It is declared that the operation of a massage establishment,
as defined in this chapter, is a business affecting the public health,
safety and welfare of the City of Hackensack and its residents. In
order to ensure the protection of the public health, safety and welfare,
the City of Hackensack finds that it must license and regulate such
establishments in a manner authorized by and consistent with state
statute and regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERTISEMENT
Any attempt, directly or indirectly, by publication, dissemination,
or circulation in print or electronic media, which directly or indirectly
induces or attempts to induce any person or entity to purchase or
enter into an agreement to purchase services related thereto from
a massage establishment or massage therapist.
EMPLOYEE
Any person other than a massage therapist who renders any
service in connection with the operation of a massage business and
receives compensation from the operator of the massage establishment
or its patrons.
LICENSEE
The operator of a massage establishment.
MASSAGE AND BODYWORK THERAPIES or MASSAGE SERVICES
Any system 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 and bodywork principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external 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.
MASSAGE ESTABLISHMENT
Any establishment, including, without limitation, a day spa,
where any person, firm, association or corporation engages in, carries
on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage and bodywork therapies" for
compensation of any kind.
MASSAGE THERAPIST
A person licensed to practice massage and bodywork therapies
pursuant to the provisions of the Massage and Bodywork Therapist Licensing
Act, N.J.S.A. 45:11-53 et seq.
PATRON
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
other consideration therefor.
PERSON
Any individual, firm, association, corporation or combination
of individuals of whatever form or character.
PRINT MEDIA
Newspapers, magazines, periodicals, professional journals,
telephone directories, circulars, handbills, flyers, billboards, signs,
business cards, match covers and other similar items, documents or
comparable publications, the content of which is disseminated by means
of the printed work.
No massage establishment shall operate or provide massage services within the City of Hackensack without obtaining a license from the Health Department in accordance with the provisions set forth hereunder and as set forth in Chapter
107, Licenses and Permits. The license to be issued is specific to massage establishments and is independent from any certificate of occupancy, zoning approval or any other approval that may be required by other provisions of the Code of the City of Hackensack ("City Code") for the use of any premises as a massage establishment.
A. In addition to the information required by Chapter
107, any person seeking to obtain a license to operate a massage establishment within the City of Hackensack must provide the following:
(1) A complete application, as provided by the Health Department of the
City of Hackensack, accompanied by an application fee in the amount
of $500.
(2) The business name and type of ownership of the business, i.e., whether
individual, partnership, corporation or any other form of organization.
A copy of the entity's business registration certificate (BRC) issued
by the Division of Revenue in the Department of the Treasury must
be provided.
(3) For each person having an ownership interest in the massage establishment:
(a)
Name, address, date of birth and Social Security Number; and
(b)
A copy of a driver's license, passport or other government-issued
photo identification. The copy shall be in color and of such quality
so that the owner is readily identifiable from the photograph; and
(c)
Completed Hackensack Police Department criminal background investigation application and waiver for each person having an ownership interest in the massage establishment. The applicant must pay for all fingerprint record check fees in accordance with §§
107-8.1 and
107-30.1 of the City Code.
(4) For each massage therapist who will provide massage and bodywork
therapies for the massage establishment:
(a)
Name, address, date of birth and Social Security Number; and
(b)
A copy of a driver's license, passport or other government-issued
photo identification for each massage therapist providing massage
services for the massage establishment. The copy shall be in color
and of such quality so that the massage therapist is readily identifiable
from the photograph; and
(c)
Completed Hackensack Police Department criminal background investigation application and waiver for each person having an ownership interest in the massage establishment. The applicant must pay for all fingerprint record check fees in accordance with §§
107-8.1 and
107-30.1 of the City Code; and
(d)
A copy of a valid certification or license issued by the New
Jersey Board of Massage and Bodywork Therapy for each massage therapist
who will provide massage and bodywork therapies for the massage establishment.
(5) Proof of appropriate liability insurance coverage with a reputable
company licensed by the State of New Jersey in an amount of not less
than $500,000 per occurrence and in the aggregate for all claims caused
by personal injury.
(6) Satisfactory proof that all applicable building, zoning, health and
fire code requirements have been met and inspection certificates issued.
B. Every massage establishment license issued pursuant to this chapter
shall expire on February 28, or February 29 in leap years, unless
sooner suspended or revoked, and shall be renewed upon compliance
with the licensure requirements above, except that the renewal fee
shall be $250 annually. Licensees shall submit an application for
renewal no later than February 15. Those failing to submit a timely
renewal application shall be required to reapply as and be subject
to the conditions and fees of an initial applicant. Every such establishment
existing as of the date this chapter becomes effective shall, within
60 days of adoption, comply with all of the requirements of this chapter,
except that the fee to be paid shall be $250.
C. Upon the effective date of this chapter, no new license shall issue
for a massage establishment to be located within 1,000 feet of an
existing massage establishment.
D. Licenses are nontransferable as to location and ownership. A new
application, including payment of the applicable fee, must be submitted
for any change of location and any change of ownership interest.
It shall be the responsibility of the owners of the massage
establishment and the holder of the license for the massage establishment
to ensure that all persons and massage therapists comply with the
provisions of this chapter.
The City Police Department, Health Officer, Fire Chief, Construction
Officer, Zoning Officer and/or Code Enforcement Officer may make inspections
of any and all parts of the massage establishment to ensure compliance
with the provisions of this chapter, the City Code, and the laws and
administrative codes of the State of New Jersey on no less than an
annual basis and shall be permitted to perform spot inspections without
need of obtaining any approval of the operator of the business or
an administrative search warrant.
In addition to the regulations set forth at N.J.A.C. 13:37A-3.1
et seq., every massage establishment must comply with each of the
following minimum requirements:
A. Each massage and bodywork therapy area/room shall be equipped with
a sink and an adequate area within each room for clients to store
personal items.
B. 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 massage or bodywork therapy, prescribing the conditions
thereof.
C. Client records must be kept for each and every client who receives
services from the massage establishment. These records shall include
at a minimum an intake form filled out by each customer to include
the customer's name, address, phone number, date of birth, date of
service, the specific service received, the licensed therapist's full
name and New Jersey State Massage and Bodywork Therapist License number,
and the signature of the client. These records must be stored on the
premises and available for review by the Health Department at all
times for a period of not less than two years from the date the service
was performed.
D. Signage specifying the age restriction and the required record keeping
requirements must be posted in English, conspicuously displayed and
clearly readable from the customer entrance of the establishment at
all times.
No part of any quarters of any massage establishment shall be
used for or connected with any bedroom or sleeping quarters nor shall
any person sleep in such massage establishment except for limited
periods incidental to and directly related to a massage and bodywork
therapy treatment or bath.
In addition to the revocation or suspension of the license granted under this chapter, any person and/or establishment violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by §
1-15 of the City Code.
The enforcement agent for the provisions of this chapter shall
be the Health Officer or his/her designee.