[HISTORY: Adopted by the Township Committee of the Township
of Raritan by Ord. No. 2017-41 (Ch.
5.50 of the 2000 Code). Amendments noted where applicable.]
The following words, terms and phrases, as used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The entity acting as the enforcement and compliance agent
of the Raritan Township Board of Health.
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 the purpose 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, bodywraps,
the use of moist hot or cold external applications, external applications
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage and bodywork therapies do not include the
diagnosis or treatment of illness, disease, impairment or disability.
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq.
Any individual or entity that employs another person to engage
in providing massage, bodywork or somatic therapy.
Any establishment wherein massage, bodywork or somatic therapies
are administered or are permitted to be administered, when such therapies
are administered for any form of compensation.
A.
No person, firm, corporation or
other entity shall operate any establishment or utilize any premises
in the Township of Raritan as a massage, bodywork or somatic therapy
establishment unless or until such person, firm or corporation has
first obtained a license from the Raritan Township Clerk in accordance
with the terms and provisions of this section.
B.
No person shall practice massage
or related therapies as a massage, bodywork or somatic therapist,
employee or otherwise unless such person has a valid and subsisting
massage and bodywork therapist's license issued to him or her by the
New Jersey Board of Massage and Bodywork Therapy pursuant to the terms
and provisions of the Massage and Bodywork Therapist Licensing Act,
N.J.S.A. 45:11-53 et seq.
C.
No person or entity shall employ
a massage, bodywork or somatic therapist as an employee unless such
employee has a valid New Jersey Board of Massage and Bodywork Therapy
therapist license.
D.
No massage, bodywork or somatic
therapist employer shall engage in, advertise or hold itself out as
offering massage, bodywork or somatic therapies unless such employer
has registered with the New Jersey Board of Massage and Bodywork Therapy.
Any person desiring a massage, bodywork or somatic therapy establishment
license shall file a written application with the Raritan Township
Board of Health upon a form provided by the Raritan Township Clerk.
A.
Any person, firm, corporation,
organization or other entity applying for a massage, bodywork or somatic
therapy establishment license shall submit the required application,
which shall include the following information:
(1)
The business name and type
of ownership of the business, i.e., whether individual, partnership,
corporation or any other form of business organization.
(2)
The trade name, style and
designation under which the business is to be conducted.
(3)
The address and all telephone
numbers, including facsimile, where the establishment will be maintained,
operated and conducted, and the email address of the applicant.
(4)
A list and full description
of all massage, bodywork or somatic therapy services to be offered.
(5)
A complete list of the names
and residence addresses of all massage, bodywork or somatic therapists
and employees of the business and the name and residence address of
the owner, manager or other person principally in charge of the business.
It shall be the responsibility of the owner, manager or other person
principally in charge of the business to maintain an updated employee
list and to provide same to the Raritan Township Board of Health.
The Raritan Township Board of Health shall be notified, in writing,
within 30 days, transmitted by regular mail, email or facsimile, of
any and all changes to the employee list. The employee list shall
be made available during all inspections of the massage, bodywork
or somatic therapy establishment.
(6)
A sworn statement attached
to the employee list required above indicating that all massage, bodywork
or somatic therapists employed or to be employed by the establishment
or otherwise permitted to work at the establishment have been licensed
by the State of New Jersey pursuant to the Massage and Bodywork Therapist
Licensing Act, N.J.S.A. 45:11-53 et seq.
(7)
A written disinfection plan
for all linens, towels and reusable instruments used by the establishment,
and all surfaces within the establishment, which disinfection plan
must comply with the requirements of N.J.A.C. 13:37A-3.2.
(8)
Personal information concerning
the applicant.
(a)
Personal information concerning the applicant shall be provided for
each of the following persons:
[1]
An individual applicant;
[2]
Each stockholder holding
more than 10% of the stock of the corporation and each officer and
director, if the applicant is a corporation;
[3]
Each partner, including
each limited partner, if the applicant is a partnership; and
[4]
The manager or other
person principally in charge of the operation.
(b)
The information to be provided for each of the above shall be as
follows:
[1]
The applicant name,
complete residence address, residence telephone number and email address;
[2]
Two previous residence
addresses immediately prior to the present residence address of the
applicant;
[3]
A copy of a current
driver's license or other government-issued photo identification;
[4]
Two front-face portrait
photographs taken within 30 days of the date of the application and
at least two inches in size;
[5]
The massage, bodywork
or somatic therapy establishment business history and experience,
including, but not limited to, whether or not such person has previously
operated or is currently operating in this or another municipality
or state under a license agreement or permit, or has a license or
permit ever been denied, revoked or suspended and the reason therefor,
in addition to the business activities or occupations subsequent to
such action or denial, suspension or revocation;
[6]
All criminal convictions
other than misdemeanor traffic violations, fully disclosing the jurisdiction
in which convicted, the offense for which convicted and the circumstances
thereof.
B.
In addition to the completed application,
the applicant, who shall be a principal of the business, may be required
to submit additional documentation, including, but not limited to,
a sketch, floor plan, building layout, diagram, zoning permit and/or
certificate of occupancy as applicable to the application.
C.
In addition to the completed application,
the applicant shall provide a criminal background check to be provided
through the filing of a New Jersey Uniform Fingerprint Form provided
by the Raritan Township Clerk.
D.
The applicant shall provide proof
of general liability insurance. This policy shall be maintained at
all times by the establishment.
E.
The applicant shall provide proof
of ownership or shall provide a copy of a signed lease agreement for
the property location where the massage, bodywork or somatic therapy
establishment shall be operated. If a signed lease, the applicant
must be listed on the lease agreement.
F.
All changes in ownership of 10%
or more must be reported to the Raritan Township Board of Health by
regular mail, email or facsimile within 10 days of the occurrence
of such change.
G.
The Raritan Township Board of
Health may refuse, after notice, to grant a massage, bodywork or somatic
therapy establishment license. Reasons for such refusal include, but
are not limited to, the following:
(1)
Fraud, misrepresentation,
false statement, or omission of any required information in the application
for the establishment license.
(2)
The conviction of an owner/operator,
manager or any employee of the establishment for a crime or disorderly
person offense involving moral turpitude, a felony, an offense involving
sexual misconduct, keeping or residing in a house of prostitution,
or any crime involving dishonesty, or evidence that applicant has
had its massage, bodywork or somatic therapy establishment license
revoked previously in the Township or another municipality.
A.
The Administrative Authority of
the Raritan Township Board of Health, upon receipt of the application,
shall refer same to the Construction Code Enforcement Department,
the Fire Prevention Bureau, the Police Department, the Department
of Engineering, Planning and Zoning, and any other department deemed
necessary. Such departments shall make recommendations to the Administrative
Authority of the Raritan Township Board of Health concerning compliance
with all municipal and state codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
No massage, bodywork or somatic therapy establishment license shall be issued until an applicant has satisfactorily passed inspections by all governmental entities provided for by Subsection A of this section.
C.
In addition, the establishment
must comply with the hygiene requirements found at N.J.A.C. 13:37A-3.2.
A.
Massage, bodywork or somatic therapy
establishment licenses granted under this chapter are only valid to
the applicant to whom it was granted at the address stated on the
application and are not transferable in any way. A new license must
be obtained in the event of the sale or other transfer of the establishment.
B.
All licenses issued pursuant to
this chapter shall expire each year on December 31, unless sooner
suspended or revoked. In order to renew a massage, bodywork or somatic
therapy establishment license, the licensee shall submit a renewal
form provided by the Raritan Township Clerk. Said renewal form shall
require licensee to update its list of massage, bodywork or somatic
therapists and certify that licensee has not been convicted of a crime
related to its massage activities or a sexual offense. Upon satisfactory
review of same, the Raritan Township Board of Health shall issue a
renewal license. As a requirement of the annual renewal, the Raritan
Township Police Department may request an updated background check
from any massage, bodywork or somatic therapy establishment owner(s),
therapist(s), and employee(s).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
All establishment licenses are subject to immediate suspension and closure of the establishment as described in § 314-7 for failure to renew the license by January 15 of each year.
E.
Should a reinspection of a massage, bodywork or somatic therapy establishment be required as determined by the Administrative Authority of the Raritan Township Board of Health as a result of a violation observed during an initial inspection, a reinspection fee as provided in Chapter 245, Fees, § 245-4, shall be charged to the establishment for each subsequent reinspection, until all violations have been abated. The reinspection fee must be paid by the establishment to the Raritan Township Board of Health within 10 business days of the date the violation requiring reinspection was issued. All licenses are subject to immediate suspension and the establishment subject to closure for failure to remit the reinspection fee within 10 business days of the date the violation requiring reinspection was issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Administrative
Authority of the Raritan Township Board of Health shall, from time
to time, at least once a year, make an inspection of each massage,
bodywork or somatic therapy establishment granted a license under
the provisions of this chapter, for the purpose of determining whether
the provisions of this chapter and any applicable rules, regulations,
ordinances and/or laws are being complied with. Such inspections shall
be made at reasonable times and in a reasonable manner. In addition
to an annual inspection, the Administrative Authority of the Raritan
Township Board of Health may also perform an inspection upon any reasonable
report of a violation by any person. It shall be unlawful for any
massage, bodywork or somatic therapy establishment or employee thereof
to fail to allow such inspection officer to gain access to the establishment
or to hinder such officer in any manner.
B.
The Administrative
Authority of the Raritan Township Board of Health shall ensure:
(1)
That the establishment has a written disinfection plan as required by § 314-4A(7) and is in conformance with all requirements of N.J.A.C. 13:37A-3.2.
(2)
That all licenses issued by the state and the Township are posted in a visible place as required by § 314-8.
(4)
There is no evidence of sleeping
or living quarters in the establishment.
(5)
That the establishment is
in conformance with all other requirements of the Revised General
Ordinances of the Township of Raritan, state statutes and state regulations.
A.
All massage, bodywork or somatic
therapy establishments shall display the establishment license issued
pursuant to this chapter in an open and conspicuous place on the premises
of the establishment near the public entrance.
B.
The state license of each and
every massage, bodywork or somatic therapist employed in the establishment
must be posted prominently in an open and conspicuous place on the
premises of the establishment near the public entrance. A two-inch-by-two-inch
passport-sized color photograph of each licensed massage, bodywork,
or somatic therapist must be affixed to each therapist's displayed
license.
C.
Each and every massage, bodywork
or somatic therapist employed in the establishment shall have in his
or her possession at all times while on the premises government-issued
photographic identification, which must be available for review.
A.
Each room of the establishment
in which massage, bodywork or somatic therapy is conducted shall have
an adequate area within the room for clients to store personal items
during therapy sessions.
B.
With the exception of guide animals,
hearing animals and service animals, no animals shall be permitted
in the establishment.
C.
Price rates for all services shall
be prominently displayed in an open and conspicuous area on the premises
of the establishment near the public entrance.
D.
A written exclusion policy shall
be kept on the premises stating that the establishment shall not knowingly
serve any patron infected with any fungus or other skin infections,
nor perform any service on any patron exhibiting skin inflammation
or eruptions, provided that a duly licensed physician may certify
that a person may be safely provided with a massage, bodywork or somatic
therapy prescribing the conditions thereof. The written exclusion
policy shall be prominently displayed in an open and conspicuous area
on the premises of the establishment near the public entrance.
E.
Client intake records must be
kept for each and every client who receives services from the massage,
bodywork or somatic establishment pursuant to N.J.A.C. 13:37A-5.2.
F.
The establishment shall prominently
post signage specifying the age restriction of patrons and the client
recordkeeping requirements in an open and conspicuous area on the
premises of the establishment near the public entrance.
G.
The written disinfection plan
submitted with the application for the establishment license shall
be kept on the premises at all times for review by the Board of Health.
The employees of the massage, bodywork or somatic therapy establishment
shall demonstrate to the Administrative Authority of the Raritan Township
Board of Health an understanding of and compliance with the written
disinfection plan. The establishment shall comply with all parts of
the written disinfection plan at all times.
H.
All employees, including massage,
bodywork or somatic therapists, shall wear nontransparent outer garments.
Employee dressing rooms must be available on the premises of the establishment.
Doors to such dressing rooms shall be self-closing.
I.
All massage, bodywork or somatic
therapy establishments shall provide clean linens (including, but
not limited to, laundered sheets and towels) in sufficient quantity,
which shall be laundered after each use thereof and stored in a sanitary
manner. All linens shall either be laundered on the premises of the
establishment with properly functioning commercial-grade washer and
drying appliances or shall be laundered by a professional linen supply
service, the contract of which shall be made available to the Administrative
Authority of the Raritan Township Board of Health at any time.
J.
The sexual or genital area of
patrons must be covered by towels, cloths or undergarments when in
the presence of an employee or a massage, bodywork or somatic therapist.
K.
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 and sanitized each day the business is in operation. Bathtubs
and showers shall be thoroughly cleaned and sanitized after each use.
When carpeting is used on the floors, it shall be kept in a dry, clean
and sanitary condition.
L.
Each massage, bodywork or somatic
therapist shall wash his or her hands and arms up to and including
the elbows with soap and hot running water prior to administering
any massage, bodywork or somatic therapy to each client.
M.
All massage, bodywork or somatic
therapy establishments and employees thereof shall at all times provide
access to a sanitary restroom for patrons of the establishment.
N.
If ordered closed by the Administrative
Authority of the Raritan Township Board of Health, the massage, bodywork
or somatic therapy establishment must immediately cease operations
and close to the public and must remain closed until the Raritan Township
Board of Health permits the establishment to reopen.
O.
The massage, bodywork or somatic
therapy establishment shall observe and conform to all applicable
rules, regulations and prohibitions set forth by the New Jersey Board
of Massage and Bodywork Therapy, as same may be amended from time
to time.
A.
No owner of a massage, bodywork
or somatic therapy establishment or any employee thereof shall tolerate
in any massage, bodywork or somatic therapy 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 public communication of obscene material,
or N.J.A.C. 13:37A-3.5. Any conviction of any employee of a massage,
bodywork or somatic therapy establishment of a violation of the aforementioned
statutes and codes shall devolve upon the owner or manager of such
establishment, to the extent that it constitutes sufficient cause
for the suspension or revocation of the establishment's license.
B.
The owner, manager or any employee
of the massage, bodywork or somatic therapy establishment shall not
permit the following upon the premises:
(1)
The presence or use of table
showers.
(2)
Ear candling.
(3)
Any and all procedures that
involve ear picks, ear scoops or ear spoons.
(4)
Cupping, or applying the
open end of a vessel of glass or other material onto the client's
skin and utilizing a heating mechanism to heat the vessel.
(5)
Any activities or therapies
that utilize any form of terrestrial or aquatic animals during therapy,
including, but not limited to, fish foot spas.
(6)
Any activities that utilize
animal waste or the use of any products that contain animal waste
as an ingredient.
(7)
Colon cleansing.
(8)
Electrical muscle stimulation.
(9)
Any materials, paraphernalia,
or acts depicting, promoting or associated with sexual activity.
(10)
Controlled dangerous substances
or illegal drugs.
(11)
Alcoholic beverages.
(12)
The use of any part of
the establishment as sleeping quarters. This provision shall not preclude
the location of a massage, bodywork or somatic therapy establishment
in separate quarters of a building housing a hotel or other separate
business or club.
(13)
Any owner, operator, employee
or patron knowingly placing his or her hand upon or touching 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, and/or any owner, manager
or employee performing or offering to perform any act which would
require the touching of any other person's sexual or genital area.
(14)
The application of any
pest-control chemicals by any person other than a commercial pesticide
applicator licensed by the State of New Jersey.
(15)
Laundering of any personal
items belonging to the owner, manager or any employee upon the premises
of the establishment, or the commingling of any personal items with
linens laundered by a professional linen supply service.
(16)
Storage on the premises
of excessive personal items belonging to the owner, manager or any
employee of the establishment.
(17)
Bulk food storage, cooking
apparatus or meal preparation on the premises of the establishment.
(18)
The presence of any individual
under the age of 18 years old, unless accompanied by a parent or legal
guardian.
(19)
Any therapy performed on
any individual under the age of 18 without the express written authorization
of, and presence of, a parent or legal guardian.
(20)
The presence upon the premises
of the establishment of any therapist infected with any fungus, skin
infection, skin inflammation, skin eruption or any communicable disease,
and/or tolerating any such therapist to perform any massage, bodywork
or somatic therapy on any client or other person upon the premises
of the establishment.
(21)
The presence of any persons
upon the premises who are not necessary to the operation of the establishment.
(22)
Removing any signage posted
by any Township Department upon the premises of the establishment.
(23)
Placing, publishing, distributing
or causing to be placed, published or distributed any printed or electronic
advertising material that depicts any portion of the human body that
would reasonable suggest to prospective clients that any services
are available other than those therapies described in the establishment
license application.
(24)
Indicating in text in any
printed or electronic advertising material that any services are available
other than those therapies included in the establishment license application.
(25)
Depicting in any printed
or electronic advertising material any persons dressed in such a manner
or behaving in such a manner as to suggest that they or the establishment
is engaged in keeping or residing in a house of ill repute, soliciting
of a lewd or unlawful act, prostitution or pandering.
A.
The Administrative Authority
of the Raritan Township Board of Health may at any time suspend the
establishment license if it finds that a subsequent health hazard
or nuisance has arisen and/or that there is a failure to comply with
any part of this chapter. Upon suspension of the license, the establishment
must immediately cease operations and may not resume operations until
the suspension of the license has been lifted by the Raritan Township
Board of Health. The suspension of a license may be lifted only after
all of the violations have been abated to the satisfaction of the
Health Officer or his or her designee and all applicable fees and
penalties have been remitted in full.
B.
If the Administrative Authority
of the Raritan Township Board of Health finds, determines or has reason
to believe that an establishment license should be permanently revoked,
then, in such event, the Administrative Authority of the Raritan Township
Board of Health shall schedule a hearing on the matter and shall so
notify the license holder, in writing, by delivering a copy to him
or her personally or by mailing a copy of the notice by certified
mail, return receipt requested, at the last-known address. The notice
shall include the time, date and place of the hearing.
C.
The Township Administrator or
his or her designee shall serve as the hearing officer for any hearing
pursuant to this section. The hearing officer shall notify the license
holder of his or her decision either personally at the conclusion
of the hearing, which decision shall be confirmed in writing or by
written notice sent by certified mail, return receipt requested.
D.
Any license holder who fails
to appear at the time and place designated for the hearing shall not
be entitled to any further hearing, and, in that event, the license
may, as a matter of course, be revoked. In such an event, the hearing
officer shall so notify the license holder by written notice sent
by certified mail, return receipt requested.
E.
Reasons for automatic suspension
and/or revocation of a license include, but are not limited to, the
following:
(1)
Fraud, misrepresentation,
false statement, or omission of any required information in the application
for a license.
(2)
Fraud, misrepresentation,
or omission of any required information made or given while operating
the establishment.
(3)
Any violation of this chapter.
(4)
Conviction of the owner,
manager or any employee of the establishment of a crime involving
moral turpitude, a felony, an offense involving sexual misconduct,
keeping or residing in a house of prostitution, and/or any crime involving
dishonesty.
(5)
The owner, manager or any
employee refusing entry to any duly authorized official from the Administrative
Authority of the Raritan Township Board of Health, Police Department,
Construction Code Enforcement Department, Fire Prevention Bureau or
Department of Engineering, Planning and Zoning or any other authorized
Township official to inspect the premises or operations therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Should an establishment have
its license revoked for any reason, at no point in the future shall
the same premises be used again for the purpose of operating a massage,
bodywork or somatic therapy establishment.
The provisions of this chapter shall not apply to massage and
bodywork 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/hairdresser
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.
The Administrative Authority of the Raritan Township Board of
Health and any other designated official shall implement, administer
and enforce this chapter and are hereby authorized to issue all rules
and regulations consistent with this chapter and shall have all necessary
powers to carry out the purposes of this chapter and to enforce this
chapter and are authorized to issue citations for any violation of
this chapter.
A.
Any person, firm, corporation
or entity, upon their first conviction of a violation of any of the
provisions of this chapter, shall be subject to a fine of $250. Any
person, firm, corporation or entity, upon their second conviction
of a violation of any of the provisions of this chapter, shall be
subject to a fine of $500. Any person, firm, corporation or entity,
upon their third conviction of a violation of any of the provisions
of this chapter, shall be subject to a fine of $1,000 and/or imprisonment
in jail for a period not exceeding 90 days, or both, at the discretion
of the judge imposing such penalty and/or fine.
B.
Each and every day that a violation
of this chapter is found to occur shall constitute a unique and separate
violation of this chapter.
C.
Any conviction of any owner,
manager, operator or employee of a massage, bodywork or somatic therapy
establishment of any activity or behavior prohibited by the laws of
the State of New Jersey, particularly, but not limited to laws proscribing
indecency, prostitution and obscenity, including the sale, uttering
or public communication of obscene material, or N.J.A.C. 13:37A-3.5,
shall devolve upon the owner of such establishment, it being specifically
declared that following such conviction of an employee, manager or
owner of the establishment, the owner shall be prosecuted as an accessory
to such violation, and the license which has been issued for the establishment
shall be revoked.
