[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 11-13-2024 by Ord. No. 2024:12. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COUNTY HEALTH OFFICER
The Camden County Public Health Coordinator or his duly authorized designee.
EMPLOYEE
Any and all persons, other than the masseurs or masseuses, who render any services to the permittee, who receive compensation directly from the permitee and who have no physical contact with the customers and clients.
MASSAGE
Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
MASSAGE PRACTITIONER
A person who practices any one or more of the arts of body massage, either by hand or mechanical apparatus; oil rubs; corrective gymnastics; mechanotherapy, including color therapy; dietetics; hot packs; and cabinet, tub, shower, sitz, steam or any type of special bath; said person formerly referred to as "masseur" or "masseuse."
MASSEUR or MASSEUSE
A man (masseur) or woman (masseuse), including a trainee, who is 18 years of age or older, for any consideration whatsoever, engaged in the practice of massage or physiotherapy as herein defined.
PATRON
Any person 18 years of age or older who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. Any person under the age of 18 years of age must be accompanied by a parent, guardian or adult with the written permission of the parent or guardian.
PERMITTEE
The operator of a massage establishment and out-call massage service, who holds a valid massage business permit issued by the Borough of Somerdale. Any person operating a strictly "out-call massage service" must comply with all appropriate provision of this chapter.
RECOGNIZED MASSAGE SCHOOL
Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 70 hours, to be given in not more than three calendar months, before the student shall be furnished with a diploma or certification of graduation from such school or institution of learning following the successful completion of such course of study of learning.
It is hereby declared that the business of operating a massage parlor, as defined in this chapter, is a business affecting the public health, safety and general welfare.
A. 
Business establishment permit required. No person shall engage in or carry on the business of massage unless there has first been issued a valid massage business permit issued by the Borough of Somerdale pursuant to the provisions of this chapter for each and every separate office, location, or place of business conducted by such person.
B. 
Massage practitioner's permit required. No person shall practice massage as a masseur, masseuse, employee or otherwise, unless he or she has a valid massage practitioner's permit issued to him or her by the Borough of Somerdale pursuant to the provisions of this chapter.
A. 
Every applicant for a permit to maintain, operate or conduct a massage establishment, or out-call service, shall file an application with the Clerk of the Borough of Somerdale and pay an annual establishment fee of $100, which fee shall become due on the first day of January of each year and shall not be refundable.
B. 
Every applicant for a masseur's or masseuse's license shall pay an annual license fee of $50, which fee shall become due on the first day of January of each year and shall not be refundable.
Every applicant for a permit to maintain, operate or conduct a massage business establishment or out-call massage service shall file an application with the Clerk of the Borough of Somerdale, upon a form provided by the Clerk. The application shall provide the following information:
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 or practice is to be conducted.
C. 
The business address and the telephone numbers where the business is to be conducted.
D. 
A complete list of the names and residence addresses of all masseurs and employees in the business and the name and residence addresses of the manager or other person principally in charge of the operation of the business.
E. 
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, social security number, complete residence address and residence telephone number,
(2) 
The two previous addresses immediately prior to the present address of the applicant.
(3) 
Written proof of age.
(4) 
Height, weight, color of hair and eyes and sex.
(5) 
Two front-fact 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 or similar business history and experience including but not limited to whether or not such person has previously operated in this or another town or state under a license or permit or has had such license or permit denied, revoked or suspended and the reason therefore and the business activities or occupations subsequent to such action of denial, suspension or revocation.
(7) 
All criminal convictions other than traffic violations, but including "DUI' motor vehicle offenses, 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.
(8) 
A diploma, certification or other written proof of graduation from a recognized massage school by the person who shall be directly responsible for the operation and management of the massage business and who are also performing massage services.
F. 
Such other information, identification and physical examination of the person as shall be deemed necessary by the Borough Clerk or the County Health Officer to discover the truth of the matters hereinbefore required to be set forth in this application.
G. 
Authorization for the Borough and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
H. 
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.
I. 
A 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 and signed in the Borough.
A. 
No massage establishment shall be issued a permit or be operated, established or maintained in the Borough unless an inspection by the County Health Officer, appropriate Construction Subcode Official/Inspector, Local Fire Marshal/Fire Official, Zoning Officer and Code Enforcement Officer reveals that the establishment complies with each of the following minimum requirements:
(1) 
Construction of rooms used for toilets, tubs, steam baths and showers shall be made of waterproof, light color, easily cleanable materials and shall be installed in accordance with the New Jersey Uniform Construction Code.
(2) 
All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily cleanable and be a smooth surface for the necessary disinfection process.
(3) 
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.
(4) 
The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable or non-single-use instruments and materials shall be cleaned, disinfected and sanitized after use on each patron.
(5) 
Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.
(6) 
Toilet facilities shall be provided in convenient locations. When patrons and employees of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for half of the water closets for the male patrons after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
(7) 
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap from a dispenser and with paper towels, sanitary towels or hand air dryer.
(8) 
The premises shall be equipped with a service sink for custodial service.
(9) 
The premises shall meet all applicable codes of the Borough of Somerdale, including but not limited to the Uniform Construction Coe and Uniform Fire Code.
(10) 
No part of the massage business establishment shall be used for or connected with any bedroom or sleeping quarters. Nor shall any person sleep in such massage business establishment except for limited period incidental to and directly related to a massage.
B. 
The owner, operator and/or manager shall permit access to all parts of establishment for inspection at any time during the hours of operation. All county and local officials shall certify that the proposed massage establishment complies with all the requirements of this section of this chapter and shall send such certification to the license inspector.
The Borough Clerk, upon receiving an application for a massage establishment permit, shall refer the application to the Department of Community Development, Department of Police, the Fire Department, the County Health Department and the Borough Planning Department, which departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Borough Clerk concerning compliance with the codes that they administer.
Any person desiring a massage practitioner's permit shall file a written application with the Clerk on a form to be furnished by the Borough Clerk. The applicant shall tender with the application the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
A. 
The business address and all telephone numbers where the massage is to be practiced.
B. 
The following personal information concerning the applicant:
(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) 
Written proof of age.
(4) 
Height, weight, color of hair and eyes and sex.
(5) 
Two front-face portrait photographs taken with 30 days of the date of application and at least two inches by two inches in size.
(6) 
The massage or similar business history and experience, including but not limited to whether or not such person has previously operated in this or another city or state under a license or permit or has had such license or permit denied, revoked or suspended and the reason therefore and the business activities or occupations subsequent to such action of 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.
(8) 
A diploma, certificate or other written proof of graduation from a recognized massage school where the theory, method, profession or work of massage is taught.
(9) 
A statement, in writing, from a licensed physician in the state that he has examined the applicant and believes the applicant to be free of all communicable diseases.
C. 
Such information, identification and physical examination of the person deemed necessary by the Borough Clerk in order to discover the truth of the matters hereinbefore required to be set forth in the application.
D. 
Authorization for the Borough and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
The Clerk shall issue a permit within 21 days following receipt of a completed application, if all requirements for a massage establishment described in this section are met and shall issue a permit to all persons who apply to perform massage services unless he or she finds that:
A. 
The correct permit fee has not been tendered to the Borough and, in the case of a check or bank draft, honored with payment upon presentation.
B. 
The operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the building, zoning and health regulations.
C. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the Borough in conjunction therewith.
D. 
The applicant has had a massage business, massage practitioner or other similar permit or license denied, revoked or suspended for any of the above causes by the Borough or any other state or local agency within five years prior to the date of the application.
E. 
The applicant, if an individual; any of the officers and directors, if the applicant is a corporation; any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business is not over the age of 18 years.
F. 
The manager or other person principally in charge of the operation of the business has not successfully completed a resident course of study or learning of not less than 70 hours from a recognized school where the theory, method, profession or wok of massage is taught.
G. 
The applicant, if an individual; any of the stockholders holding more than 10% of the stock of the corporation or any of the officers or directors, if the applicant is a corporation; any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business has been convicted of a felony, or any crime involving dishonesty, fraud or deceit within the last five years.
H. 
The applicant has a criminal conviction for an offense involving sexual misconduct, lewdness, rape, prostitution, pandering sexual offenses with children, or any other sexual offense as defined in N.J.S.A. 2C:14-1 et seq., N.J.S.A. 2C:34-1 et seq.
The Borough Clerk shall issue a massage practitioner permit within 21 days following receipt of completed application unless it is determined that the applicant for the masseur or masseuse's permit has been convicted within the last five years of a felony, or has ever been convicted of the following offenses: Sexual misconduct, lewdness, rape, prostitution, pandering sexual offense with children, or any other sexual offense as defined in N.J.S.A. 2C:14-1 et seq., N.J.S.A. 2C:24-4 or 2C:34-1 et seq., or any crime involving dishonesty, fraud or deceit.
A. 
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operating in a sanitary condition.
B. 
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
C. 
All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments. A separate dressing room for each sex must be available on the premises, and each dressing room shall contain a tub or shower in good working order and individual lockers for each employee and customer. Doors to such dressing rooms hall open inward and shall be self-closing.
D. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner.
E. 
The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse.
F. 
It shall be unlawful for any person (patron or employee) knowingly, in a massage establishment, to place his/her hand upon or touch with any part of his/her body, to fondle in any manner or to massage a sexual or genital area of any person or solicit a sexual conduct.
G. 
No masseur or masseuse, employee or operator shall perform, offer or agree to perform any act which would require the touching of the patron's sexual or genital area.
H. 
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 or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day that the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.
I. 
Oils, creams, lotions and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
J. 
Eating in the massage work areas shall not be permitted. Animals, except for Seeing Eye, hearing ear, or service dogs, shall not be permitted in the massage work area.
K. 
Each masseur and masseuse shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron.
A. 
All premises used by permitees hereunder shall be periodically inspected by the appropriate official/inspector as per applicable local, county or state statute and ordinance concerning the health, safety and welfare of occupants or users of buildings and structures. The walls shall be clean and panted with light color, washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linens and item for the personal use of operators and patients shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets, provided that such paper is changed for every patron. No massage service or practice shall be carried on with any cubicle, room or booth or any area within a massage establishment which is fitted with a door capable of being locked.
B. 
Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof.
Any permit issued for a massage establishment or out-call massage service may be revoked or suspended by the Clerk, after a hearing before the County Health Officer, for good cause or in any case where any of the provisions of this chapter are violated or where any employee of the permittee, including a masseur and masseuse, is engaged in any conduct which violates any of the constructive knowledge of such violations or the permittee shall have actual or constructive knowledge by due diligence or in any case where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the Borough of Somerdale to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Borough Clerk, after hearing before the County Health Officer and upon the recommendation of the County Health Officer that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation and hygiene.
A masseur or masseuse's permit issued by the Clerk to any employee shall be revoked or suspended by the Clerk on any of the following grounds:
A. 
Violation of any of the provisions of this chapter.
B. 
Conviction of:
(1) 
A crime of the first, second or third degree.
(2) 
Any offense involving sexual misconduct.
(3) 
Keeping or residing in a house of ill fame, solicitation of lewd or unlawful acts, prostitution or pandering.
(4) 
Any crime involving dishonesty.
Any person under the age of 18 years of age must be accompanied by a parent or guardian or adult with written permission of the parent or guardian.
No owner or manager of a massage business establishment shall permit or tolerate any activity or behavior prohibited by the laws of the State of New Jersey, specifically, but not limited to, indecency, obscenity and or other sexual offenses. Any conviction of any masseur, masseuse or employee of the massage business establishment of an offense involving indecency, obscenity and/or other sexual offense shall be cause for revocation of the massage business establishment and massage practitioner permit issued by the Borough of Somerdale.
A. 
Alcoholic beverages shall not be distributed or consumed on the premises of any massage business establishment licensed under this chapter.
B. 
Controlled dangerous substance, as defined by the laws of the State of New Jersey, shall not be distributed or consumed on the premises of any massage business establishment licensed pursuant to this chapter.
A. 
No massage business establishment shall be located within 1,000 feet of a preexisting massage business establishment, or any residential zone or property presently used for residential purposes, or any school or place of worship.
B. 
No massage business establishment shall be located within 500 feet of any business licensed to sell alcoholic beverages.
The operator of a massage establishment or an out-call massage service must maintain a register of all persons employed as masseurs or masseuses and their numbers. Such register shall be available for inspection at all times during regular business hours.
Nothing in this chapter shall be construed so as to affect the practice of medicine, physical therapy, chiropractic, massage and bodywork therapist license pursuant to N.J.S.A. 45:11-53, or any other similarly recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice with hours at the location in such practice, profession or occupation and whose license would lawfully authorize any massage.
A. 
Each license issued pursuant to this chapter shall terminate on the 31st day of December next following the date of issuance. Application fees shall not be prorated.
B. 
No license issued pursuant to this chapter shall be transferable; provided, however, that in case of death of the licensee of a massage business establishment; the executors or administrators of the estate may exercise the privileges of the license so as to allow for the orderly dissolution or disposition of the business, but no longer than 90 days or the expiration of the license, whichever first occurs.
All persons who presently operate a massage establishment or who are employed as a masseur must apply for a permit within 30 days of the effective date of this chapter.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,200, or both, in the discretion of the court.