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Borough of Mount Arlington, NJ
Morris County
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Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington 9-12-05 as Ord. No. 20-05. Amendments noted where applicable.]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, 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 access 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.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act P.L. 1999 c. 19.
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 of Mount Arlington as or for a massage, bodywork and somatic therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Borough of Mount Arlington in accordance with the terms and provisions of this section.
B. 
Massage, bodywork and somatic therapist's permit required. 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 permit issued to him or her by the Borough of Mount Arlington pursuant to the terms and provisions of this section.
Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Board of Health. The application form to be furnished by the Board of Health shall contain the following information:
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 residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence of the manager or other person principally in charge of the operation of the business.
E. 
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 Act, P.L. 1999 c. 19.
F. 
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:
(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, 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 (2x2) inches in size.
(6) 
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 thereof 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 Borough Police Department. Failure to execute such a waiver and consent shall result in a denial of a permit. An establishment permit shall be denied to any person who has been convicted of any crime or disorderly persons offense, other than traffic violations.
G. 
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.
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with Secretary of the Board of Health upon a form to be furnished by said Board of Health, and pay an annual fee of $100, which permit fee shall become due on the first day of January each year. The Health Officer shall issue a permit upon demonstration of compliance with chapter requirements.
The Board of Health, upon receiving an application for a massage, bodywork and somatic therapy establishment permit, shall refer the application to the Building Department, Fire Department, Police Department and Zoning Officer and, shall inspect the premises proposed to be operated as such an establishment. No massage, bodywork, and somatic therapy establishment shall be issued a permit or be operated, established or maintained in the borough unless an inspection by the Health Officer, Building Inspector and Fire Inspector reveals that the establishment complies with the minimum requirements of the Building and Health Codes for businesses operating in the Borough of Mount Arlington. In addition, the establishment must comply with each of the following minimum requirements:
A. 
All massage tables, bathtubs, shower stalls, steam or bath area floors shall have surfaces which may be readily disinfected, and shall be maintained in a sanitary condition and regularly cleaned and disinfected.
B. 
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.
C. 
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 person.
D. 
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.
A. 
To be eligible for a permit as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of:
(1) 
Successful completion of a minimum of 500 hours, in-class study in the field of massage, bodywork or somatic therapy; or
(2) 
Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork.
B. 
For up to one year (365 days) after the date procedures are established by this chapter for applying for permit to conduct massage, bodywork or somatic therapy in the Borough of Mount Arlington, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter, or any person engaged in the part-time practice of massage, bodywork or massage therapy for five years preceding the enactment of this chapter, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy under the supervision of a certified therapist as defined in Section 115-1 of this chapter and with the minimum completion of a minimum of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a permit to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this chapter, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Borough of Mount Arlington must fulfill the requirements of Subsection A(1) and (2) above.
C. 
The following information concerning the applicant will also be required:
(1) 
The name, complete residence address and residence telephone number.
(2) 
All previous addresses within the last five years 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 application and at least two by two (2x2) inches 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 city or state under a license, or has had a permit denied, revoked or suspended and the reason thereof and the business activities or occupations subsequent to such action or denial, suspension or revocation.
(7) 
All criminal convictions other than misdemeanor or 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.
The applicant for massage, bodywork or somatic therapist's license shall pay an annual permit fee of $125, which permit fee shall become due on the first day of January each year.
A. 
With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999 c. 19, all applicants seeking permit under this chapter shall be fingerprinted by the Mount Arlington Police Department. The Mount Arlington Police Department shall fingerprint such applicants on Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., or as otherwise determined by the Mount Arlington Police Department. The applicant shall pay a fee of $10 to the Police Department for the cost of fingerprinting.
B. 
The Chief of Police or his or her designee shall investigate the information available as to the good moral character of the applicant, and approve or disapprove the application within 90 days. Reasons for disapproval shall be set forth in writing on the reverse side of the application. The application shall be returned to the Health Officer who will either issue the permit or notify the applicant of a denial.
A. 
Permits issued under this section may be revoked by the Board of Health, 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 chapter.
(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 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 a hearing. Such notice shall be given personally or mailed to the permittee at his/her last known address at least five days prior to the date set for the hearing.
C. 
Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Borough of Mount Arlington.
D. 
The Board of Health shall conduct any hearing pursuant to this section.
E. 
In addition to license suspension or revocation, the Health Officer 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.
The massage, bodywork, and somatic therapy establishment shall display its permit as well as the certification of each and every massage, bodywork and somatic therapy therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
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 area 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. Dressing rooms must be available on the premises. Doors such as 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 or somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of a patron's sexual or genital area.
G. 
All walls, ceilings, floors, pool, 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 and 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, 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 proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron.
The Department of Health, Police Department, Fire Department and/or the Building Department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a permit under the provisions of this section for the purpose of determining whether the provisions of this section are being 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.
No part of any quarters of any massage, bodywork or somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage, bodywork or somatic therapy establishment except for limited period 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 or 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 laws of 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.
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 violations and the permits which have been issued shall be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:
A. 
In the office of licensed physician, chiropractor or physical therapist; or,
B. 
By a regularly established medical center, hospital or sanitarium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
C. 
By any licensed physician, chiropractor or physical therapists 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.
Any patron under the age of 18 years of age must be accompanied by a parent or guardian or adult with written permission of the parent or guardian.
A. 
Alcoholic beverages shall not be distributed or consumed on the premises of any massage, bodywork and somatic therapy establishment licensed under this chapter.
B. 
Controlled dangerous substance, as defined by the Laws of the State of New Jersey, shall not be distributed or consumed on the premises of any massage, bodywork or somatic therapy establishment licensed pursuant to this chapter.
In addition to the revocation or suspension of the permit granted under this chapter, any person who violates any provision of this chapter shall, upon conviction hereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both, in the discretion of the Court.