[HISTORY: 1988 Code §§ 114-1—114-17
adopted as amended through December 31, 2013 and further amended by Ord. No. 12-2017. 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:
Any massage, bodywork and somatic therapy establishment which
strictly limits its service to massages that are administered to clients
who are seated in a massage chair and remain fully clothed in their
own personal clothing for the duration of the service. Furthermore,
no bare skin contact is made or permitted with the client, nor are
any oils, creams or lotions applied to the client. The massage is
strictly limited to the back, neck and shoulders.
[Ord. No. 12-2017]
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, position 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 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 licensed pursuant to the provisions of the Massage
and Bodywork and 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.
A.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Township as or for a massage, bodywork
and somatic therapy establishment unless or until there has been obtained
a license for such establishment or premises from the Township, in
accordance with the terms and provisions of this chapter.
B.
No person shall practice massage or related therapies as a massage,
bodywork or somatic therapist, employee or otherwise, unless he or
she has a valid and subsisting massage, bodywork and somatic therapist's
license issued to him or her by the New Jersey Board of Massage and
Body Work Therapy, pursuant to the terms and provisions of N.J.S.A.
45:11-53 et seq.
[Ord. No. 12-2017]
Any person desiring a massage, bodywork and somatic therapy
establishment license shall file a written application with the Township
Clerk's Office on a form to be furnished by the Township Clerk. The
completed application shall be returned to the Township Clerk's office
for processing. In addition to the completed application the applicant,
who shall be a principal of the business, may be required to submit
additional documentation, including but not limited to a sketch, floor
plan, building layout, diagram, zoning permit and/or Certificate of
Occupancy as applicable to the application. The application form shall
contain the following information:
A.
The business name and type of ownership of the business, i.e., whether
individual, partnership, corporation or any other form of organization.
When required, a copy of the entity's Business Registration Certificate
(BRC) must be provided, as required by the State of New Jersey, Department
of the Treasury.
[Ord. No. 12-2017]
B.
The trade name under which the business is to be conducted.
C.
The address and all telephone numbers associated with the business,
including facsimile and email address, where business is to be conducted.
D.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business. Detailed job descriptions
of those employees whose duties do not include those of a therapist
must be included. It shall be the responsibility of the owner/operator
to maintain an updated employee list and provide same to the Township
Clerk's Office. The Township Clerk shall be notified in writing within
7 days, transmitted by regular mail, email or facsimile, of any and
all changes to the list. This list shall also be made available during
all inspections.
[Ord. No. 12-2017]
E.
A certified statement attached to the list required in paragraph
D above shall be provided 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 certified
by the State of New Jersey pursuant to the Massage and Bodywork Therapist
Licensing Act, N.J.S.A. 45:11-53 et seq.
[Ord. No. 12-2017]
F.
The following personal information shall be provided concerning the
applicant, if an individual; if a corporation, each officer and each
director; if a partnership, including limited partners, each partner;
and the manager or other person principally in charge of the operation
of the business:
(1)
The name, complete residence address and residence telephone number.
(2)
The two previous residential addresses immediately prior to the present
residential address of the applicant.
(3)
Copy of a current driver's license or other government issued photo
I.D.
(4)
Two front-face portrait photographs taken within 30 days of the date
of the application and shall be approximately 2 inches by 2 inches
in size (passport size).
(5)
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such person(s) 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 therefore and the business activities or occupations subsequent
to such action or denial, suspension or revocation.
(6)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof.
G.
Upon filing a completed application with the Township Clerk's Office,
the Township Clerk shall direct the applicant to respond to the Police
Department's Records Bureau with a current driver's license or other
government issued photo identification. The applicant shall be photographed
and be provided with a fingerprint form from a fingerprint vendor
authorized 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.
[Ord. No. 12-2017]
H.
Upon receipt of the results of the fingerprint check and subsequent
criminal history check, the Police Department shall notify the Township
Clerk's Office of those results. The Township Clerk shall then notify
the applicant of said results.
I.
The submitted application must be accompanied by a copy of the signed
lease for the property location where the proposed massage establishment
will be in operation. The applicant must be listed as the lessee on
the lease.
A.
Every applicant for a license to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Township Clerk's Office upon a form to be furnished by said office, and pay an annual fee of $500 at the time of new application or renewal, for the cost to the Township for the inspections required by Section 114-5 with the exception of the Fire Bureau inspection fee which shall be in accordance with Chapter 14, Section 14-4.
B.
Should a reinspection of a massage establishment become necessary
as determined by the Health Department official because of violations
observed during the initial inspection, a reinspection fee of $250
shall be charged to the establishment for each subsequent reinspection
until all violations have been corrected. The fee must be paid by
the establishment to the Township of Wayne within 10 calendar days
of the date the charge was issued.
The Township Clerk or his/her designee, upon receiving an application
for a massage, bodywork and somatic therapy establishment license,
shall refer the application to the Health Department, the Construction
Code Official, the Fire Bureau, the Police Department and Planning
Department which, after an inspection of the premises proposed for
such uses, shall make written recommendations to the Township Clerk
concerning compliance with the applicable municipal and State codes.
No massage, bodywork, and somatic therapy establishment shall be issued
a license or be operated, established or maintained in the Township
unless an inspection by the Health Officer, Construction Code Official
and Fire Inspector reveals that the establishment complies with the
minimum requirements of the Building, Health and Fire Codes for businesses
operating in the Township. 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 by a method approved by the Health Department.
B.
Each massage, bodywork and somatic therapy area/room shall be equipped
with a sink and an adequate area within each room for clients to store
personal items.
C.
The owner or operator shall submit a disinfection/sterilization plan
for non-disposable instruments and materials used in administering
massages, bodywork and/or somatic therapies to the Health Department
for approval and must operate in compliance with an approved plan.
Such non-disposable instruments and materials shall be disinfected
after use on each patron and stored in a clean and sanitary manner.
D.
A shower area for clients shall be provided within the facility;
such area shall be maintained in a clean and sanitary condition at
all times.
A.
All license applications under this chapter are subject to an Administrative
review as applicable to the application before it is presented to
the Township Council for consideration. Upon completion of the Administrative
review a written report shall be filed with the Township Clerk. If
all the requirements of this chapter have been fully satisfied the
Township Clerk shall then present the application to the Township
Council for review and approval.
[Ord. No. 12-2017]
B.
Any license granted under this chapter shall only be valid to the
person to whom it was granted and for the location as indicated on
the application. Licenses shall not be transferable between individuals,
entities or locations of the respective establishments.
[Ord. No. 12-2017]
A.
Establishment licenses issued under this chapter may be revoked or
suspended by the Township Council, after a public hearing. Reasons
for automatic suspension or revocation of an establishment license
include but are not limited to the following:
(1)
Fraud, misrepresentation or false statement in the application for
the establishment license.
(2)
Fraud, misrepresentation or false statement made while operating
the licensed business in the Township.
(3)
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution,
and any crime involving dishonesty.
(4)
Conducting the licensed business within 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)
The owner and/or operator or any employee refuses to permit any duly
authorized Township Police Officer or health official to inspect the
premises or the operations therein.
(6)
The conviction of an employee of the establishment for a violation of the prohibited acts set forth in Section 114-12 shall create a rebuttable presumption that the owner/operator had actual or constructive knowledge of the violation resulting in the conviction and shall constitute cause for the suspension or revocation of the establishment license.
(7)
Any violation of this chapter.
B.
In addition to any penalty prescribed, any license under this chapter
is subject to revocation for violating any provision of this chapter
or where the operation of the licensed premises is otherwise detrimental
to the preservation of the health, safety and welfare of the public.
The Township Clerk shall serve the licensee with a written complaint
setting forth specifically the grounds of the complaint along with
a notice indicating the time and place to appear before the Township
Council for a hearing. Such service shall be made by personal service
or certified and regular mail at least 10 days before the hearing
date. The Township Council after such hearing may revoke the license.
C.
Should it be determined that the conduct of the licensee is detrimental
to the health, safety and general welfare of the public, such establishment's
license may be suspended by the Health Officer or designee and the
establishment shall close until all violations are corrected. The
Health Officer may also recommend revocation of the license and suspend
the license pending the revocation hearing referred to in paragraph
B above. This hearing must be concluded within 45 days of the date
of the suspension and closure of the establishment.
The massage, bodywork and somatic therapy establishment shall
display its license as well as the license of each and every massage,
bodywork and somatic therapist employed in the establishment in an
open and conspicuous place on the premises of the establishment. A
2 inch by 2 inch passport sized color photo of the licensed therapist
must be affixed to the displayed license of each and every massage,
bodywork and somatic therapist employed by the establishment. In addition,
all therapists on site must have in their possession a government
issued photo I.D.
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
areas 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.
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.
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.
F.
All walls, ceilings, floors, pools, showers, bathtubs, sinks, 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 kept dry,
clean and sanitary at all times.
G.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be from an approved
source and kept in clean closed containers or cabinets. Single service
products shall be used when available.
H.
Animals, except for Service dogs, shall not be permitted in the massage
work area.
I.
Each massage, bodywork and somatic therapist shall wash his or her
hands and arms up to and including the elbows in hot running water,
using a proper soap and/or disinfectant before administering a massage,
bodywork or somatic therapy to a patron. All restroom and workstation
hand wash sinks are to be stocked with liquid hand soap and paper
towels. Dispensers for soap and paper towels are to be wall mounted.
Restroom hand wash sinks must have signs conspicuously displayed with
the following language: "Employees must wash hands after using the
restroom". If hand washing facilities are not available, the therapist
shall disinfect their hands with a bactericidal agent.
J.
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, bodywork or somatic therapy, prescribing
the conditions thereof. No therapist may perform service if they themselves
are infected with any fungus or other skin infections, skin inflammation
or eruptions unless a medical physician duly licensed by the State
of New Jersey has certified that a therapist may safely provide the
massage, bodywork or somatic therapy, prescribing the conditions thereof.
[Ord. No. 12-2017]
K.
A written disinfection plan for all linens, towels and reusable instruments
used by the establishment must be approved by the Health Department,
kept on site and available for review by the inspecting official at
all times. The establishment must operate in conformance with the
approved plan at all times.
L.
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
their name, address, phone number, date of birth, date of service,
the specific service they've received, the licensed therapist's full
name, their NJ 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 3 years of the date the service
was performed.
M.
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.
N.
Employees shall at all times provide access to a sanitary restroom
for clients of the massage establishment.
O.
The massage establishment shall conform to and observe all applicable
rules, regulations and prohibitions set forth by the NJ Board of Cosmetology.
The Health Department and Fire Bureau, shall, from time to time,
at least twice a year, make an inspection of each massage, bodywork
and somatic therapy establishment granted a license under the provisions
of this chapter for the purpose of determining whether the provisions
of this chapter and/or applicable rules, regulations and laws are
being complied with. Such inspection shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any licensee
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 a massage, bodywork and somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A.
No owner or manager of a massage, bodywork and somatic therapy establishment
shall tolerate in his or her establishment any activity or behavior
prohibited by 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 tolerate
in his or her establishment any activity or behavior which violates
this section.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of such establishment,
to the extent that it constitutes sufficient cause for the suspension
or revocation of the establishment license.
C.
The licensee of the massage establishment shall not permit:
(1)
Table Showers.
(2)
Ear Candling.
(3)
All procedures and services that involve ear picks, ear scoops or
ear spoons.
(4)
Cupping, or applying the open end of a glass vessel or vessel of
another material onto the client's skin and utilizing an open flame
to heat the vessel.
(5)
Any activities or therapies that utilize any form of terrestrial
or aquatic animals during therapy including but not limited to fish
foot spas.
(6)
Any activities or therapies that utilize animal waste or products
that contain animal waste as an ingredient.
(7)
Colon cleansing.
D.
Pest control chemicals or sprays are prohibited. Pest control services
must be performed by NJDEP licensed pest control contractors.
E.
Laundering is restricted to only those linens and towels used within
the operation. The laundering of personal clothing and/or other items
is prohibited. Personal clothing or other personal items may not be
commingled with the linens or towels used in the operation nor shall
personal clothing not specific to the operation be stored on the premises.
F.
No bulk food storage or meal preparation is permitted on premises.
G.
Personal effects of establishment owner(s) or employee(s) are not
permitted on premises.
H.
No one under 18 years of age shall be served unless accompanied by
a parent or legal guardian.
I.
Alcoholic beverages shall not be stored nor consumed on the premises.
[Ord. No. 12-2017]
The provisions of this section shall not apply to massage, bodywork
or somatic 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 or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body, manicurists
and pedicurists, as set forth in the Cosmetology and Hairstyling Act
of 1984, N.J.S.A. 45:5B-1 et seq;
In addition to the revocation or suspension of the license granted
under this chapter, any person who violates any provision of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $2,000 or imprisonment for a term not to exceed 90 days
or by a period of community service not to exceed 90 days.
The enforcement agent for massage, bodywork and somatic therapy
licenses shall be the Health Officer or his/her designee.
[Ord. No. 53-2014]
Licenses shall be issued for a term of one year commencing on
July 1 and expiring June 30 of the year of issuance.
All fees for licenses under this Chapter are as set forth in Chapter 75 Fees, unless otherwise prescribed. All fees shall be paid to the Township Clerk's office prior to being considered for approval. All fees are non-refundable and/or transferable. All licenses issued under this chapter are subject to a $25 late fee if the license is not renewed by the expiration date of the current license.
