The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning.
MASSAGE AND BODYWORK THERAPIES
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 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, the use of moist hot and cold external
applications, external application of herbal or topical preparations
not classified as prescription drugs, movement, explaining and describing
myofascial movement, self-care and stress management as it relates
to massage and bodywork therapies. Massage and bodywork therapies
do not include the diagnosis or treatment of illness, disease, impairment
or disability.
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT
Any establishment or operation wherein massage or bodywork
therapies are administered or are permitted to be administered when
such therapies are administered for any form of consideration.
Any person desiring a massage and bodywork therapy establishment
business permit shall file a written application with the Municipal
Clerk's office on a form to be furnished by the Clerk/Administrator.
The applicant shall accompany the application with a tender of the
correct fee as hereinafter provided and shall, in addition, furnish
the following:
A. The type of ownership of the business, i.e., whether individual,
partnership, 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, including facsimile,
where business is to be conducted.
D. A complete list of the names and addresses of all massage and bodywork
therapists and employees in the business and the name and residence
address of the manager or other person principally in charge of the
operation of the business.
E. The names and addresses of three adults who will serve as character
references. These references must be persons other than relatives
and business associates.
F. 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 each director, if the applicant
is a corporation; concerning the partners, including limited partners,
if the applicant is a partnership; and concerning the manager or other
person principally in charge of the operation of the business:
(1) The name, complete residence address and residence telephone number.
(2) The two previous addresses immediately prior to the present address
of the applicant.
(3) Copy of current driver's license or other government issued
ID.
(4) Height, weight, sex and color of hair and eyes.
(5) Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size.
(6) The massage therapy or similar business history and experience, including,
but not limited to, whether or not such a person has previously operated
in this or another city or state under a license or permit denied,
revoked or suspended and the reason therefor and the business activities
or occupations subsequent to such action or denial, suspension or
revocation.
(7) All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprint and criminal background
check by the Police Department.
Every applicant for a permit to maintain, operate or conduct
a massage and bodywork therapy establishment shall file an application
with the Municipal Clerk's office, upon forms to be provided
by the Clerk/Administrator, and shall pay a fee of $500. The permit
to be issued shall be valid until March 31 of the third year that
the permit is in effect.
All permit applications under this chapter shall be reviewed
and approved or denied by the Health Officer. Any permit issued pursuant
to 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 premises.
The massage and bodywork therapy establishment shall display
its state issue registration and permit issued by the Township as
well as the original or duplicate license, in accordance with N.J.A.C.
13:37A-3.4, of each and every massage and bodywork therapist employed
in the establishment in an open and conspicuous place on the premises
of the establishment.
The Municipal Clerk's office, and/or the Building Department
and Police Department, shall, from time to time, at least twice a
year, make an inspection of each massage and bodywork therapy establishment
granted a permit under the provisions of this chapter for the purpose
of determining whether the provisions of this chapter are complied
with. Such inspection shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any permittee to fail to allow such
inspection officer access to the premises or to hinder such officer
in any manner.
No part of any quarters of any massage and bodywork therapy
establishment shall be used for or connect 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, bodywork or
somatic therapy establishment in separate quarters of a building housing
a hotel or other separate business or clubs.
In addition to the revocation or suspension of the permit granted
under this chapter, any person violating the provisions of this chapter
shall, upon conviction, be punished by imprisonment for a term not
exceeding 90 days, community service for a term not exceed 90 days,
or by a fine not exceeding $2,000, or any combination thereof, in
the discretion of the court.
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, esthetician or cosmetologist/hairstylist limited
to the areas of the face, neck, scalp or upper part of the body, or
manicurists or pedicurists, as set forth in the Cosmetology and Hairstyling
Act of 1984, N.J.S.A. 45:5B-1 et seq.; or
E. By a reflexologist, certified accredited by an established reflexology
certification board, limited to the areas of the hands, ankles and
feet; or
F. As set forth in N.J.S.A. 45:11-68 of the Massage and Bodywork Therapist
Licensing Act; or
G. In a public venue in connection with a public event, such as a street
fair or festival or in a private corporate event, where the massage
is conducted in public and not in a private setting.