[HISTORY: Adopted by the governing body of the Township of Little Falls 10-14-2003 by Ord. No. 921. Amendments noted where applicable.]
The purpose of this chapter is to protect and preserve the health, safety and welfare of the citizens of the Township of Little Falls and the patrons of massage, bodywork and somatic therapy businesses. The governing body desires to minimize and control any adverse utilization of the businesses aforestated and to protect the citizens to preserve the quality of life, protect and preserve property values, and the character of surrounding neighborhoods.
[Amended 3-24-2008 by Ord. No. 1034]
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
- MASSAGE, BODYWORK AND SOMATIC THERAPIES
- Any system or activity of structured touch which includes, but is 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, 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 applications of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial 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, certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19.
- MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
- Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[Amended 3-24-2008 by Ord. No. 1034]
Massage, bodywork and somatic therapy establishment permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Little Falls as or for a massage, bodywork and somatic therapy establishment unless or until there has been obtained a permit for such establishment or premises from the Township of Little Falls in accordance with the terms and provisions of this section.
Any person requesting a massage, bodywork and somatic therapy establishment permit shall file a written application with the Health Department upon a form to be furnished by the Health Department. The application form shall contain the following information:
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
The name, style and designation under which the business is to be conducted.
The business address and all telephone numbers, including facsimile, where business is to be conducted.
A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence address of the manager or other person principally in charge of the operation of the business.
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 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:
The name, complete residence address and residence telephone number.
The two previous addresses immediately prior to the present address of the applicant.
Written proof of age.
Height, weight, sex, color of hair and eyes.
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.
The massage therapy or similar business history and experience, including, but not limited to, whether or not such person has previously operated in this or another municipality 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.
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 consent to allow, and pay for, fingerprinting and criminal background check to be made by a private fingerprinting and criminal background checking company selected and approved by the Little Falls Township Police Department. All information developed as a result of the background check and fingerprinting shall be forwarded directly from the company to the Township of Little Falls Police Department for review. Failure to consent and comply with this provision shall result in the denial of a permit. An establishment permit shall be denied to any person who has been convicted of any crime or disorderly persons offense, other than traffic violations.
[Amended 10-19-2015 by Ord. No. 1228]
The name and addresses of three adult residents who will serve as character references. These references must be persons other than relatives and business associates.
A sworn statement indicating that all massage, bodywork and somatic therapists employed or to be employed by the business or otherwise permitted to work at the business have been certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19.
[Amended 12-22-2008 by Ord. No. 1060]
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Health Department upon a form to be furnished by said Department, and shall pay a fee as set forth in Chapter 71, Fees, which permit fee shall become due on the first day of January each year.
The Department of Health, upon receiving a complete application for a massage, bodywork and somatic therapy establishment permit, shall refer the application to the Building Department, Fire Department and Planning Department. Each department, including the Health Department, shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Division of Licensing and Permits concerning compliance with the codes under their jurisdiction. No massage, bodywork, and somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Township of Little Falls unless an inspection by the Health Officer, Building Inspector and Fire Inspector reveals that the establishment complies with the minimum requirements of the Building, Fire and Health Codes for businesses operating in the Township of Little Falls.
Editor's Note: Former § 130-7, Application for therapist's permit, was repealed 3-24-2008 by Ord. No. 1034.
[Amended 3-24-2008 by Ord. No. 1034]
The massage, bodywork and somatic therapy establishment shall display the certification of each and every massage, bodywork and somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.
Every massage, bodywork, and somatic therapy establishment shall comply with the following operating requirements:
Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
All employees, including massage, bodywork and somatic therapists, shall be clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the premises. Doors to such dressing rooms shall open inward and shall be self-closing.
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.
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.
It shall be unlawful for any person knowingly, in a massage, bodywork or somatic 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 of any other person. 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.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces 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 keep dry, clean and sanitary.
Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be keep in clean closed containers or cabinets.
Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.
Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron.
The Department of Health, Fire Department and/or the Building Department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a permit under the provisions of this chapter for the purpose of determining whether the provisions of this chapter are being 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.
It shall be the obligation of the Little Falls Township Police Department, through the Chief of Police, to make necessary assignments to investigate any violations of a criminal or quasi-criminal nature, including but not limited to public indecency as outlined in N.J.S.A. 2C:34-1 and N.J.S.A. 2C:34-2.
Permits issued under this chapter may be revoked by the Health Officer, after notice and a hearing, for any of the following causes:
Fraud, misrepresentation or false statement in the application for the permit.
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Township.
Any violation of this chapter.
Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution or any crime involving dishonesty.
Conducting the permitted business in the Township in an unlawful manner or in such manner as to endanger the health, safety or general welfare of the public.
Notice of the hearing for the revocation of a permit shall be given 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 last known address at least five days prior to the date set for the hearing.
Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Township of Little Falls.
The Health Officer shall serve as hearing officer for any hearing pursuant to this section.
The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:
In the office of a licensed physician, chiropractor or physical therapist; or
By a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
By a licensed physician, chiropractor or physical therapist in the residence of his or her patient; or
By a licensed barber or cosmetologist/hairstylist limited to the area of the face, neck, scalp or upper part of the body as set forth in Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.