The Borough acknowledges that licensure, certification or registration
of massage and bodywork therapists is regulated by the massage and
Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53, et seq. (the
"Act"). However, the purpose of this chapter is to establish business
permit requirements to confirm that massage and bodywork therapy establishments
are appropriately registered under the Act and employ only licensed
massage and bodywork therapists licensed under the Act to ensure that
the establishments meet standards that protect and preserve the health,
safety and welfare of the citizens of the Borough and the patrons
of such establishments.
For the purposes of this chapter
144, the following words, terms, and phrases, when used herein, shall have the meanings set forth below, except where the context indicates a different meaning:
ACT
The massage and Bodywork Therapist Licensing Act, N.J.S.A.
45:11-53 et seq., as may be amended from time to time.
BOROUGH PERMIT
A permit issued by the Borough permitting the operation of
an establishment within the Borough.
EMPLOYEE
Any person who renders any service in connection with the
operation of an establishment and receives compensation from the operator
of the establishment or its patrons, including but not limited to
a massage and bodywork therapist.
LICENSED THERAPIST
A person certified and/or licensed to practice massage and
bodywork therapies pursuant to the provisions of the Act.
PATRON or CLIENT
Any person who receives a massage or bodywork therapy under
such circumstances that it is reasonably expected that he or she will
pay compensation therefor.
REGISTERED MASSAGE ESTABLISHMENT
An establishment employer that engages in, advertises or
holds itself out as offering massage and bodywork therapies and is
registered with the state in accordance with the Act.
Unless an applicant for a Borough permit can produce proof reasonably
satisfactory to the Police Department 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 for a Borough permit shall appear
at the Borough of Fair Lawn Police Department with a current driver's
license or other government-issued photo identification. The applicant
shall be photographed and 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 sole expense, shall
respond to the authorized fingerprint vendor's location for a
fingerprint check.
All Borough permits issued pursuant to this chapter shall be
valid only for the sole proprietor, partnership, limited liability
partnership or company, corporation or other form of business organization
to which the Borough permit has been issued and shall not be transferable
to another entity or to a different location. A new application, including
payment of the applicable fee, must be submitted for any change of
location and any change of ownership interest.
The establishment shall display the state-issued registration
evidencing that the establishment is a registered massage establishment,
if applicable, the state-issued certification/license of each licensed
therapist employed and/or conducting business at the establishment,
the establishment's state-issued registration evidencing that
it is a registered massage establishment or its certification to the
Borough attesting that the establishment does not have any employees
that requires it to be a registered massage establishment under state
law, and the Borough permit issued by the Borough under this chapter,
all to be displayed in an open and conspicuous place within the premises
of the establishment. All licensed therapists on site must have in
their possession a valid driver's license, passport or other
government-issued photo identification. Proof of the establishment's
liability insurance required by this chapter must be conspicuously
posted at the premises.
Every establishment operating in the Borough shall comply with
the following:
A. Every portion of the establishment, including all appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
B. Prices/rates for all services shall be prominently displayed in the
reception area in a location available to all prospective customers.
C. All employees, including licensed therapists, shall maintain personal
cleanliness and wear clean, nontransparent outer garments that prevent
display of sexual or genital areas, which shall remain covered with
nontransparent outer garments at all times.
D. Dressing areas for employees and customers shall be available on
the premises. Such dressing areas shall be shielded from public view
and provide the individual utilizing same privacy from all other individuals.
If the dressing area is also used as the therapy/massage room, adequate
procedures shall be in place to safeguard the privacy of the individual
using same as a dressing area. In no case shall the dressing areas
be locked when both a client and an employee are in the dressing area.
E. No part or portion of any establishment shall be used for or connected
with any bedroom or sleeping quarters, nor shall any person sleep
in such establishment, except for limited periods incidental to and
directly related to a massage and bodywork therapy treatment. This
provision shall not preclude the siting of an establishment in separate
quarters of a building housing a hotel, motel or similar separate
business.
F. All establishments shall provide clean, laundered sheets and towels
in sufficient quantity, which shall be laundered after use by each
customer and stored in a sanitary manner.
G. All infection control precautions required pursuant to N.J.A.C. 13:37A-3.2
shall be followed, and the establishment must operate in conformance
therewith at all times.
H. Access to a sanitary restroom shall be provided for patrons.
I. Any patron under the age of 18 years of age must be accompanied by
a parent or legal guardian or adult with written permission from the
parent or legal guardian.
J. A landline telephone shall be made available in the establishment.
Emergency telephone numbers for Emergency Medical Services, the Borough
Police Department and Department of Health, along with 911, shall
be posted conspicuously and unobstructed from view adjacent to the
landline telephone.
K. The sexual or genital areas of patrons must be covered by towels
or undergarments when in the presence a licensed therapist, employee
or another individual.
L. It shall be unlawful for any person to knowingly place his or her
hand or any part of his or her body upon, or fondle or massage, a
sexual or genital area of any other person, or to fondle, touch or
massage a sexual or genital area of himself/herself. No licensed therapist,
employee, manager, operator or other individual shall offer or be
permitted to offer to perform any act that would require the touching
of another's sexual or genital area.
M. No licensed therapist, employee, manager, operator or other individual
shall perform, or offer to perform, any act that would require the
touching of a patron's sexual or genital area.
N. 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, steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the establishment 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.
O. Animals, except for service animals, shall not be permitted in the
massage and bodywork work area.
P. Each licensed therapist shall wash his or her hands in hot running
water, using antibacterial soap or disinfectant before administering
massage or bodywork therapy to each patron.
Q. Hours of operation of all massage and bodywork therapy establishments
shall not commence prior to 9:00 a.m., and shall not extend beyond
10:00 p.m.
R. It shall be the responsibility of the holder of the Borough permit
and all owners of the establishment to ensure that all licensed therapists,
employees, managers, operators and other persons comply with all provisions
of this chapter.
S. Client records must be maintained and kept for every client who receives
services from the establishment, in accordance with the requirements
of N.J.A.C. 13:37A-5.2. Access to the records shall be provided in
accordance with the provisions of N.J.A.C. 13:37A-5.3. The records
shall include, at a minimum, an intake form completed by each client
to include the client's name, address, phone number, date of
birth, date of service, the specific service received, the licensed
therapist's full name and therapist license number, and the signature
of the client.
T. Signage specifying the age restriction and the establishment's
recordkeeping requirements must be posted in English, conspicuously
displayed and clearly readable from the establishment's customer
entrance at all times.
It shall be the responsibility of the owner, operator or manager
of the establishment issued a Borough permit under this chapter to
ensure that all persons and employees affiliated with the establishment
comply with the provisions of this chapter.
The Health Officer, his/her designee, any police officer of the Borough and/or the Construction Official shall enforce the provisions of this Chapter
144.