[Added 8-8-2000 by Ord. No. 1-2000]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
MASSAGE, BODYWORK and SOMATIC THERAPIES
Refers to systems of activity-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 and neural myofascial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE, BODYWORK and SOMATIC THERAPIST
Any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration.
MASSAGE, BODYWORK or SOMATIC THERAPY ESTABLISHMENT
Any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered when such therapies are administered for any form of consideration.
A. 
Business permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Rockaway in Morris County as or for a massage, bodywork or somatic therapy establishment unless or until there has first been obtained a permit for such establishment or premises from the Borough of Rockaway in accordance with the terms and provisions in this article.
B. 
Massage, bodywork and somatic therapist permit required. No person shall practice massage or related therapies as a massage, bodywork or somatic therapist, employee or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic therapist's permit issued to him or her by the Borough of Rockaway pursuant to the provisions of this article.
[Amended 5-8-2014 by Ord. No. 06-14; 12-11-2014 by Ord. No. 18-14]
Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic therapy establishment or out-call massage, bodywork or somatic therapy service shall file an application with the Department of Health upon a form provided by said Department and pay an annual fee as specified in § 261-63.
Any person desiring a massage, bodywork or somatic therapy business permit shall file a written application with the Board of Health on a form to be furnished by the Health Department. The applicant shall accompany the application with a tender of 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, bodywork and somatic 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 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, completed residence address and residence telephone number.
(2) 
All previous addresses within the last five years prior to the present address of the applicant.
(3) 
Written proof of age.
(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, pleas of guilty or pleas of no contest, other than misdemeanor traffic violations, fully disclosing the jurisdiction in which same occurred and the offense for which convicted or a plea entered, and the circumstances thereof. The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Police Department. A therapist's permit may be denied to any person who has been convicted of or entered a plea of guilty or no contest to:
[Amended 12-12-2013 by Ord. No. 21-13]
(a) 
Any felony; or
(b) 
Within the five years prior to the date of the application, any disorderly person's offense, where that disorderly person's offense involves fraud, larceny, the intent to harm persons or things, indecency, lewdness, prostitution or pandering.
F. 
The names and addresses of three adult residents who will serve as character references. These references must be persons other than relatives and business associates.
[Amended 12-27-2012 by Ord. No. 28-12]
A. 
The Department of Health, upon receiving an application for a massage, bodywork or somatic therapy establishment permit, shall refer the application to the Building Division, the Fire Department, the Police Department, the Health Department and the Planning Department, which Departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Division of Licensing and Permits concerning compliance with the codes that they administer.
B. 
No massage, bodywork or somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Borough unless an inspection by the Health Officer, Building Inspector and Fire Inspector reveals that the establishment complies with the minimum requirements of the Building and Health Codes for businesses operating in the Borough of Rockaway.
A. 
To be eligible for a permit as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of:
(1) 
Successful completion of a minimum of 500 hours in-class study in the field of massage, bodywork or somatic therapy; or
(2) 
Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork.
B. 
For up to one year (365 days) after the date procedures are established by this article for applying for a permit to conduct massage, bodywork or somatic therapy in the Borough of Rockaway, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this article or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this article, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy with a minimum completion of 200 hours of education or training in massage preceding the enactment of this article, may acquire a permit to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this article, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Borough of Rockaway must fulfill the requirements listed in Subsection A(1) and (2) above.
C. 
The following information concerning the application will also be required:
(1) 
The name, complete residence address and residence telephone number.
(2) 
All previous addresses within the last five years prior to the present address of the applicant.
(3) 
Written proof of age.
(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 thereof and the business activities or occupations subsequent to such action or denial, suspension or revocation.
(7) 
All criminal convictions, pleas of guilty or pleas of no contest, other than misdemeanor traffic violations, fully disclosing the jurisdiction in which same occurred and the offense for which convicted or a plea entered, and the circumstances thereof. The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Police Department. A therapist's permit may be denied to any person who has been convicted of or entered a plea of guilty or no contest to:
[Amended 12-12-2013 by Ord. No. 21-13]
(a) 
Any felony; or
(b) 
Within the five years prior to the date of the application, any disorderly person's offense, where that disorderly person's offense involves fraud, larceny, the intent to harm persons or things, indecency, lewdness, prostitution or pandering.
(8) 
The names and addresses of three adult residents who will serve as character references. These references must be persons other than relatives and business associates.
[Amended 12-27-2012 by Ord. No. 28-12]
[Amended 5-8-2014 by Ord. No. 06-14; 12-11-2014 by Ord. No. 18-14]
The applicant for a massage, bodywork or somatic therapist's license shall pay an annual permit fee as specified in § 261-63, which permit fee shall become due on the first day of January each year.
The massage, bodywork or somatic therapy establishment shall display his/her permit and that of each and every massage, bodywork or somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
A. 
Every portion of the massage, bodywork or somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated 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 massage, bodywork or somatic therapists, shall be clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the premises, and each dressing room shall contain a tub or shower in good working order. Doors to such dressing rooms shall open inward and be self-closing.
D. 
All massage, bodywork and somatic therapy 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 or massage, bodywork or somatic therapist.
F. 
It shall be unlawful for any person knowingly, in a massage 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 of any other person.
G. 
No massage, bodywork or somatic therapist, employee or operator shall perform or offer 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 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, lotion and other preparations used in administering massage, bodywork or somatic therapies shall be kept in clean, closed containers or cabinets.
J. 
Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.
K. 
Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using proper soap or disinfectant, before administering a massage, bodywork or somatic therapy to each patron.
The Department of Health, Police Department and/or the Building Department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork or somatic therapy establishment granted a permit under the provisions of this article for the purpose of determining whether the provisions of this article are complied with. Such inspections 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, bodywork or somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage, bodywork or somatic therapy establishment except for limited periods incidental to and directly related to a massage, bodywork or somatic therapy treatment or bath. 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 businesses or clubs.
A. 
No owner or manager of a massage, bodywork or somatic therapy establishment shall tolerate in his establishment 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; laws which relate to the commission of sodomy; laws relating to the commission of adultery; and laws proscribing fornication; nor shall any owner or manager tolerate in his or her establishment an activity or behavior which violates this article.
B. 
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 club, it being specifically declared by that, following such a conviction of an employee, the owner or the manager of the club shall be prosecuted as an accessory to such a violation and the required permits will be automatically revoked.
Any person violating the provisions of this article shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000, or both, in the discretion of the court.
[Added 12-12-2013 by Ord. No. 21-13]
Any proprietor or operator aggrieved by any decision of the Health Officer, including the denial of a license, the refusal to renew a license and the suspension of a license, shall have an absolute right to appeal such decision to the Board at its next regularly scheduled meeting. For such appeal, the Health Officer or his designee shall present that evidence supporting the decision made by the Health Officer, and the aggrieved party shall present that evidence which supports a contrary decision. After hearing all the evidence presented to it, the Board, by a majority vote, shall then affirm, reverse or modify the decision of the Health Officer.