[Ord. No. BH 2004-01]
This chapter specifically excludes physicians, physical therapy groups, chiropractors, and any other such medical group or medical support group licensed by the State of New Jersey.
Editor's Note: See also N.J.S.A. 45:11-53 et seq., Massage and Bodywork Licensing Act and N.J.A.C. 13:37A, New Jersey Board of Massage and Bodywork Therapy Rules.
[Ord. No. BH 2004-01; New]
As used in this chapter:
Shall mean and refer to systems of activity 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 purpose of applying therapeutic massage or bodywork 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 neural myofascial education and education in self-care and stress management. Massage and bodywork therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
Shall mean any person, male or female, licensed to administer massage and/or bodywork therapies for any form of consideration.
Shall mean any establishment or operation wherein massage or bodywork therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[Ord. No. BH 2004-01; New]
a.
Business Permit Required. No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Watchung as or for a massage or bodywork therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Borough of Watchung in accordance with the terms and provisions in this chapter.
b.
Massage and Bodywork Therapist License Required. No person shall practice massage or related therapies as a massage or bodywork therapist, employee or otherwise, unless he has a valid and subsisting massage and bodywork therapist's license issued to him by the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.A.C. 13:37A.
[Ord. No. BH 2004-01; Ord. No. BH 2016-01]
a.
Every applicant for a permit to maintain, operate or conduct a massage or bodywork therapy establishment or out call massage or bodywork therapy service shall file an application with the Board of Health upon form provided by the Board and pay the fee established in Chapter BH15, Board of Health Fees.
b.
Any change of ownership shall require a new application and license with payment of fees therefor.
c.
The annual license fee for engaging in the business of operating a massage or bodywork therapy establishment or out call massage or bodywork therapy service within the Borough of Watchung shall be as stated in Chapter BH15. All licenses shall expire on the last day of March annually; excepting those establishments licensed at the time of adoption of this ordinance whose licenses shall expire at the time established by the current licensing period, which shall be renewed at that time and annually thereafter. The late fee for failure to renew the license shall be as stated in Chapter BH15 if not paid by the final due date of April 30 annually.
[Ord. No. BH 2004-01]
Any person desiring a massage or bodywork therapy business permit shall file a written application with the Board of Health on a form to be furnished by the Board of Health. The applicant shall accompany the application with a tender of correct fee as hereinafter provided and shall, in addition, furnish the following:
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 facsimile, where business is to be conducted.
d.
A complete list of the names and addresses of all massage and bodywork therapists and employees in the business and the name and residence address of the manager or other person principally in charge of the operation of the business.
e.
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:
1.
The name, complete residence address and residence telephone number.
2.
The two previous 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 (2x2) 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 municipality or state under a 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.
7.
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 fingerprint and criminal background check by the Police Department.
8.
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.
[Ord. No. BH 2004-01]
The Board of Health, upon receiving an application for a massage or bodywork therapy establishment permit, shall refer the application to the Building Department, the Bureau of Fire Prevention, the Police Department, the Health Department and the Zoning Official, which departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Board of Health concerning compliance with the codes that they administer.
No massage or bodywork therapy establishment shall be issued a permit or be operated, established or maintained in the Borough unless an inspection by the Health Officer, Construction Official, and Fire Inspector reveals that the establishment complies with the minimum requirements of the building, fire and health codes for businesses operating in the Borough of Watchung.
[Ord. No. BH 2004-01]
The massage or bodywork therapy establishment shall display the business permit and the license of each and every licensed massage or bodywork therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
[Ord. No. BH 2004-01]
a.
Every portion of the massage or bodywork therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
b.
Prices and 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 or bodywork therapists shall be clean and wear clean, non-transparent outer garments. Dressing rooms must be available on the premises. Doors to such dressing rooms shall open inward and be self-closing. If the dressing room is also used as the therapy/massage room, then adequate procedures shall be in place to safeguard the privacy of the client. In no case shall these doors be locked when both a client and any employee are present.
d.
All massage and bodywork 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 or bodywork therapist.
f.
It shall be unlawful for any person knowingly, in a massage establishment to place his hand upon or touch with any part of his body, to fondle in any manner or to massage a sexual or genital area of any other person.
g.
No massage or bodywork 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.
h.
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 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.
i.
Oils, creams, lotion and other preparations used in administering massage or bodywork therapies shall be kept in clean, closed containers or cabinets.
j.
Animals, except for Seeing Eye and Service Dogs, shall not be permitted in the massage work area.
k.
Each massage and bodywork therapist shall wash his hands in hot running water, using proper soap or disinfectant before administering a massage, bodywork or somatic therapy to each patron.
[Ord. No. BH 2004-01]
The Department of Health, and/or the Construction Department and Police Department, shall, at least twice a year, make an inspection of each massage or bodywork therapy establishment granted a permit under the provisions of this chapter 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. 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.
[Ord. No. BH 2004-01]
No part of any quarters of any massage or bodywork therapy establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage or bodywork therapy establishment except for limited periods incidental to and directly related to a massage or bodywork therapy treatment or both. This provision shall not preclude the location of a massage or bodywork therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.
[Ord. No. BH 2004-01]
a.
No owner or manager of a massage or bodywork therapy establishment shall tolerate in his establishment any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not exclusive of 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; relating to the commission of adultery; and proscribing fornication; nor shall any owner or manager tolerate in his establishment an activity or behavior which violates this chapter. Any conviction of a massage or bodywork therapy establishment or, any employee thereof, of a violation of the aforementioned statues and codes shall devolve upon the owner or manager of the establishment, it being specifically declared that, following such a conviction of the owner or the manager of the establishment shall be prosecuted as an accessory to such a violation and the required permits will be automatically revoked.
[Ord. No. BH 2004-01; N.J.A.C. 8:27-11.4; N.J.S.A. 26:1A-10]
Any person who shall violate any provision of this chapter or who shall refuse to comply with a lawful order or directive of the Board of Health or Health Officer, shall be liable for penalties of not less than $50 nor more than $1,000 and all other applicable law and/or injunctive action as provided by law, or both.