[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:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
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.
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
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.
[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]
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.