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the City of Passaic 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 City
of Passaic in accordance with the terms and provisions of this section.
B.
Massage, bodywork and somatic therapist's permit required. No person
shall practice massage or related therapies as a massage, bodywork
or somatic therapist or otherwise unless he or she has a valid and
subsisting massage, bodywork and somatic therapist's permit issued
to him or her by the City of Passaic pursuant to the terms and provisions
of this section.
C.
Permits must be renewed annually by January 1.
Any person desiring a massage, bodywork and somatic 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 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 cell phone
numbers and facsimile, where business is to be conducted.
D.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists, employees of the business and outside
contractors and the name and residence address of the manager or other
person principally in charge of the operation of the business, which
list shall be kept current in the establishment.
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 issued a permit pursuant
to this section.
F.
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, shall
be provided:
(1)
The name, 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)
Written proof of age.
(4)
Height, weight, sex, and 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 by two inches in size.
(6)
The massage therapy or similar business history and experience, including,
but not limited to, the two previous business 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 and circumstances thereof. All applicants must execute the Authorization by Subject of Request and Privacy Act Notification Form SBI-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal listing name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For purposes of this check, the City of Passaic Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation. The cost of such criminal history name search shall be paid for by the applicant. A massage, bodywork and somatic therapy establishment permit may be denied to any person who has been convicted of a crime or other offense enumerated in § 90A-14 of this article.
G.
The names and addresses of three adults who will serve as character
references. These references must be persons other than relatives
and business associates.
H.
Any application submitted on or after the effective date of this
amendment shall include a scale drawing of the space proposed to be
used for massage, bodywork or somatic therapy.
The Division of Health, upon receiving an application for a
massage, bodywork and somatic therapy establishment permit, shall
refer the application to the Building Inspector, Fire Inspector and
Police Chief, 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. No massage, bodywork, and somatic therapy establishment
shall be issued a permit or be operated, established or maintained
in the City unless an inspection by the Health Officer, Building Inspector
and Fire Inspector reveals that the establishment complies with the
minimum requirements of the building and health codes for businesses
operating in the City of Passaic. In addition, the establishment must
comply with each of the following minimum requirements:
A.
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.
B.
Adequate dressing room facilities shall be provided for the patrons
to be served at any given time. In the event that male and female
patrons are to be served simultaneously, separate dressing and massage
room facilities shall be provided.
C.
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 part of the body.
D.
Adequate hand washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
A.
To be eligible for a permit as a massage, bodywork and somatic therapist,
an applicant shall submit satisfactory evidence of certification from
the State of New Jersey pursuant to the Massage. Bodywork and Somatic
Therapist Certification Act, P.L. 1999 N.J.R.S. 19.[1] In the event that such certification has not been made
available by the State of New Jersey, then satisfactory evidence of
the following must be submitted:
(1)
Successful completion of a minimum of 500 hours of in-class study
in the field of massage, bodywork or somatic therapy; or
(2)
Successful completion of the written examination offered by the National
Certification Board for Therapeutic Massage and Bodywork.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B.
For a period of 18 months after the date procedures are established by this section for applying for a permit to conduct massage, bodywork or somatic therapy in the City of Passaic, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this section or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this section and who has successfully completed a minimum of 200 hours of education or training in massage preceding the enactment of this section, may file an application to acquire a temporary permit to practice without satisfying the requirements in Subsection A above. Any person filing an application, 18 months or later after the enactment of this section, to be permitted as a massage, bodywork or somatic therapist in the City of Passaic must fulfill the requirements in Subsection A above.
C.
The following information concerning the application will also be
required:
(1)
The name, complete residence address and residence telephone number.
(2)
Previous addresses within the last five years prior to the present
address of the applicant.
(3)
Documentary proof of age.
(4)
Height, weight, sex and 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 by two inches in size.
(6)
The massage therapy or similar business history and experience, including,
but not limited to whether or not such a person has previously operated
in this or another city or state under a license or permit denied,
revoked or suspended and the reason thereof and the business activities
or occupations subsequent to such action or denial, suspension or
revocation.
(7)
All disorderly persons or criminal convictions, other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. All applicants must execute the Authorization by Subject of Request and Privacy Act Notification Form SBI-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal listing name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For purposes of this check, the City of Passaic Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation. The cost of such criminal history name search shall be paid for by the applicant. A massage, bodywork and somatic therapist's permit may be denied to any person who has been convicted of a crime or other offense enumerated in § 90A-14 of this section.
(8)
The names and addresses of three adults who will serve as character
references. These references must be persons other than relatives
and business associates.
A.
With the exception of massage, bodywork and somatic therapists and
establishment owners who are certified pursuant to P.L. 1999 N.J.R.S.
19[1] or have met the requirements of § 90A-12A or B, all applicants seeking a permit or temporary permit under this article shall be fingerprinted by the City of Passaic Police Department. The City of Passaic Police Department shall fingerprint such applicants on Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., or as otherwise determined by the City of Passaic Police Department. The applicant shall pay a fee of $10 to the Police Department for the cost of fingerprinting and shall also submit the applicable fee required by the New Jersey State Police.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B.
When said application is properly filled out, signed by the applicant
and has been filed with the Division of Health with all accompanying
information, the application shall be referred by the Division of
Health to the City 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 90 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 therapist or massage 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.
A.
Permits issued under this section may be revoked by 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 permit.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the City.
(3)
Any violation of this article.
(4)
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.
(5)
Conducting the permitted business in the City 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 permit 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 permittee at his/her last known address
at least five days prior to the date set for the hearing.
C.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days 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 City of Passaic.
D.
The City Administrator shall serve as hearing officer for any hearing
pursuant to this section.
The massage, bodywork and somatic therapy establishment shall
display its permit as well as the permit of each and every massage,
bodywork and somatic therapist employed in the establishment in an
open and conspicuous space 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.
B.
Price rates for all services shall be prominently posted 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 and shall be self-closing.
D.
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.
E.
It shall be unlawful for any person knowingly, in a massage, bodywork
and somatic therapy establishment, to fondle in any manner the buttocks,
genital area or female breast of any other person. No massage, bodywork
and somatic therapist, employee or operator shall offer to perform
any act that would require the touching of the patron's genital area.
F.
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.
G.
Oils, creams, lotions, and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
H.
Animals, except for Seeing-Eye dogs, shall not be permitted in the
massage work area.
I.
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 a patron.
J.
During the hours of operation that any facility and/or premises used,
operated and/or maintained as a massage, bodywork and somatic therapy
establishment are required, by the provisions of this chapter, to
be closed, all such facilities and/or premises used, operated and/or
maintained for massage, bodywork and somatic therapy shall be open
to public view from the public street or public thoroughfare. During
such period of time, a full view of the interior of such premises
from the public street shall not be obstructed by the use of nontransparent
glass or any shade, blind, shutter, screen, partition, curtain, or
any other article placed within or without the premises.
The Health Officer, Police Chief and/or the Building Inspector
shall, from time to time, at least twice a year, make an inspection
of each massage, bodywork and somatic 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. 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 and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters, nor shall 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 establishments in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A.
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, particularly, but
not limited to, laws proscribing prostitution, indecency and obscenity,
including the sale, uttering or exposing and public communication
of obscene material and 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 section.
B.
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 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 shall be automatically revoked.
The provisions of this section 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.
E.
By a reflexologist, certified accredited by an established reflexology
certification board, limited to the areas of the hands, ankles and
feet.
[Amended 3-21-2023 by Ord. No. 2390-23; 10-12-2023 by Ord. No. 2417-23]
The procedure for licensing and regulation set forth in Chapter 177 of the Code of the City of Passaic (Licenses), as well as the penalties for noncompliance with this article, are applicable in the City of Passaic, subject to the following provisions:
A.
In addition to the revocation or suspension of the permit granted under this article, any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in § 1-3 of these Revised General Ordinances.
B.
In addition to the provisions set forth in Subsection A, the owner of real property which leases such property to a massage, bodywork or somatic therapy establishment that employs or contracts any person who violates any provision of this article may be subject, upon the conviction thereof, to a fine: for the first offense, not less than $1,000 nor more than $1,500; for a second offense, not less than $1,500 nor more than $3,500; and not less than $3,500 nor more than $5,000 for a third and any subsequent offense.
C.
In the event that an owner of real property which leases such property to a massage, bodywork or somatic therapy establishment that employs or contracts any person who violates any provision of this article is determined to have known, or should have known, of such violation, the fines set forth above shall be doubled. An owner may be found to have knowledge of a violation sufficient to invoke the enhanced fines set forth in this Subsection C from the existence of prior violations at the building, whether or not the present owner was the owner of the building at the time of the earlier violations and whether or not the employee or business who engaged in the prior violations of this article is the same employee or business currently in violation of the provisions of this article.
D.
All facilities
and/or premises which are used, operated and/or maintained for massage,
bodywork, and somatic therapy shall pay the following fees to the
City Clerk of the City of Passaic at the time of initial application
for a license and at the time of the renewal thereof:
E.
All licenses
issued hereunder shall be subject to the following hours of operation:
7:00 a.m. through 11:00 p.m., Monday to Saturday; 7:00 a.m. through
6:00 p.m., Sunday.
Massage, bodywork and somatic therapy establishments and therapists
operating in the City of Passaic as of the date of the adoption of
this article must apply for a permit within 60 days of the effective
date of this article and must obtain a permit within 150 days of the
effective date of this article.
