[1]
Editor's Note: N.J.S.A. 45:11-53 et seq. as amended by P.L.
2007, c.337, no longer contains the term "somatic."
[Ord. No. HO2014-02]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Article, except where
the context clearly indicates a different meaning:
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 or treatment of illness, disease, impairment
or disability.
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. However, practicing therapies in one's residence or in any adjacent building or structure located on the same property is strictly prohibited unless the residence location meets all of the requirements as defined in Chapter 22, Land Use and Development of the Borough Code.
Any person certified pursuant to the provisions of the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53
et seq.[1]
[1]
Editor's Note: N.J.S.A. 45:11-53 et seq. was amended by P.L.
2007, c.337.
[Ord. No. HO2014-02]
a.
Massage, bodywork and somatic therapy establishment permit required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Borough as or for a massage, bodywork
and somatic therapy establishment unless or until there has been obtained
a permit for such establishment or premises from the Borough in accordance
with the terms and provisions of this Article.
b.
Massage, bodywork and somatic therapist's certification. 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 certification
issued to him or her by the State of New Jersey pursuant to the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53
et seq.[1]
[1]
Editor's Note: N.J.S.A. 45:11-53 et seq. was amended by P.L.
2007, c.337.
[Ord. No. HO2014-02]
a.
Any person desiring a massage, bodywork and somatic therapy establishment
permit shall file a written application with the Board of Health upon
a form to be furnished by the Board.
b.
All applicants must file copies of any plans for construction, conversion,
or renovation of an establishment, together with the application form
c.
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 to be
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 name and residence address of the manager or other person principally
in charge of the operation of the business.
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 certified by the
State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification, N.J.S.A. 45:11-53 et seq.
6.
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 shall
be provided:
(a)
The name, complete residence 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, and color of hair and eyes.
(e)
Two front-face portrait photographs taken within 30 calendar
days of the date of the application and at least two inches by two
inches in size.
(f)
The 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.
7.
The applicant shall execute a waiver and consent to allow a fingerprint
and criminal background check by the Borough Police Department. Failure
to execute such a waiver and consent shall result in a denial of a
permit.
8.
An establishment permit shall be denied to any person who has been
convicted of any crime or disorderly persons offense, other than traffic
violations.
9.
The names and addresses of three adult residents of the country,
who will serve as character references. These references must be persons
other than relatives and business associates.
[Ord. No. HO2014-02]
a.
Every applicant for a permit to maintain, operate or conduct a massage,
bodywork and somatic therapy establishment shall file an application
with the Board of Health, upon a form to be furnished by the Board,
and pay an annual fee of $250 which permit fee shall become due on
the first (1st) day of January of each year. The Borough Health Officer
shall issue a permit upon demonstration of compliance with requirements
of this Article.
b.
Massage, bodywork and somatic therapy establishment plan review fees:
1.
For the construction of a massage, bodywork and somatic therapy establishment:
$300.00;
2.
For the conversion of an existing structure for use as a massage,
bodywork and somatic therapy establishment: $300.00; or,
3.
For the remodeling of a massage, bodywork and somatic therapy establishment
if the health authority determines that plans and specifications are
necessary to ensure compliance with these rules: $150.00.
[Ord. No. HO2014-02]
a.
The Board of Health, upon receiving an application for a massage,
bodywork and somatic therapy establishment permit, shall refer the
application to the Health Officer and/or Sanitary Officer, Building
Department, Fire Department, Police Department and Zoning Officer,
shall inspect the premises proposed to be operated as such an establishment
and shall make written recommendations to the New Jersey State Division
of Licensing and Permits concerning compliance with the codes that
they administer.
b.
No massage, bodywork and somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Borough
unless the inspections referenced above reveal that the establishment
complies with the minimum requirements of the Building and Health
Codes for businesses operating in the Borough. In addition, the establishment
must comply with each of the following minimum requirements:
1.
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.
2.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
3.
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
4.
Adequate hand-washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
[Ord. No. HO2014-02]
a.
Permits issued under this Article may be revoked by the Borough Health
Officer, after notice and a hearing, for any of the following causes:
1.
Fraud, misrepresentation or false statement in the application for
the permit.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Borough.
3.
Any violation of this Article.
4.
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.
5.
Conducting the permitted business in the Borough in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
b.
Notice of the hearing for the revocation of a permit shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the permittee at his/her last known address
at least five calendar days prior to the date set for the hearing.
c.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 calendar days by the Borough Health Officer if, in
his/her opinion, the conduct of the permittee is detrimental to the
health, safety and general welfare of the Borough.
d.
The Board of Health shall conduct any hearing pursuant to this Article.
e.
In addition to license suspension or revocation, the Borough Health
Officer, or his designated agent, is authorized to enforce violations
in Municipal Court upon written notice providing a reasonable period
to cure based on the nature of the violation and circumstances involved.
[Ord. No. HO2014-02]
The massage, bodywork and somatic therapy establishment shall
display its permit as well as the certification 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.
[Ord. No. HO2014-02]
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 shall wear clean, nontransparent outer garments.
Dressing rooms must be available on the premises. Doors to such dressing
rooms shall open inward and shall be self-closing.
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.
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.
g.
All walls, ceilings, floors, pools, showers, bathtubs, 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.
h.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean, closed
containers or cabinets.
i.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
j.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
k.
All massage,
bodywork and somatic therapy establishments shall maintain a list
providing contact information for all clients, which shall be made
available to the Board of Health upon request for the purpose of contact
tracing if necessary.
[Added 12-14-2020 by Ord. No. HO 20-01]
[Ord. No. HO2014-02]
The Board of Health, the Borough Police Department and/or the
Borough Building Department shall, from time to time, but no less
than twice a year, make an inspection of each massage, bodywork and
somatic therapy establishment granted a permit under the provisions
of this Article for the purpose of determining whether the provisions
of this Article are being complied with. Such inspection 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. HO2014-02]
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 massage, bodywork and somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
[Ord. No. HO2014-02]
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 and laws which relate to the commission of sodomy and adultery
and proscribing fornication; nor shall any owner or manager tolerate
in his or her establishment any activity or behavior which violates
this Article.
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,
it being specifically declared that, following such conviction of
an employee, the owner or manager of the establishment shall be prosecuted
as an accessory to such violation, and the permits which have been
issued shall be automatically revoked.
[Ord. No. HO2014-02]
The provisions of this Article 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 as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
[Ord. No. HO2014-02; Ord. No. HO 2016-02 § 8]
In addition to the revocation or suspension of the permit granted under this Article, any person, firm or corporation who is found to be in violation of the provisions of this Article shall be subject to a minimum fine of $50 up to a fine not to exceed the maximum penalty stated in subsection 26-2.9 of the Borough Code, entitled Board of Health Violations and Penalties, per each offense or incident together with the costs of prosecution plus any reasonable additional charges incurred by the Borough, or face imprisonment for a term not exceeding 90 days, or both, in the discretion of the court. A separate offense or incident shall be deemed committed on each day during which a violation occurs or continues.[1]
[1]
Editor's Note: Penalties shall comply with N.J.S.A. 26:3-70
and N.J.S.A. 26:1A-10.