[HISTORY: Adopted by the Borough of Rutherford
Council 5-13-2019 by Ord. No. 3500-19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 55, Massage, Bodywork and Somatic Therapies, adopted 12-18-2001
by Ord. No. 2997-01.
The Borough of Rutherford acknowledges
that massage and bodywork therapy is a legitimate professional field
that provides health benefits and that the Massage and Bodywork Therapist
Licensing Act, N.J.S.A. 45:11-53 et seq., requires licenses for all
those who engage in the practice of massage and bodywork therapy and
that all massage and bodywork therapy establishments register with
the New Jersey Board of Massage and Bodywork Therapy. The Borough
nevertheless finds that the practice of such therapy by untrained
and unlicensed practitioners can both cause injury and illness to
clients and can encourage and foster prostitution. It is declared
that the operation of a massage establishment, as defined in this
chapter, is a business affecting the public health, safety and welfare
of the Borough of Rutherford and its residents. The purpose of this
chapter is to provide standards to help assure that the practice of
massage and bodywork therapy does not cause injury or disease to clients
and does not degenerate into prostitution.
For the purpose of this chapter,
the following definition shall apply:
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 and bodywork principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external applications, explaining and describing myofascial movement,
and self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the energetic system of the body for the purpose of promoting
and maintaining the health and well-being of the client. Massage and
bodywork therapies shall not include the diagnosis or treatment of
illness, disease, impairment, or disability.
A.
No person shall practice massage or related
therapies as a massage and bodywork therapist employee or otherwise
in the Borough of Rutherford unless he or she annually presents proof
of a valid and subsisting massage and bodywork therapist's license
issued by the State of New Jersey licensing agency known as the "New
Jersey Board of Massage Therapy," a part of the New Jersey Department
of Law and Public Safety within the State Division of Consumer Affairs
pursuant to the Massage and Bodywork Therapist Licensing Act, N.J.S.A.
45:11-53 et seq., to the Borough Health Department, no later than
January 10 of each year. All newly employed massage and bodywork therapists
to existing massage and bodywork establishments within the Borough
shall provide a copy of their valid and subsisting massage and bodywork
therapist's license issued by the State of New Jersey licensing agency
known as the "New Jersey Board of Massage Therapy" before practicing
massage and related therapies within the Borough of Rutherford and
then annually thereafter no later than January 10 of each year.
B.
No person shall employ anyone as a massage
or bodywork therapist in the Borough of Rutherford unless the massage
and bodywork therapist has presented proof of a valid and subsisting
massage and bodywork therapist's license issued by the State of New
Jersey licensing agency known as the "New Jersey Board of Massage
Therapy," a part of the New Jersey Department of Law and Public Safety
within the State Division of Consumer Affairs pursuant to the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., to
the Borough Health Department.
C.
No massage and bodywork establishment shall
operate within the Borough of Rutherford unless the establishment
presents proof every two years of a valid registration issued by the
State of New Jersey licensing agency known as the "New Jersey Board
of Massage Therapy," a part of the New Jersey Department of Law and
Public Safety within the State Division of Consumer Affairs pursuant
to the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53
et seq., to the Borough Health Department, no later than January 10
of the applicable year.
D.
The massage and bodywork therapy establishment
shall display the licenses of each and every massage and bodywork
therapist employed in the establishment as well as the establishment's
registration issued by the State of New Jersey licensing agency known
as the "New Jersey Board of Massage Therapy" in an open and conspicuous
place on the premises of the establishment.
Every massage and bodywork therapy
establishment shall comply with the following:
A.
Every portion of the massage and bodywork
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 and bodywork
therapists, shall be clean and 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 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.
All massage tables shall be disinfected
after each use.
F.
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 thoroughly cleaned after each use. When carpeting is used on the
floors, it shall be kept dry, clean and sanitary.
G.
All tables, tubs, shower stalls and floors,
except reception and administrative areas, shall be made of nonporous
materials, which may be readily disinfected. Closed containers shall
be provided for used towels and waste materials.
H.
Oils, creams, lotions and other preparations
used in administering massage and bodywork therapies shall be kept
in clean closed containers or cabinets.
I.
Animals, except for service animals, shall
not be permitted in the massage work area.
J.
Each massage and bodywork therapist shall
wash his or her hands in hot running water, using proper soap or disinfectant,
before administering a massage and bodywork therapy to a patron.
K.
A copy of this section shall be posted
in every massage therapy establishment in a conspicuous location visible
to clients of the establishment.
L.
All employees, including massage and bodywork
therapists, shall be deemed responsible for the clean, safe, and lawful
business operation on the premises.
The conduct of licensed massage and
bodywork therapists and massage and bodywork establishments shall
be in accordance with the New Jersey Board of Massage and Bodywork
Therapy law set forth at N.J.S.A. 45:11-53 et seq., and the regulations
pertaining to same set forth at N.J.A.C. 13:37A-1.1.
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 and bodywork therapy establishment
certified under this chapter.
B.
Controlled dangerous substances, as defined
by the laws of the State of New Jersey, shall not be distributed or
consumed on the premises of any massage and bodywork therapy establishment
certified pursuant to this chapter.
No part of the quarters of any massage
and bodywork therapy establishment shall be used for or connected
with any bedroom or sleeping quarters nor shall any person sleep in
such massage and bodywork therapy establishment except for limited
periods incidental to and directly related to a massage and bodywork
therapy treatment or bath. This provision shall not preclude the location
of massage and bodywork therapy establishments in separately demised
quarters of a building housing a hotel or other separate businesses
or clubs.
Prior to opening a massage and bodywork
therapy establishment within the Borough of Rutherford, the Health
Department, Zoning/Code Enforcement Department, and Bureau of Fire
Safety shall inspect the premises for the purpose of issuing a continued
certificate of occupancy as required by Borough Code. No massage and
bodywork therapy establishment shall be permitted to operate within
the Borough of Rutherford unless an inspection by the Health Department,
the Building Department and the Bureau of Fire Safety has been conducted
and the establishment is in compliance with the minimum requirements
of the Zoning, Fire and Health Codes. The Bureau of Fire Safety shall
conduct an annual inspection to ensure compliance with the requirements
of the New Jersey Uniform Fire Code, N.J.A.C. 5:70 et seq.
The Borough Health Department, Bureau
of Fire Safety, Borough Code Enforcement Department, and Borough Police
Department shall have the right and authority to inspect the places
of business that are regulated under this chapter and other pertinent
portions of the Borough Code to ensure compliance with this chapter
and such other laws, rules and regulations that may apply, including
the State Sanitary Code as per N.J.S.A. 26:1A-9, the New Jersey Uniform
Fire Code N.J.A.C. 5:70, and the New Jersey Uniform Construction Code
as per N.J.A.C. 5:70, and to ensure the health, safety, and welfare
of the citizens of the Borough of Rutherford and of the clients of
and visitors to therapy establishments.
A.
The provisions of this chapter shall not
apply to massage and bodywork therapies given:
(1)
By properly registered/licensed and operated
hospital, medical, osteopathic, chiropractic, and medical-affiliated
physical therapy facilities; or
(2)
By a regularly established medical center,
hospital or sanatorium having a staff which includes licensed physicians,
chiropractors and/or physical therapists;
(3)
By any licensed physician, chiropractor
or physical therapist in the residence of his or her patient; or
(4)
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.
B.
All massage and bodywork therapy establishments
within the Borough of Rutherford shall be prohibited from accepting
customers for any services except from Monday through Saturday from
8:00 a.m. until 10:00 p.m.
A.
Any person who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not less than $500 and not more than $1,000 per violation,
be punished by imprisonment in the county jail for a period not to
exceed 180 days, or both. Each violation of any of the provisions
of this chapter shall be deemed and taken to be a separate and distinct
offense.
B.
All provisions of this chapter shall be
enforceable by the Police Department of the Borough of Rutherford
or, where there is a health violation, by the Health Official, or,
where there is a construction code violation by the Construction Code
Official or Code Enforcement Officer or, where there is a fire code
violation, by the Fire Marshal.
C.
In addition to hearing violations in the
Municipal Court, by separate authorization by the governing body of
the Borough of Rutherford, action may be taken in the Superior Court
of New Jersey or other appropriate court seeking injunctive relief
or other relief appropriate to enforce this chapter, along with the
right to seek damages and legal fees where permitted by law.
If any section, subsection, sentence,
clause, phrase or portion of this chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
hereof.
