[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:
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.
Any person, male or female, certified pursuant to the provisions
of the Massage, Bodywork and Somatic Therapist Certification Act,
P.L. 1999, c. 19.[1]
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.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
[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:
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 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.
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 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)
Written proof of age.
(4)
Height, weight, sex, 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 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.
(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 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]
(8)
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.
(9)
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.[1]
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
[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.
[1]
Editor's Note: Former § 130-7, Application
for therapist's permit, was repealed 3-24-2008 by Ord. No. 1034.
[1]
Editor's Note: Former § 130-8, Therapist
permit fee, 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:
A.
Every portion of the massage, bodywork and 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 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.
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, 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.
G.
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.
H.
Oils, creams, lotions and other preparations used
in administering massage, bodywork and somatic therapies shall be
keep in clean closed containers or cabinets.
I.
Animals, except for Seeing Eye dogs, shall not be
permitted in the massage work area.
J.
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.
A.
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.
B.
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.
A.
Permits issued under this chapter may be revoked by
the Health Officer, after notice and a hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement in the
application for the permit.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the permitted business in the Township.
(3)
Any violation of this chapter.
(4)
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.
(5)
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.
B.
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.
C.
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.
D.
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:
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 a licensed physician, chiropractor or physical
therapist in the residence of his or her patient; or
D.
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.
