[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield 9-23-2003 by Ord. No. 03-2311; amended in its entirety 8-21-2018 by Ord. No. 18-2530. Subsequent amendments noted where applicable.]
A.
Purpose. To regulate establishments that have as their primary purpose
a massage business, as defined below, which shall be a permitted conditional
use in the B-1 Zone and are expressly subject to the conditions as
set forth in said area and shall not be permitted as a primary use
in any other zone of the Borough of Bergenfield.
B.
MASSAGE BODYWORK AND SOMATIC THERAPY
MASSAGE BUSINESS(ES)
MASSAGE WORK AREA
MASSAGE, BODYWORK AND SOMATIC THERAPIST
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
PERSON
Definitions.
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 and treatment of illness, disease, impairment
or disability.
Any establishment located in a fixed place of business on
a nonresidential property owned, leased, operated or controlled by
any person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this chapter. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy and bathroom establishment.
Any room, floor or section of a massage business where massage,
bodywork, pressure and/or somatic therapies as herein defined are
carried out.
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53.
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.
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation, a voluntary association or incorporated association.
"Persons" shall specifically include and apply to individual owners
or massage businesses, as well as the entity(ies).
C.
Location, parking and approval.
(1)
The premises in question must be located in the B-1 Zone.
(2)
The lot must not be located within 100 feet of a church and/or house
of worship.
(3)
The lot must not be within 100 feet of a day-care center.
(4)
The lot must not be within 100 feet of a school.
(5)
The premises and all other structures lawfully thereon must in all
other respects comply with the zoning requirements for the B-1 District,
as established by the Zoning Ordinance of the Borough of Bergenfield,
except that the parking requirements shall be determined in accordance
with the Zoning Ordinance of the Borough of Bergenfield, as made applicable
to the use of retail store or shop, personal service establishment
as set forth therein.
(6)
The premises devoted to the massage parlor shop shall not exceed
2,500 square feet in area.
(7)
Site plan approval must be obtained from the Planning Board, as required.
D.
Nonlicensed therapist prohibited. The administering of massage, bodywork
and/or somatic therapies of any form or 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 2007,
c. 337,[1] shall be prohibited in the Borough of Bergenfield.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
E.
License required.
(1)
Establishment: No person, firm, or corporation shall operate any
establishment or utilize any premises in the Borough of Bergenfield
as or 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 Borough of Bergenfield Health
Department in accordance with the terms and provisions of this subsection.
Each applicant shall be responsible, solely at its own cost and expense,
to obtain digital fingerprinting through the State Police. Fingerprints
so furnished shall become a part of the application. In the event
of a partnership, all partners, and in the event of a corporation,
the president, vice president, secretary and treasurer, shall be required
to submit the above-mentioned sets of fingerprints, which fingerprints
so taken shall be submitted to the Chief of Police for comparison
and record. The number of licenses shall be limited as follows:
(a)
The Borough of Bergenfield Health Department shall issue a license
to operate upon satisfaction by the applicant that he or she met all
the requirements of N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1
et seq.
(2)
Massage practitioner. No person shall engage in providing massage
services unless such person has first obtained a valid massage practitioner
license issued by the Borough of Bergenfield Health Department pursuant
to the provisions of this chapter and is certified by the State of
New Jersey pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1
et seq.
(a)
The provision of massage services shall be limited to licensed
medical centers, hospitals, sanitariums or duly licensed office of
a physician, osteopath, chiropractor, physical therapist or the office
of a duly licensed massage business, as defined herein.
(b)
No person other than a licensed and state-certified massage
practitioner shall have any physical contact with patients or persons
within the office of said physician, osteopath, chiropractor, physical
therapist or massage business.
(c)
The Borough of Bergenfield Health Department shall issue a license
to practice upon satisfaction by the applicant that he or she has
met all the requirements of N.J.S.A. 45:11-53 et seq. and N.J.A.C.
13:37A-1.1 et seq.
F.
Licensing fee.
(1)
Every applicant for a massage practitioner license and/or a massage
business license pursuant to this chapter shall file annually a complete
application with the Borough of Bergenfield Health Department as set
forth in this chapter and pay an annual filing fee as follows:
(a)
For a massage business license pursuant to this chapter, the
fee shall be $250.
(b)
For each massage practitioner licensed pursuant to this chapter,
the fee shall be $100.
(c)
All fees are nonrefundable. Fees are annual.
(d)
Any changes in ownership shall require a new application and
license with the payment of the fees thereof.
(2)
If at any time after the initial license is granted additional practitioners
begin providing services at any massage business, all of the information
required herein must be submitted to the Borough of Bergenfield Health
Department prior to the massage practitioner providing services and
the additional fee of $100 must be paid.
(3)
In addition to the above, each massage practitioner and massage business
applicant must pay the fee required to obtain a criminal background
check.
H.
Application for license. Any person desiring a massage, bodywork
and somatic therapy establishment license shall file a written application
with the Health Department upon a form provided by the Health Department.
The application form shall contain the following information:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
(2)
The name, style and designation under which the business is conducted.
(3)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(4)
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the names 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.
(5)
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 2007, c. 337.[2]
[2]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
(6)
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:
(a)
The name, complete address and residence telephone number.
(b)
The two previous addresses immediately prior to the present
address of the applicant.
(c)
Written proof of age.
(d)
Height, weight, sex, color of hair and eyes.
(e)
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.
(f)
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.
(g)
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 background check
by the Borough Police Department. Failure to execute such a waiver
and consent shall result in a denial of a license.
(h)
The names and addresses of three adult residents who will serve
as character references. These references must be persons other than
relatives and business associates.
(i)
The fingerprints of the applicant(s).
I.
Transferability. No license issued pursuant to this chapter is transferable,
separate or divisible.
J.
Operating requirements. Every massage, bodywork, and somatic therapy
establishment shall comply with the following:
(1)
Every portion of the mass age, 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.
(2)
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.
(3)
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.
(4)
The hand wash sink shall be used solely for the washing of hands,
arms and other parts of the body.
(5)
Hand sinks shall be supplied with liquid soap and disposable hand
towels at all times.
(6)
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.
(7)
Massage tables shall be maintained in good condition and free of
rips and tears.
(8)
Toilet paper, covered trash, liquid hand soap and disposable towels
or alternate means of hand drying shall be provided in restrooms.
(9)
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.
(10)
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.
(11)
Linens used in a licensed establishment may not be laundered
in a private home.
(12)
Closed containers shall be provided for soiled linens.
(13)
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.
(14)
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.
(15)
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 and 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 floors, it shall be kept
dry.
(16)
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
(17)
Animals, except Seeing Eye dogs, shall not be permitted in the
massage work area.
(18)
Each massage, bodywork and somatic therapist shall wash his
or her hands in hot running water, using proper soap or disinfectant
before administering a massage.
(19)
Hours of operation. No such business shall begin operations
before 9:00 a.m. or continue after 9:00 p.m.
K.
Minors prohibited; exception. No person shall permit any person under
the age of 18 years to receive a massage without advanced written
permission from his or her parent, caregiver or guardian or unless
a parent, caregiver or guardian is present in the room during the
time of the massage.
L.
Maintenance of register required. All massage business licensees
must maintain a register of all persons employed as massage, bodywork
and somatic therapists and their license numbers and all other employees
and agents. Such register shall include the name, address, date of
birth and social security number of all massage, bodywork and somatic
therapists, employees and agents and shall be available for inspection
at all times during regular business hours.
M.
Responsibilities of licensee. The licensee shall be responsible for
all actions which occur in the premises of the massage business, whether
by massage, bodywork and somatic therapists, employees, subcontractors
or other agents, where the licensee has actual or constructive knowledge
of such actions.
N.
Inspections. The Borough of Bergenfield Health Department, Borough
of Bergenfield Police Department, Borough of Bergenfield Construction
Department and the Borough of Bergenfield Fire Department shall, from
time to time, announced or unannounced, make an inspection of each
massage business 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 and in compliance with
this chapter. It shall be unlawful and grounds for a suspension and/or
revocation of the license for any licensee to fail to allow such inspection
officer access to the premises or to hinder such officer in any manner.
O.
Posting of license required. All licenses issued hereunder shall
be exhibited in a conspicuous location at all times.
P.
Violations and penalties. The Borough of Bergenfield may, in lieu
of revocation, impose a fine or suspend a license issued pursuant
to this chapter. Any person, as defined above, who shall violate any
of the provisions contained in this chapter shall be subject to a
fine not to exceed $1,000 or to be imprisoned for a period not to
exceed 90 days, or both, for each and every offense. Each separate
day that the provisions of this chapter are violated by any person,
as defined above, shall constitute a separate and distinct offense
and violation of this chapter.
Q.
Existing establishments and practitioners. All massage businesses
and/or massage, bodywork and somatic therapists who presently engage
in the business of massage must comply with the provisions of this
chapter within 30 days of the effective date of this chapter.
R.
Revocation of licenses or permits. A violation of the provisions
of this chapter shall constitute grounds for the revocation of any
license, permit or certificate issued by the Borough relating to the
premises in question.
S.
Living quarters. No part of a massage business licensed pursuant
to this chapter shall be occupied or used or furnished for sleeping
quarters and/or living quarters.
T.
Appeals. In the event that any applicant for a license shall have
been refused a license or in the event that any licensee shall have
had his license revoked or suspended, said person shall have the right
and privilege to appeal from such refusal to grant a license or suspension
or revocation of a license to the Mayor and Council of the Borough
of Bergenfield; provided, however, that not less than five days written
notice of such appeal shall have been served upon the Mayor and Council,
either in person or by registered mail, return receipt requested,
and a date of hearing before the Mayor and Council shall be fixed
no later than 30 days after the receipt of said notice of appeal.
Thereupon, the Mayor and Council shall notify said person of the place,
date and time of hearing.
