[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood
4-1-2003 by Ord. No. 03:02. Amendments noted where
applicable.]
For the purposes of this chapter, certain words and terms herein are
defined as follows:
A person who is certified by the State of New Jersey to provide massage,
bodywork and somatic services pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, N.J.S.A. 45:11-53 to 45:11-67, and the regulations
promulgated thereunder, N.J.A.C. 13:37-16.1 to 13:37-16.16.
[Added 7-6-2004 by Ord. No. 04:13]
Any person other than a massage practitioner who renders any service
in connection with the operation of a massage business and receives compensation
from the operator of the business or patrons.
A registered environmental health specialist or health officer representing
the New Jersey Department of Health and Senior Services or the Norwood Board
of Health.
The operator of a massage establishment.
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, feet, or with the aid of any mechanical
or electrical apparatus or appliance, with or without such supplementary aids
as rubbing alcohol, liniments, antiseptics, oil, powder, creams, lotions,
ointments, or such other similar preparations commonly used in this practice.
Any establishment having a fixed place of business where any person,
firm, association or corporation engages in, carries on, or permits to be
engaged in or carried on any of the activities mentioned in the definition
of massage.
A person, whether or not certified by the State of New Jersey, who
provides massage services as defined by this Code.
[Amended 12-28-2005 by Ord. No. 05:31]
Any person who receives a massage under such circumstances that it
is reasonably expected that he or she will pay money or give other consideration
therefor.
Any individual, copartnership, firm, association, joint-stock company,
corporation or combination of individuals of whatever form or character.
Genitals, anus or perineum of any person, or the breasts or vulva
of a female.
It is hereby declared that the business of operating massage and/or
somatic therapies business, as defined in this chapter, is a business affecting
the public health, safety and general welfare.
[Amended 12-28-2005 by Ord. No. 05:31; 3-6-2007
by Ord. No. 07:01]
No person shall operate a massage establishment in the Borough without obtaining from the Borough Clerk a massage establishment license. The person operating a massage establishment shall require that all persons working in the massage establishment wear and display the required photo identification card issued by the Norwood Police Department pursuant to the requirements of § 157-4.
[Amended 12-28-2005 by Ord. No. 05:31; 3-6-2007
by Ord. No. 07:01]
No person shall work as a massage practitioner in the Borough without
obtaining from the Borough Clerk a massage practitioner license, which shall
be in the form of a photo identification card issued by the Norwood Police
Department. Massage practitioners shall wear and display this photo identification
card on their outermost garment at all times while working at a massage establishment.
A.
Massage establishment. No such license shall be issued
to any person(s):
(1)
Under 18 years of age;
(2)
Convicted of a crime of moral turpitude or any sex-related
offenses;
(3)
Unless documentary proof is submitted to the Department
of Health establishing the applicant's satisfactory completion of a minimum
of 500 hours study of massage, anatomy or physiology;
(4)
Unless the applicant provides the Department of Health
with an affidavit from a duly licensed physician of the State of New Jersey
establishing that the applicant is free from contagious and communicable diseases,
within 30 days of date of application;
(5)
Unless the person is in compliance with the standards
and applicable laws pertaining to massage therapy as regulated by the New
Jersey Board of Nursing;
(6)
Unless the applicant accurately and correctly completes
a comprehensive written application, in a form to be provided by the Police
Department, which application, to include photographing and fingerprinting
by the Norwood Police Department, and prior residence and employment of the
last ten years, to include addresses and points of contact;
(7)
Unless a license fee of $250 is received. An additional
fee will be charged for State Police fingerprinting fee made payable to New
Jersey State Bureau of Investigation;
(8)
Unless that person is a member of a nationally recognized
massage therapy association;
(9)
Unless that person has disclosed the funding source for
opening the establishment and all parties who hold an interest in the establishment
of 10% or greater;
(10)
Unless documentary proof of liability insurance is submitted;
and
B.
Massage practitioner. No such license shall be issued
to any person:
(1)
Under 18 years of age;
(2)
Convicted of a crime of moral turpitude or any sex-related
offenses;
(3)
Unless documentary proof is submitted establishing the
applicant's satisfactory completion of a course of massage therapy, minimum
of 500 hours by a Department-of-Education-recognized school;
(4)
Unless that person is in compliance with the standards
and applicable laws pertaining to massage therapy as regulated by the New
Jersey Board of Nursing;
(5)
Unless that person is a member of a nationally recognized
massage therapy association;
(6)
Unless documentary proof of liability insurance is submitted;
(7)
Unless the applicant provides an affidavit from a duly
licensed physician of the State of New Jersey establishing that the applicant
is free from contagious and communicable diseases, within 30 days of the date
of application;
(8)
Unless the applicant accurately and correctly completes
a comprehensive written application, in a form to be provided by the Norwood
Police Department to include among other things, a detailed description of
the applicant to include photographing and fingerprinting and prior residence
and employment of the last 10 years to include addresses and points of contact;
and
(9)
Unless a license fee of $100 is received.
[Amended 7-6-2004 by Ord. No. 04:13]
Every license shall be displayed in a conspicuous place within the massage
establishment so that persons entering the premises may readily see same.
Every license issued pursuant to this chapter shall include a current photograph
of the person to whom the license is issued.
A.
Massage establishment. Every massage establishment license
issued pursuant to this chapter shall expire at the end of the calendar year
or unless sooner suspended or revoked and may be renewed upon compliance with
the licensure requirements above, except that the renewal fee shall be $100
annually.
B.
Massage practitioner. Every massage practitioner license
issued pursuant to this chapter shall expire at the end of the calendar year
or unless sooner suspended or revoked and may be renewed upon compliance with
the licensure requirements above, except that the renewal fee shall be $100
annually.
[Amended 7-6-2004 by Ord. No. 04:13]
Except for massage establishments that are operated by massage practitioners
who are certified by the state:
A.
All equipment, shower stalls, toilets, lavatories and
any other such accoutrements of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary condition
at all times.
B.
Uniform Construction Code officials, Health Authority,
fire prevention officials, plumbing, electric and building inspectors shall
be given access to any part of a massage and/or somatic therapies business
for the purposes of inspection at all reasonable times. Refusal to permit
entry by any of the above officials or obstruction of any investigation shall
be grounds for revocation of license.
C.
No massage and somatic therapies business shall knowingly
serve any patron infected with any fungus or other skin infections, nor shall
service be performed on any patron exhibiting skin inflammation or eruptions,
provided that a duly licensed physician may certify that a person may be safely
served, prescribing the conditions thereof.
D.
All personnel shall wash their hands in hot running water,
using a proper soap or disinfectant, before giving any service or treatment
to each separate patron.
E.
All personnel, including massage practitioners shall
wear clean, nontransparent outer garments, covering the sexual and genital
areas.
F.
Nondisposable tools of the trade shall be disinfected
after use upon one patron.
G.
The sexual or genital area of patrons must be covered
by towels or cloths and undergarments when in the presence of an employee
or massage therapist.
H.
It shall be unlawful for any person, knowingly, in a
massage establishment, to place his or her hand upon, to touch with any part
of his or her body, or to fondle in any manner a sexual or genital area of
any other person.
I.
No massage therapist, employee or operator shall perform
offer or agree to perform, any act which would require the touching of the
patron's genital area.
J.
Price rates for all services shall be prominently posted
in the reception area and in each massage room in a location available to
all prospective customers. Such posting shall include a statement as follows:
|
Pursuant to the ordinances of the Borough of Norwood: The genital areas
of all customers shall be covered at all times when in the presence of an
employee or massage therapist. No employee or massage therapist shall touch
or fondle in any manner the sexual or genital area of any person. Any person
or customer violating this ordinance shall be subject to prosecution under
this and applicable state law.
|
No part of any quarters of any massage or somatic therapies business
shall be used for or connected with any bedroom or sleeping quarters, nor
shall any person sleep in such massage or somatic therapies business except
for limited periods incidental to and directly related to a massage or bath.
This provision shall not preclude the location of a massage or somatic therapies
business in separate quarters of a building housing a hotel or other separate
businesses or clubs.
[Amended 7-6-2004 by Ord. No. 04:13]
Except for massage establishments that are operated by massage practitioners
who are certified by the state:
A.
The conviction of any applicant or licensee of any criminal
offense, quasicriminal offense, or sanitary code violation related to the
licensee's business, or any sex-related offense shall constitute a forfeiture
of their license and the license shall be deemed revoked.
B.
Each licensee shall be deemed responsible for a clean
and safe business operation on the premises. The violation of any law at said
premises shall be grounds for the revocation of the licenses of all licensees
operating on the premises.
Any violation by the licensee of any of the provisions of this chapter
shall be grounds for the immediate revocation of a license. However, the license
shall not be revoked until a hearing therein shall have been had before the
Health Authority. Written notice of the time and place of such hearing shall
be served upon the licensee at least 72 hours prior to the date set for such
hearing. Such notice shall also contain a brief statement of the grounds to
be relied upon for revoking the license. Notice may be given either by personal
delivery or by regular mail to the address listed on the license. At the hearing
before the Health Authority, the licensee shall have an opportunity to answer
and may thereafter be heard, and upon due consideration and deliberation by
the Health Authority, the license may be revoked or the complaint may be dismissed.
The decision of the Health Authority shall constitute final administrative
action of the municipality.
The business operation is subject to unannounced Department of Health
and Police Department visits to insure the protection of the citizens.
[Amended 3-6-2007 by Ord. No. 07:01]
A.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding 90 days, by a fine not exceeding $2,000, and/or by a period of community service not exceeding 90 days, in the discretion of the judge of the municipal court. In addition to the foregoing, any person convicted of violating the requirements of § 157-3 or § 157-4 shall be punished by a minimum fine of $150 for the first offense, $500 for the second offense, and license revocation and a fine and jail term as set forth above for the third offense.
B.
A violation of any section of this chapter shall also
be ground for revocation of any license, certificate of occupancy or permit
issued by the Borough of Norwood for the premises.
C.
Every day that the provisions of this chapter are violated
by any person, as defined herein, shall be a separate and distinct violation
of this chapter.
