[HISTORY: Adopted by the Township Council of the Township of Burlington 8-23-2005 by Ord. No. 05-OR-021 (Sec. 12:15 of the 1975 General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms are defined as follows:
- The practice of a profession scientifically applied to the patient by the operator's hands.
- MASSAGE ESTABLISHMENT
- Any massage establishment or place of business wherein massage as to all or any one or more of the above-named subjects and methods of treatments, as defined in this section, shall be administered or used.
- MASSAGE THERAPIST
- Any person who practices or administers as to all or any of the following named subject matters and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage; to wit, the art of body massage either by hand, or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, hot and cold packs, tub, shower or cabinet baths. Variations of the following procedures are employed: touching, stroking, friction, kneading, vibration, percussion and medical gymnastics. Massage therapists shall not diagnose or treat classified diseases nor practice spinal and other joint manipulations nor prescribe medicines or drugs.
Massage therapist license. It is unlawful for any person or persons to engage in the practice or attempt to practice massage, whether for fee or gratuitously, to conduct massage without a license issued by the Clerk of Burlington Township pursuant to the provisions of this section.
Massage establishment. It is unlawful for any person or persons to operate or conduct any massage establishment which does not conform to the sanitary provisions herein contained or to employ any person as a massage operator who does not hold a license.
All applicants must meet the requirements of certification pursuant to the provisions of N.J.S.A. 45:11-53 et seq., as a massage, bodywork and somatic therapist.
Any person desiring to obtain a license to operate a massage establishment or to perform massage services shall make application to the Township Clerk, who shall refer all such applications to the Director of Public Safety or other designated officer for an appropriate investigation.
Each application shall be accompanied by an annual license fee of $100.
Any employee desiring to be licensed as a massage therapist pursuant to conditions of this chapter shall pay an annual fee of $100 and otherwise comply with the application requirements of this section where applicable.
Granting a license. Upon payment of the application fee, submitting of all information required by the application, and upon proper inspection, a license shall be granted immediately, if all requirements described in this chapter are met, unless it appears that any such applicant has deliberately falsified the application or the record of such applicant shall reveal a conviction of a felony or a crime of moral turpitude.
Appeal or denial of license. Any person denied a license pursuant to these provisions may appeal to the Township Council, in writing, stating reasons the license should be granted. The Council may grant or deny the license. The Council may also review any determination of the Director of Public Safety or other designated officer, granting or denying a license on its own motion.
Licenses are nontransferable. All licenses issued hereunder are nontransferable; provided that a change of location of a massage establishment may be permitted pursuant to the provisions hereof.
Term of license. All licenses issued pursuant to this section shall be for a term commencing on January 1 of each year and terminating on December 31 of each year. Any application fee for a license made after January 1 of any year will not be prorated.
Every person to whom a license is granted shall display such license in a conspicuous place at his/her place of business.
Hours of operation for a licensed massage establishment is permitted from 9:00 a.m. to 10:00 p.m. daily.
No license to conduct a massage establishment shall be issued unless an inspection discloses that the establishment complies with each of the following minimum requirements:
Sign. A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, also, that all such signs shall otherwise comply with the general sign requirements of the Township.
Lighting. Minimum lighting shall be provided in accordance with the applicable ordinances of the Township and, additionally, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being rendered.
A change of location of the massage premises shall be approved by the Director of Public Safety or other designated officer, provided all applicable ordinances are complied with and the change of location fee of $100 is paid first.
It shall be the responsibility of the holder of the license for a massage establishment to ensure that each person employed as a massage therapist shall first have obtained a valid license pursuant to this chapter.
At least twice each year an inspection of each massage establishment may be made by the Direction of Public Safety or other designated officer for the purpose of determining that the provisions of this chapter are met.
Hearing notice. No license shall be revoked until after due notice and a hearing shall have been held before the Township Council to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least 10 days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license and shall designate the time and place where such hearing shall be held.
Service of notice. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event the license holder cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the license holder at his/her place of business or residency at least 10 days prior to the date of such hearing.
The license of a massage therapist may be revoked by Township Council with recommendation from the Township Clerk and Director of Public Safety for one or more of the following grounds:
That the licensee is guilty of fraud in the practice of massage, or fraud or deceit in his/her being licensed to the practice of massage;
That the licensee has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if committed within this state, would constitute a felony under the laws thereof;
That the licensee is engaged in the practice of massage under a false or assumed name or is impersonating another practitioner of a like or different name;
That the licensee is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his/her professional duties;
That the licensee is guilty of fraudulent, false, misleading or deceptive advertising, or that he/she prescribes medicines or drugs or practices any other licensed profession without legal authority thereof;
That the licensee is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unregistered person to perform massage in his/her establishment; or
That the licensee has violated any of the provisions of this chapter.
The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths or any nurse, nurse practitioner or physician's assistant working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice such professions in this state. Practical nurses or other persons without qualifications as massage therapists, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not render massage or massage procedures.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be guilty of a disorderly persons offense, punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.