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 Lincoln Park and its residents.
In order to ensure the protection of the public health, safety and
welfare, the Borough of Lincoln Park finds that it must license and
regulate establishments that are the subject of this chapter in a
manner authorized by and consistent with state statute and regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERTISEMENT
Any attempt, directly or indirectly, by publication, dissemination,
or circulation in print or electronic media, which directly or indirectly
induces or attempts to induce any person or entity to purchase or
enter into an agreement to purchase services related thereto from
a massage establishment or massage therapist.
ELECTRONIC MEDIA
Radio, television, internet, social media platforms, including,
but not limited to Facebook, Instagram, Twitter, and/or Craigslist.
EMPLOYEE
Any person other than a massage therapist who renders any
service in connection with the operation of a massage business and
receives compensation from the operator of the massage establishment
or its patrons.
LICENSEE
The operator of a massage, bodywork and/or somatic establishment.
MASSAGE, BODYWORK AND SOMATIC ESTABLISHMENT
Any establishment, including, without limitation, a day spa,
where any person, firm, association or corporation engages in, carries
on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage and bodywork therapies" for
compensation of any kind.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
A person licensed to practice massage and bodywork therapies
pursuant to the provisions of the Massage and Bodywork Therapist Licensing
Act, N.J.S.A. 45:11-53 et seq.
MASSAGE, BODYWORK AND/OR SOMATIC THERAPIES OR MASSAGE SERVICES
Any system of activity of structured touch which includes,
but is 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,
self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the soft tissue of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage and bodywork
therapies do not include the diagnosis of illness, disease, impairment
or disability.
PATRON
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
other consideration therefor.
PERSON
Any individual, firm, association, corporation or combination
of individuals of whatever form or character.
PRINT MEDIA
Newspapers, magazines, periodicals, professional journals,
telephone directories, circulars, handbills, flyers, billboards, signs,
business cards, match covers and other similar items, documents or
comparable publications, the content of which is disseminated by means
of the printed word.
No massage establishment shall operate or provide massage services
within the Borough of Lincoln Park without obtaining a massage establishment
registration/license document from the Borough of Lincoln Park Health
Department in accordance with the provisions set forth hereunder.
The registration/license to be issued is specific to massage establishments
and is independent from any certificate of occupancy, zoning approval
or any other approval that may be required by other provisions of
the Code of the Borough of Lincoln Park ("Borough Code") for the use
of any premises as a massage establishment. The registration/license
to operate shall not be transferrable, must be renewed annually and
shall continue in force until the last day of the 12th month following
the issuance of the license.
A. Any person seeking to obtain a license to operate a massage establishment
within the Borough of Lincoln Park must provide the following:
(1) A complete application, as provided by the Health Department of the
Borough of Lincoln Park, accompanied by an application fee in the
amount of $500.
(2) The business name and type of ownership of the business, i.e., whether
individual, partnership, corporation or any other form of organization.
A copy of the entity's business registration certificate (BRC)
issued by the Division of Revenue and Enterprise Services in the Department
of the Treasury of the State of New Jersey must be provided.
(3) For each person having an ownership interest in the massage establishment:
(a)
Name, address, date of birth and social security number; and
(b)
A copy of a driver's license, passport or other government-issued
photo identification. The copy shall be in color and of such quality
so that the owner is readily identifiable from the photograph; and
(c)
Completed Borough of Lincoln Park Police Department criminal
background investigation application. At this time, the Borough will
not collect a fee for the fingerprint record check.
(4) For each massage therapist who will provide massage and bodywork
therapies for the massage establishment:
(a)
Name, address, date of birth and social security number; and
(b)
A copy of a driver's license, passport or other government-issued
photo identification for each massage therapist providing massage
services for the massage establishment. The copy shall be in color
and of such quality so that the massage therapist is readily identifiable
from the photograph; and
(c)
Completed Borough of Lincoln Park Police Department criminal
background investigation; and
(d)
A true copy of a valid and current certification or license
issued by the New Jersey Board of Massage and Bodywork Therapy; and
(5) Proof of appropriate liability insurance coverage with a reputable
company licensed by the State of New Jersey in an amount of not less
than $500,000 per occurrence and in the aggregate for all claims caused
by personal injury;
(6) Satisfactory proof that all applicable building, zoning, health and
fire code requirements have been met and inspection certificates issued.
B. Every massage establishment license issued pursuant to this chapter
shall expire on the last day of the 12th month following the issuance
of the license, unless sooner suspended or revoked, and shall be renewed
upon compliance with the licensure requirements above, except that
the renewal fee shall be $250 annually. Licensees shall submit an
application for renewal no later than 60 days prior to the last day
of the 12th month following the issuance of the license. Licensee
applicants failing to submit a timely renewal application shall be
required to reapply as and be subject to the conditions and fees of
an initial applicant. Every such establishment existing as of the
date this chapter becomes effective shall, within 60 days of adoption,
comply with all of the requirements of this chapter, except that the
fee to be paid shall be $250.
C. Upon the effective date of this chapter, no new license shall issue
for a massage establishment to be located within 1,000 feet of an
existing massage establishment.
D. Licenses are nontransferable as to location and ownership. A new
application, including payment of the applicable fee, must be submitted
for any change of location and any change of ownership interest. In
the event that a massage establishment is determined/found to be under
new ownership/management and/or the registration/license transferred
in contravention of the within chapter and/or applicable state law,
the massage establishment shall cease all operations and be closed
until such time as all requirements of the within chapter and state
law are satisfied.
It shall be the responsibility of the owners of the massage
establishment and the holder of the license for the massage establishment
to ensure that all persons and massage therapists comply with the
provisions of this chapter.
The Borough Police Department, Health Officer and his/her designee,
Fire Chief, Construction Officer, Zoning Officer and/or Code Enforcement
Officer may make inspections of any and all parts of the massage establishment
to ensure compliance with the provisions of this chapter, the Borough
Code, and the laws and administrative codes of the State of New Jersey
on no less than an annual basis and shall be permitted to perform
spot inspections without need of obtaining any approval of the operator
of the business or an administrative search warrant.
In addition to the regulations set forth at N.J.A.C. 13:37A-3.1
et seq., every massage establishment must comply with each of the
following minimum requirements:
A. Each massage and bodywork therapy area/room shall be equipped with
a sink and an adequate area within each room for clients to store
personal items.
B. No massage establishment shall knowingly serve any patron infected
with any fungus or other skin infections, nor shall service be performed
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with massage or bodywork therapy, prescribing the conditions
thereof.
C. Client records must be kept for each and every client who receives
services from the massage establishment. These records shall include
at a minimum an intake form filled out by each customer to include
the customer's name, address, phone number, date of birth, date
of service, the specific service received, the licensed therapist's
full name and New Jersey State massage and bodywork therapist license
number, and the signature of the client. These records must be stored
on the premises and available for review by the Health Department
at all times for a period of not less than two years from the date
the service was performed.
D. Signage specifying the age restriction and the required recordkeeping
requirements must be posted in English, conspicuously displayed and
clearly readable from the customer entrance of the establishment at
all times.
No part of any quarters of any massage establishment shall be
used for or connected with any bedroom or sleeping quarters nor shall
any person sleep in such massage establishment except for limited
periods incidental to and directly related to a massage and bodywork
therapy treatment or bath.
In addition to the revocation or suspension of the license granted under this chapter, any person and/or establishment violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by §
1-2 of the Borough Code.
The enforcement agent for the provisions of this chapter shall
be the Health Officer or his/her designee.
All persons who operate a massage establishment and hold a license
issued by the Borough of Lincoln Park must comply with the provision
of this Chapter (including a complete criminal background check) within
60 days of the effective date of this chapter. All person(s) who are
presently practicing as massage therapist(s) pursuant to a license
issued by the Borough of Lincoln Park must become certified, if not
presently certified, by the State of New Jersey pursuant to N.J.S.A.
45:11-53 et seq., and N.J.A.C. 13:37-16.1 et seq., and must present
the certification issued by the State of New Jersey to the Health
Officer of the Borough of Lincoln Park within one year of the effective
date of this chapter.