[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood 4-1-2003 by Ord. No. 03:02. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 98.
Fire prevention — See Ch. 127.
Zoning — See Ch. 233.
For the purposes of this chapter, certain words and terms herein are defined as follows:
CERTIFIED MASSAGE PRACTITIONER
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]
EMPLOYEE
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.
HEALTH AUTHORITY
A registered environmental health specialist or health officer representing the New Jersey Department of Health and Senior Services or the Norwood Board of Health.
LICENSEE
The operator of a massage establishment.
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, 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.
MASSAGE ESTABLISHMENT
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.
MASSAGE PRACTITIONER
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]
PATRON
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.
PERSON
Any individual, copartnership, firm, association, joint-stock company, corporation or combination of individuals of whatever form or character.
SEXUAL OR GENITAL AREA
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
(11) 
Unless all building, zoning, health, and fire codes are complied with and satisfactory inspection certificates are granted.[1]
[1]
Editor's Note: See Ch. 98, Building Construction, Ch. 127, Fire Prevention, and Ch. 233, Zoning.
(12) 
Only the requirements of the following subsections of this § 157-5A shall apply to massage establishments operated by state-certified massage practitioners: Subsections A(7), (9), (10), and (11).
[Added 7-6-2004 by Ord. No. 04:13]
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.
(10) 
The requirements of this § 157-5B shall not apply to massage practitioners who are certified by the state, but only to the extent that the massage practitioner performs massage, bodywork and somatic services for which he or she is certified.
[Added 7-6-2004 by Ord. No. 04:13]
[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. 
All tables, tubs, shower stalls and floors, except the reception and administrative areas, shall be made of nonporous materials which may readily be disinfected.
B. 
Closed containers shall be provided for wet towels and waste materials.
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.
[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.