For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
APPLICANT
Person applying for a license under this article and must
include all partners, including limited partners, of a partnership
applicant, any officer or director of a corporate applicant, and any
stockholder holding more than 2% of the stock of a corporation applicant.
CUSTOMERS AND MEMBERS
A person who patronizes a health spa or related use and utilizes
the services afforded on the premises by any employee or independent
contractor under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
EMPLOYEES
Any and all persons, including independent contractors, who
render any services on behalf of a health spa or related use to customers
or members and who are paid directly either by the operator or the
establishment or by the customers and members.
HEALTH SPA
A place providing shower facilities and affording to its
customers or members facilities for physical exercise, including,
but not limited to, swimming, dancing, body building, gymnastics,
nautilus equipment or equivalent, jogging, aerobic dancing, slimnastics,
steam rooms, sauna, whirlpool, tanning and related uses.
RELATED USES
This article shall apply to owners and operators of any facilities
offering any of the activities of a health spa, even if such related
uses are part of a nonregulated facility, such as a tennis or racquetball
club, a gymnasium or other use.
Any person desiring to own or operate a health spa, massage
and bodywork establishment or related use within the Borough of Spotswood
shall file a written application with the Municipal Clerk to be filed
by the owner and operator on a form to be furnished by the Municipal
Clerk. The applicant shall pay an annual license fee of $200 and shall
in addition furnish the following information:
A. Whether ownership of the business is by an individual, a partnership,
a 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 where the business
is to be conducted.
D. Name, complete residence address and residence telephone numbers
of principals of applicant, manager and assistant manager.
E. The two previous addresses immediately prior to the present address
of the applicant.
F. Height, weight, color of hair and eyes, place and date of birth and
social security number of principals of applicant, manager and assistant
manager, if any, of the premises.
G. The business history and experience of the principals of the applicant,
including but not limited to whether or not such person in previously
operating a health spa has had a license or permit denied, revoked
or suspended and the reason therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation.
H. All criminal convictions of the principals of the applicant within
seven years prior to the filing of the application, other than traffic
or disorderly persons violations, fully disclosing the jurisdiction
in which convicted, and the offense for which applicant was convicted
and the circumstances thereof. The applicant shall submit to a full
criminal history check by an agency approved by the Borough and shall
submit to the same on a triennial basis thereafter. The applicant
shall execute a waiver and consent to permit a fingerprint and criminal
background including criminal history check. The cost of the criminal
background check shall be borne by the applicant. Upon receipt of
the results of their fingerprint and criminal history check, the applicant
shall provide all documentation to the Spotswood Police Department
Investigative Division.
I. Authorization for the municipality, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualification of the applicant
for the permit.
J. A copy of each massage, bodywork and/or somatic therapists'
valid state certificate or license issued pursuant to the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53
et seq.
K. A complete list of the names and residence address of all massage,
bodywork and therapists and employees in the business.
L. Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated, signed and sworn to before
a notary public or attorney of the State of New Jersey. The Police
Department will pursue any and all criminal charges applicable against
any applicant that provides false information to the Borough on its
application.
The applicant shall be subject to the provisions of the Code
of the Borough of Spotswood. The Director of Public Safety shall file
his report with the Municipal Clerk within 30 days of the filing of
the application and the license shall be issued by the Municipal Clerk
unless the investigation discloses one of the following:
A. The applicant, a stockholder holding at least 2% of the stock of
the corporation, an officer or director of a corporation or any of
the partners including limited partners or the manager or other person
principally in charge of the operation of the business have been convicted
of any crime involving dishonesty, fraud, deceit, sexual misconduct,
prostitution, soliciting for purposes of prostitution or any other
crime involving prostitution or any other crimes for which one of
the principals has been convicted unless such conviction occurred
more than seven years prior to the date of the application.
B. The applicant or any of its principals has knowingly made any false,
misleading or fraudulent statement of fact in the license application
or in any document required by the municipality in conjunction therewith.
C. The applicant has had a municipal license or permit for a similar
use denied, revoked or suspended for any of the above causes, which
action was not reversed by a court of competent jurisdiction within
seven years prior to the filing of the application.
No health spa, massage and bodywork establishment or related
use shall be issued a license nor shall the same be operated, established
or maintained in the Borough of Spotswood unless the facilities are
made available for periodic inspection by representatives of the Department
of Public Safety and the Division of Construction Inspection to make
certain that the premises are in conformity with all municipal and
state requirements. Among other things, the owners and operators of
the premises must comply with each of the following minimum requirements:
A. Tanning rooms, if any, shall be Underwriter-Laboratory-approved and
comply with all federal and state requirements including, but not
limited to, Food and Drug Administration standards.
B. Separate facilities for lockers, dressing, showers and massages are
to be provided so that male and female customers or members will not
be in the changing or shower rooms at the same time, subject to the
right of the applicant to provide separate changing rooms or use of
such facilities on an alternating basis by male and female customers
or members.
C. Areas shall be provided and used for the storage of clean linen,
towels and other materials used in the operation of the health spa.
All soiled linen, towels and other materials shall be kept in properly
covered containers or cabinets separate from the clean storage area.
D. All employees shall wear clean, nontransparent outer garments at
all times.
E. The sexual and genital area of customers and members must be covered
by towels, clothes or undergarments in the presence of an employee,
masseur, masseuse or other patrons except in the shower area.
F. No employee, masseur or masseuse shall perform any act in violation
of the Borough of Spotswood ordinances which prohibit sex clubs and
massage parlors.
G. No massage or bodywork establishment may conduct business between
11:00 p.m. and 8:00 a.m. the following day.
Effective September 4, 2012, P.L. 2007, c. 337, the Massage
and Bodywork Therapist Licensing Act requires that any person engaged in the practice of massage
and/or bodywork therapy, as defined in the Act, must be licensed by
the State Board of Massage and Bodywork Therapy.
No license for the operation of a licensed premises issued pursuant
to the provisions of this article shall be transferable except upon
the filing of a new application with the Municipal Clerk, and such
transfer shall not be valid until the application for transfer is
approved; provided, however, that upon the death or incapacity of
the licensee, the health spa or related use may continue in business
until the anniversary date of the license to allow for an orderly
transfer of the license.
Any person affected by the findings and determinations of the
Borough Clerk with regard to an application filed under this article
may appeal to the Borough Council of the Borough of Spotswood, provided
such appeal is filed within 20 days after the date of such determination
by the Borough Clerk. The Borough Council may extend the time within
which to file an appeal by an additional 30 days upon a showing of
good cause. The Borough Council shall conduct a hearing based upon
the documents which have been filed and shall permit oral argument
and submission of written argument but shall entertain no new evidence
at the time of the Council hearing.
This article shall not apply to licensed hospitals, licensed
nursing homes or clinics or persons holding an unrevoked certificate
to practice the healing arts under the laws of the state, or persons
working under the direct supervision and in their presence, of any
such persons or in any such establishments, nor shall this article
apply to barbers or cosmetologists lawfully carrying out their particular
profession or business and holding a valid, unrevoked license or certificate
of registration issued by the state, nor to nonprofit corporations,
nor to governmental entities.