[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 3-11-2003 by Ord. No. 2002-1189 (Ch. 59A of the 1966 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
The Borough of Montvale acknowledges that licensure, certification or registration of massage and bodywork therapists is regulated by the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq. However, the purpose of this chapter is to establish business permit requirements to ensure that massage and bodywork therapy establishments meet standards that protect and preserve the health, safety and welfare of the citizens of the Borough of Montvale, and the patrons of such businesses.
For the purpose of this chapter, the following words, terms, and phrases, when used herein, shall have the meanings set forth below, except where the context clearly indicates a different meaning:
ACT
The Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., as may be amended from time to time.
MASSAGE AND BODYWORK THERAPIES
The 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, 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.
MASSAGE AND BODYWORK THERAPIST
A person certified and/or licensed to practice massage and bodywork therapies pursuant to the provisions of the Act.
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT
Any establishment, business or operation wherein massage and bodywork therapies are administered or are permitted to be administered, which shall include the operation of an outcall massage and bodywork therapy service.
A. 
Massage and bodywork therapy establishment permit required and renewed annually. No person, firm, corporation, organization or other entity shall maintain, operate or conduct a massage and bodywork therapy establishment or utilize any premises in the Borough of Montvale as or for a massage and bodywork therapy establishment unless or until such person or entity shall first obtain a business permit from the Borough to operate such establishment or premises within the Borough of Montvale.
B. 
In addition to any other requirements for issuance of a business permit by the Borough for such establishment or premises, the applicant shall provide the Borough with satisfactory evidence that any person or persons intending to practice massage or bodywork therapy within such establishment or premises has a valid and existing massage and bodywork therapist certification or permit issued to such person by the New Jersey Board of Massage and Bodywork Therapy pursuant to the Act. No person shall practice massage or bodywork therapy without a valid and existing massage and bodywork therapist certification or license in accordance with the Act.
C. 
An applicant for a business permit from the Borough for such establishment or premises shall also provide evidence that such establishment or premises is registered with the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-76.
D. 
Approval by Mayor and Council. No initial permit or annual renewal permit to operate a massage and bodywork therapy establishment shall be issued by the Borough Clerk until issuance has been approved by resolution of the Mayor and Council.
Every applicant for a massage and bodywork therapy establishment business permit shall file an annual application with the Borough Clerk upon a form to be provided by the Clerk and pay an annual fee of $550. Upon receipt of a completed application for a business permit, the Borough Clerk shall issue a business permit to operate, but not prior to the application being reviewed, processed and approved by all relevant municipal officials and departments, which departments shall be granted up to 30 days to review and act on the application following receipt of the completed application. Applications for renewal must be received 60 days prior to the expiration of the business permit.
A. 
Application for a business permit for massage and bodywork therapy establishment. Any person, firm, corporation, organization or other entity applying for a massage and bodywork therapy establishment business permit shall submit the required application, which shall include the following information:
(1) 
The type of ownership of the establishment (i.e., whether individual, partnership, corporation or otherwise).
(2) 
A copy of an approved zoning permit along with the approved resolution from the Montvale Planning Board.
(3) 
The trade name, style and designation under which the establishment is to be conducted.
(4) 
The address and all telephone numbers, including facsimile number(s) and e-mail addresses where the establishment is to be maintained, operated, and conducted.
(5) 
A complete list of the name(s) and address(es) of all massage and bodywork therapists, along with a copy of each therapist's certificate and/or license issued by the State of New Jersey pursuant to the Act and all relevant regulations. It shall be an ongoing responsibility of each licensed therapist to notify the Borough, in writing, of any change in name, address or telephone number. Additionally, two front-faced portrait photographs of the individual, at least two inches by two inches in size, taken within 30 days of the date of the application, shall be submitted with the application.
(6) 
The name(s) and address(es) of other employees at the establishment; and the name and residence address of the manager or other person principally in charge of the day-to-day operation of the establishment.
(7) 
Within 30 days of the hiring of each additional massage and bodywork therapist, a copy of each such therapist's state-issued certification or license, as well as the therapist's residence address, shall be provided to the Borough Clerk's office.
(8) 
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 director, if the applicant is a corporation; concerning each partner, including limited partners, if the applicant is a partnership; concerning the managing members, if the applicant is a limited liability company; and concerning the manager or other person principally in charge of the day-to-day operation of the establishment:
(a) 
The name, residence, address and residence telephone number. It shall be an ongoing responsibility of the applicant to notify the Borough, in writing, of any change in name, address or telephone number of the individuals identified.
(b) 
The two previous addresses immediately prior to the present address of the individuals identified.
(c) 
Written proof of age.
(d) 
Height, weight, sex and color of hair and eyes.
(e) 
Two front-faced portrait photographs of the individuals taken within 30 days of the date of the application, and at least two inches by two inches in size.
(f) 
The establishment or similar business history and experience, including, but not limited to, whether or not such person has previously operated such an establishment, along with the location of such prior operations, whether or not such person has previously applied for a license or permit for such an establishment, and if same was denied, revoked or suspended, and the reasons therefor.
(g) 
Floor plans for the proposed facility.
(h) 
The names and addresses of three adult residents of the County of Bergen who will serve as character references for the applicant. These references must be persons other than relatives and business associates of the applicant.
A. 
Upon receipt of an application for a business permit for a massage and bodywork therapy establishment, the Borough Clerk shall refer the application to the Construction Code Office, the Fire Department, the Police Department, the Board of Health, and the Zoning Officer, which departments may inspect the premises where the proposed massage and bodywork therapy establishment is to be maintained, operated or conducted. No massage and bodywork therapy establishment shall be issued a business permit or be maintained, operated or conducted in the Borough unless an approval by the Health Official, Construction Official, and Fire Marshal has been granted indicating that the establishment complies with the minimum requirements of the construction, building and health codes for businesses operating in the Borough of Montvale.
B. 
The massage and bodywork therapy establishment must comply at a minimum with the regulatory requirements set forth at N.J.A.C. 13:37A-1.1 et seq., as same may be amended and supplemented from time to time.
Unless an applicant for a business permit for a massage and bodywork therapy establishment or renewal thereof can produce proof reasonably satisfactory to the Police Department that a criminal background check was conducted at the time of registration with the New Jersey Board of Massage and Bodywork Therapy pursuant to N.J.S.A. 45:11-76 and N.J.S.A. 45:11-80, all applicants seeking a business permit or renewal thereof pursuant to this chapter shall respond to the Borough of Montvale Police Department with a current driver's license or other government-issued photo identification. The applicant shall be photographed and provided with a fingerprint application form to obtain fingerprints from a vendor licensed by the State of New Jersey. The applicant, at the applicant's sole expense, shall respond to the authorized fingerprint vendor's location for a fingerprint check.
All business permits issued under this chapter shall be valid only to the sole proprietorship, partnership, limited liability partnership or company, corporation or any other form of business organization to which the permit was issued, and shall not be transferable to another entity or a different premises. A new permit application, in accordance with the provisions of this chapter must be filed prior to any alterations to a previously permitted establishment.
The massage and bodywork therapy establishment shall display the state-issued license/registration to the establishment, the state-issued certification/license of each and every massage and bodywork therapist employed and/or conducting business at the establishment, and the business permit issued by the Borough, all to be displayed in an open and conspicuous place within the premises of the establishment in accordance with N.J.A.C. 13:37A-3.4.
Every massage and bodywork therapy establishment shall comply with the following:
A. 
Every portion of the massage and bodywork therapy establishment, including all appliances and apparatus, shall be kept clean and operated in a sanitary condition.
B. 
Price rates for all services shall be prominently displayed 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, completely covering sexual and genitalia areas, including, but not limited to, completely covered breasts.
D. 
Dressing areas for employees and customers shall be available on the premises. Such dressing areas shall be shielded from public view and provide the individual utilizing same privacy from all other individuals. If the dressing area is also used as the therapy/massage room, then adequate procedures shall be in place to safeguard the privacy of the individual using same as a dressing area. In no case shall these dressing areas be locked when both a client and any employee are present.
E. 
All massage and bodywork therapy establishments shall provide clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner.
F. 
A written disinfection plan for all linens, towels, and reusable instruments used by the establishment must be approved by the Board of Health, kept on site, and be available for review by the inspecting official at all times. The establishment must operate in conformance with the approved plans at all times.
G. 
Access to a sanitary restroom shall be provided for clients at all times.
H. 
Any patron under the age of 18 years of age must be accompanied by a parent or legal guardian or adult with written permission from the parent or legal guardian.
I. 
A land line telephone shall be made available in the establishment. Emergency telephone numbers for Emergency Medical Services, the Borough of Montvale Police Department, Fire Department, and Board of Health along with "911" shall be posted conspicuously and unobstructed from view adjacent to the land line telephone.
J. 
The sexual or genital area, including breasts, of customers must be covered by towels or undergarments when in the presence of an employee or massage and bodywork therapist.
K. 
It shall be unlawful for any person knowingly, in a massage and bodywork 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, including breasts, of any other person.
L. 
No massage and bodywork therapist, employee or manager shall perform, or offer to perform, any act that would require the touching of the customer's sexual or genital area, including breasts.
M. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day that the establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept clean and dry.
N. 
Oils, creams, lotions and other preparations used in administering massage and bodywork therapies shall be kept in clean, closed containers or cabinets.
O. 
Animals, except for service animals, shall not be permitted in the massage and bodywork work area.
P. 
Each massage and bodywork therapist shall wash his or her hands in hot running water, using antibacterial soap or disinfectant before administering massage or bodywork therapy to each customer.
Q. 
No massage and bodywork therapy establishment shall permit any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not exclusive of laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material.
R. 
Hours of operation of any massage and bodywork therapy establishment shall not commence prior to 9:00 a.m. and shall not extend beyond 9:00 p.m.
S. 
Client records must be maintained for each and every client who receives services from the massage establishment in accordance with the requirements of N.J.A.C. 13:37A-5.2, as same may be amended and supplemented from time to time. Access to these records shall be provided in accordance with the provisions of N.J.A.C. 13:37A-5.3, as same may be amended and supplemented from time to time.
T. 
It shall be the responsibility of the owners of the massage therapy establishment and the holder of the license for the establishment to ensure that all persons and massage therapists comply with all provisions of this chapter.
U. 
The establishment shall conform to and observe all applicable rules, regulations, and prohibitions set forth in N.J.A.C. 13:37A, as may be amended and supplemented from time to time.
V. 
Doors to common areas/hallways and to all massage and bodywork therapy rooms are not permitted to have locks or to be locked or hasped at any time.
W. 
All main entrance doors to massage and bodywork therapy establishments are not permitted to be locked or hasped during the establishments' hours of operation.
A. 
No person shall advertise or offer to provide massage-related services for compensation within the Borough of Montvale unless licensed as a massage therapy establishment pursuant to this section.
B. 
All advertisements for massage therapy services to be provided within the Borough of Montvale shall include the massage therapy establishment's name, address, and telephone number.
C. 
No advertisement is permitted on any outlet (web-based, radio, print, television, etc.) implying or promoting the offering or possibility of any act that would require the touching of the customer's sexual or genital area.
The Health Official, Construction Official, Zoning Officer, the Code Enforcement Officer, and/or the Fire Marshal shall, from time to time, and at least once a year, make an inspection of each massage and bodywork therapy establishment within the Borough for purposes of determining whether or not the provisions of this chapter are being complied with. The Police Department may also, from time to time, conduct inspections of each massage and bodywork therapy establishment to determine if there are any violations of this chapter and/or violations of any other ordinance of the Borough of Montvale or the laws of the State of New Jersey on the premises. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any massage and bodywork therapy establishment to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
No part or portion 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. This provision shall not preclude the location of a massage and bodywork therapy establishment in separate quarters of a building housing a hotel, motel or other separate business.
A. 
Unless otherwise provided by law, any person or establishment owner violating any of the provisions of this chapter shall, upon determination of the Health Officer, the Borough Police Department, Construction Official, the Code Enforcement Officer, and/or the Fire Marshal be subject to suspension or revocation of a Borough-issued business permit pursuant to the provisions of this chapter. In addition to suspension or revocation of the business permit, any person/establishment owner violating any of the provisions of this chapter shall be subject to penalties or fines at the discretion of the Municipal Court.
B. 
Any conviction of any employee of a massage and bodywork therapy establishment of a violation of any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not exclusive of laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material, shall devolve upon the owner and/or manager of such establishment, it being specifically declared that, following such a conviction by an employee, the owner and/or manager shall be prosecuted as an accessory to such a violation.
C. 
Suspension/revocation.
(1) 
In addition to any of the penalties provided herein or prescribed by law, and notwithstanding the filing of a summons and/or criminal complaint in the municipal court or Superior Court, any violation of the following provisions shall subject the massage and bodywork therapy establishment to the suspension or revocation of the applicable permit:
(a) 
Fraud, misrepresentation or false statement made by the applicant in the application for the business permit.
(b) 
Fraud, misrepresentation or false statement made by the applicant in the course of carrying on the permitted business in the Borough.
(c) 
Any violation of any provisions of this section.
(d) 
A conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, or any crime involving dishonesty.
(e) 
Conducting the permitted business in the Borough in an unlawful manner or in such manner as to endanger the health, safety or general welfare of the public.
(f) 
Failure to hold a valid massage and bodywork license/registration issued by the State of New Jersey.
(g) 
Hindrance or obstruction of an inspection by the Board of Health or any duly authorized police officer.
(h) 
Employing or otherwise engaging massage and bodywork therapists who do not hold valid, current licenses issued by the State of New Jersey.
(2) 
Such suspension shall be upon notice issued by the Borough Clerk and take effect immediately. The business must remain closed pending the result of a hearing before the Mayor and Council or their designee. The "Notice to Close" must be displayed on the front door of the business until the hearing determination is issued.
(3) 
The Borough Clerk shall cause notice of the permit suspension to be issued to the massage and bodywork therapy establishment. Within 30 business days (excluding weekends and holidays) of said suspension, the Borough's Mayor and Council or their designee shall hold a hearing to determine if the violation(s) warrant revocation of license, or determine the length of any additional suspension. Pending the hearing, said massage and bodywork therapy establishment shall remain closed pending a decision on the hearing by the Mayor and Council or their designee.
(4) 
Notice of the hearing for the suspension or revocation shall be in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his/her address set forth in the application.
(5) 
At the conclusion of the hearing, the Mayor and Council or their designee shall determine if the business permit is to be revoked or allow reinstatement of said business permit (either immediately or after a determined suspension with conditions). Failure of the permit holder or assigned representative to agree to the Mayor and Council's or their designee's conditions, if any, will result in the revocation of the business permit. The Mayor and Council or their designee will make its final determination based on the best interests of the health, safety and general welfare of the Borough of Montvale. All findings shall be forwarded to the State of New Jersey licensing authority. If the Mayor and Council or their designee decide to revoke the permit, the massage and bodywork therapy establishment or the individual permittee will be barred from providing massage services within the Borough for five years.
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;
B. 
By a regularly established medical center, hospital or sanatorium having a staff that includes licensed physicians, chiropractors and/or physical therapists;
C. 
By any licensed physician, chiropractor or physical therapist in his or her patient's residence; 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.