[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Ridgefield 2-23-2004 by Ord. No. 1855. (This ordinance also repealed former Ch. 262, Massage Parlors, adopted 7-2-1979 by Ord. No. 1128, as amended 3-25-1985 by Ord. No. 1281.) Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 44.
Police Department — See Ch. 75.
Zoning, development and construction — See Ch. 390.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
HEALTH CLUBS
Any establishment which offers service in the form of massage, baths, exercises or similar services in combination to club members of the establishment or to the public at large for a charge. A charge shall include any fee or sum which may be charged either for the services to be performed or for membership in or entry into the establishment. The term "health club" does not include hospitals, nursing homes, medical clinics or the offices of a physician, surgeon, osteopathic physician or chiropractor. The term "health club" does not include an exercise club exclusively for clientele of one sex alone where the services do not include any form of massage, bodywork or somatic therapy and are performed by persons of the same sex as the members or clientele. Furthermore, the term does not include barber shops or beauty parlors.
MASSAGE, BODYWORK and SOMATIC THERAPY
Systems of activity of structured touch that include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual techniques or use of visual, kinesthetic, auditory or palpating skills to access the therapeutic massage, bodywork or somatic principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing myofascial movement, self care and stress management as it relates to massage, bodywork and somatic therapies. Massage shall also include any activity wherein there is the application of oil rubs or powder along with pressure on any portion of the body of the patron. For purpose of this chapter, the term "massage" shall be literally construed to effectuate its purpose and intent.
MASSAGE PRACTITIONER
A person who practices any one or more of the activities described above, including any person formerly referred to as a "masseur" or "masseuse."
LICENSEE
The operator of a health club.
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 therefore.
PERSON
Any individual, partnership, copartnership, firm, association, joint-stock company, corporation or combination of individuals of whatever form or character.
SEXUAL or GENITAL AREA
The genitals, anus or perineum of any person or the breasts or vulva of a female.
It is hereby declared that the business of operating health clubs as defined in this chapter and the business of providing any of the services referred to in § 262-1, are determined to be activities affecting the public health, safety and general welfare.
It shall be unlawful for any person, either individually or through any type of business entity, to engage in the business of a health club without first obtaining and thereafter maintaining the permit required pursuant to this chapter. It shall be unlawful for any person, including an owner or manager of a health club, to render any services in the form of massage, bodywork or somatic therapy without first obtaining and thereafter maintaining the permit required herein for a massage practitioner. It shall further be unlawful for any person to violate any provision of this chapter.
A. 
The permit, when issued, shall not be construed to grant a certification of occupancy or approval for the use of any premises or location.
B. 
No health club shall be permitted to open or operate in the absence of a valid and current permit as herein required.
C. 
No person shall be entitled to perform massages or any of the other activities described in § 262-1 hereof for a health club without having a valid and current massage practitioner permit as herein required.
A. 
A health club permit shall be issued only upon application of an owner who is a registered physical therapist or a graduate of a course of study in body massage from an approved school, which shall mean a school recognized or approved by the American Massage and Therapy Association, Inc., or a school determined to be acceptable by the New Jersey State Board of Registration and Examination or any equivalent agency or department of the State of New Jersey regulating professions and occupations pursuant to Title 45 of the New Jersey statutes. It shall be the obligation of the applicant to submit suitable documentation, in the form of a certificate or other certification, that the applicant complies with the requirements herein. If the applicant bases the application upon graduation from an approved school as herein defined, the applicant shall submit reasonable documentary evidence of graduation and evidence that the school holds an approved status as herein required, including the curriculum included in § 262-7D. If the application for a health club permit is for a business entity and not an individual, the entity must have an owner or owners who holds at least 51% ownership interest in the entity and must meet the qualifications herein, it being the intention of this chapter that a health club permit be issued only to an entity whose individual ownership interests are properly qualified to operate a health club.
B. 
No health club shall be permitted to open or to continue to operate in the absence of an owner or manager, having the qualifications prescribed for an owner herein, on site at all times during the operation of the business, holding the qualifications set forth in Subsection A above. Operation of a health club at any time in the absence of the presence of such person shall be unlawful and shall constitute a violation of the Ordinance.
C. 
An applicant for a health club permit shall, as part of the application, provide the Borough with detailed plans and specifications demonstrating the physical layout of the quarters to be occupied by the applicant. Such plans shall show details of all entrances, partitions, windows, openings, ventilation, plumbing and electrical fixtures, water supply and waste and vent connections and such other reasonably required detailed specifications as the Building Department of the Borough of Ridgefield may require. Such plans shall delineate all toilet and lavatory facilities for patrons (members of the public at large) as well as separate readily available on-site toilet and lavatory facilities for personnel. Each operating area shall be equipped with a hand lavatory. The plans and specifications submitted must comply with all building, fire and zoning requirements of the Borough and all other pertinent building and land use regulations of the Borough of Ridgefield. Such detailed plans and specifications shall first be submitted to the Construction Official who shall certify compliance with same. If the plans and specifications do not comply with the above, the Construction Official shall advise the applicant of the deficiencies and the permit process shall cease unless and until such deficiencies are remedied by the applicant. If such plans and specifications do comply, the Construction Official shall execute a certificate of compliance. The determination of the Construction Official shall be made within 10 days of receipt of all required plans and specifications. The ten-day period shall not commence until the Construction Official shall acknowledge the completeness of the submission of documentation. The applicant shall be required to provide plenary access to the business location by the Construction Official, Health Officer or other relevant departments for purposes of inspection or inspections required. Failure by the applicant to provide such access would automatically extend the said ten-day period. A copy of the detailed plans and specifications as well as the certification of conformity signed by the Building Official shall accompany the application. Receipt of certificate of compliance does not guarantee issuance of the health club permit, such certificate being the first step in the application process, nor does such receipt satisfy the requirements for obtaining a certificate of occupancy which cannot be issued until the health club permit is obtained.
D. 
All table tops, shower stalls and floors, except in reception and administrative areas, shall be made of nonporous materials which may be readily disinfected. Closed containers shall be provided for wet towels and waste materials. Each item of equipment used shall be cleaned and disinfected before use on another patron. It should be the responsibility of the applicant in the use and disposal of disinfectant to comply with all governmental regulations relating to same.
E. 
No part of any health club may be used for sleeping quarters nor be connected with any bedroom. As part of the application, the applicant shall certify that no part of any quarters of any health club shall be used for or connected with any bedroom or sleeping quarters. This provision shall not preclude the location of a health club in separate quarters of a building housing a hotel or other businesses or clubs wherein there exist such sleeping quarters.
F. 
No health club permit shall be issued to any owner or to any business entity owner or partially owned by a person or to a manager who has been convicted, pleaded nolo contendere, pleaded guilty or suffered a forfeiture on any criminal offense or a charge of violating any provisions included in N.J.S.A 2C:34-1 et seq. and/or N.J.S.A. 2C:14-2 as shall have been or as may hereafter be amended or any laws which relate to indecency, obscenity or sexual offenses, whether same are classified as crimes or disorderly persons offenses or on a similar charge in the State of New Jersey or any other jurisdiction or on a charge of violating this chapter or any prior ordinances regulating this business in the Borough of Ridgefield or any similar ordinance in any other jurisdiction.
G. 
If application for a health club permit is made by or on behalf of a partnership, limited partnership, corporation, limited liability company or any other type of business entity, the description set forth in Subsection F above shall be applicable to each and every owner, partner, officer, director and shareholder, it being the express intention of this chapter to prohibit any person having a past history as described in Subsection F herein from having any interest whatsoever in a health club in the Borough of Ridgefield.
A. 
An applicant for a health club permit shall first submit to the Construction Official and Health Officer detailed plans and specifications as set forth in § 262-5C above. Upon obtaining the certificate of compliance as referred to therein from the Construction Official, the applicant shall proceed with the following sections.
B. 
Form of application; identification.
(1) 
The applicant shall complete and file, in triplicate, the application form for a health club permit as shall be provided by the Health Officer, or his designee, accompanied by the appropriate fee or fees as set forth therein. The form of application shall be substantially as set forth in Schedule A, which is hereby included in this chapter.[1] Each section of the application must be completed in its entirety and must be accompanied by such certificated forms of identification [subject to Subsection B(2)] herein or other documentation referred to in the application. The identification required shall include, but not be limited to, a valid and current photo identification such as a current driver's license, valid passport or other governmentally acceptable forms of photo identification card. If the photo identification card is deemed unacceptable, the applicant shall submit to a current photograph through the Ridgefield Police Department accompanied by the appropriate identification document as required by the Police Department. The cost of such photo identification shall be paid by the applicant at the time of the photograph.
[1]
Editor's Note: Schedule A is on file in the Borough offices.
(2) 
If the application is filed on behalf of a business entity which has a single owner owning 51% or more of the entity, the photo identification requirements above shall be applicable to said applicant. If the application is filed on behalf of a business entity which does not have a single owner owning 52% or more of the entity, the photo identification requirements above shall be applicable to all persons owning 10% or more of the entity.
C. 
As part of the application for a health club permit, all owners and managers and all persons set forth in § 262-5G shall submit proper identification establishing their current residence address and any other address at which they resided in the past five years and shall submit to fingerprinting by the Ridgefield Police Department for purposes of criminal background check and identification, so that compliance with § 262-5F herein can be confirmed. The applicant shall provide a money order or certified check payable to Ridgefield Police Department for the sum of $100 to defray the expense of processing the application. Also, the applicant shall provide a money order or certified check made payable to New Jersey State Police Identification Division in the amount which shall be the current charge posted by the New Jersey State Police for fingerprint processing fee for each applicant. The fingerprinting processing fee may be subject to change as the New Jersey State Police changes or regulates their fee schedule.
D. 
A health club may not open for business and may not provide any of the services referred to herein unless the owner/manager is present, and the operation of the health club during the absence of both shall be violation of this chapter.
E. 
The completed application containing all of the above shall be filed with the Health Officer (or his designee) along with the necessary fees as described herein. The Health Officer shall submit a copy to the Chief of Police (or his designee) for purposes of investigating the accuracy of the statements in the application and for purposes of conducting the background check of the applicant. This shall be completed within 30 days of the submission of the completed application to the Chief of Police. If, as a result of the investigation, the Chief of Police shall determine that the applicant is qualified for a health club permit, he shall submit a notice of approval to the Health Officer and the health club permit, upon payment of the permit fees herein set forth, shall be issued by the Health Officer (or his designee). If the Chief of Police determines that the applicant does not qualify for a health club permit under this chapter, he shall issue to the Health Officer (or his designee) a notice of disapproval, specifying the reason(s) for disqualification and the health club permit shall not be issued. The Borough Health Officer shall send a copy of the notice of disapproval to the applicant upon its receipt from the Chief of Police.
A. 
No person, including an owner or manager of a health club, shall perform any of the services defined in this chapter unless he/she shall first have obtained and thereafter maintained a valid permit issued by the Ridgefield Health Department pursuant to the terms herein. An owner or manager who has received a health club permit and is performing such services shall be required to have a massage practitioner permit in addition to a health club permit.
B. 
No permit shall be issued to a massage practitioner unless he/she is employed by or is an owner of an approved health club within the Borough of Ridgefield pursuant to the terms of this chapter.
C. 
No massage practitioner permit shall be issued to any person who has been convicted, pleaded nolo contendere, pleaded guilty or suffered a forfeiture on any criminal offense or on a charge of violating any provisions included in N.J.S.A. 2C:34-1 et. seq. and/or N.J.S.A. 2C:12-2 as shall have been or may be amended or any laws which relate to indecency, obscenity or sexual offenses, whether same are classified as crimes or disorderly persons offenses, or any similar charge in the State of New Jersey or any other jurisdiction or a charge of violating this chapter or any prior ordinance regulating this business in the Borough of Ridgefield or any similar ordinance in any other jurisdiction.
D. 
No massage practitioner permit shall be issued and no person shall give or perform any of the services herein described for a health club unless such person shall have satisfactorily completed a course or courses of study (and obtained an appropriate certificate therefor) in body massage in an approved school of instruction or training satisfying the criteria and guidelines set for the below:
(1) 
The courses of the school shall pertain to anatomy, physiology, hygiene, first aid, exercise therapy, massage techniques and related aspects of the art and science. The certificate evidencing completion of the course of study must be a suitable document from the school reflecting said curriculum and the minimum requirements for the completion of the course which shall include a minimum of 500 hours in class study in the field of massage, bodywork and somatic therapies.
E. 
No massage practitioner permit shall be issued to any person unless such person shall have received a certification issued by the State Board of Registration as regulated by the New Jersey Board of Nursing and Examination pursuant to L. 1999, c. 19, N.J.S.A. 45-11-53.
F. 
No massage practitioner permit shall be issued to any person unless they shall provide proof of and continue to maintain professional liability or malpractice insurance in an amount no less that $500,000 per occurrence.
G. 
No massage practitioner permit shall be issued to any person unless they shall submit a certificate of good health issued by a duly licensed physician commensurate with the services rendered, which certificate shall be renewed annually. The initial certificate shall be dated within 30 days of submission of the application.
A. 
An application for a massage practitioner permit shall be obtained from the Borough Health Officer. The form of application shall be substantially as set forth in Schedule B which is reflected in this chapter.[1]
[1]
Editor's Note: Schedule B is on file in the Borough offices.
B. 
The application shall be completed in duplicate and shall be filed with the Health Officer (or his designee), accompanied by the appropriate fee or fees as set for the herein. Each section of the application must be completed in its entirety. Each copy of the application must be accompanied by such certificates, forms of identification or other documentation referred to in the application. Each copy of the application shall be accompanied with a recent photograph of the applicant (no more than one year old) which shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner. These photographs shall constitute part of the application. Failure to complete the application in its entirety or supply any of the documentation required will render the application incomplete and no further action on it shall be taken.
C. 
As part of the application for a massage practitioner permit, the applicant shall submit proper identification establishing his/her current residence address and shall list other addresses at which he/she has resided in the past five years. He/she shall submit to fingerprinting by the Ridgefield Police Department for purposes of criminal background check and identification so that compliance with § 262-7C herein and the accuracy of the statement in the application can be determined.
D. 
A copy of the completed application shall be submitted to the Chief of Police (or his designee) for purposes of investigating the qualifications and background of the applicant. This process shall be completed within 30 days of the submission of the completed application to the Chief of Police. If, as a result of his review, the Chief of Police shall determine that the applicant is qualified for a massage practitioner permit, he shall submit a notice of approval to the Health Officer, and the massage practitioner permit, upon payment of the permit fees herein set forth, shall be issued by the Health Officer (or his designee). If the Chief of Police determines that the applicant does not qualify for a for a massage practitioner permit under this chapter, he shall submit to the Health Officer a notice of disapproval, specifying the reason(s) for disqualification, and the massage practitioner permit shall not be issued. The Health Officer shall send a copy of the notice of disapproval to the applicant upon its receipt from the Chief of Police.
E. 
The identification card issued by the Ridgefield Police Department shall be physically located on the premises where such activity is being performed as outlined in § 262-1 of this chapter so that it can be submitted upon demand at any time during business hours. The identification card shall remain valid for the remainder of the calendar year in which it was issued, as well as the next complete calendar year. It shall expire on December 31 of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification card by the Ridgefield Police Department. In the event that an applicant shall lose his/her identification card, a replacement card may be obtained via the Ridgefield Police Department for a fee of $25, certified check or money order payable to the Ridgefield Board of Health.
A. 
Health club application fee. With the application, the applicant shall submit a nonrefundable application fee of $500 by the way of a certified check or money order payable to the Ridgefield Board of Health.
B. 
Health club permit fee. Upon being advised by the Health Officer of the approval of the health club permit application, and as a prerequisite to the issuance of a health club permit, the applicant shall pay the permit fee in the sum of one $1,000 by way of check or money order payable to the Ridgefield Board of Health.
C. 
Massage practitioner application fee. With the application, the applicant shall submit a nonrefundable application fee of $250 by the way of a certified check or money order payable to the Ridgefield Board of Health.
D. 
Massage practitioner permit fee. Upon being advised by the Health Officer of the approval of the massage practitioner application, and as a prerequisite to the issuance of a massage practitioner permit, the applicant shall pay the permit fee in the sum of $250 by way of certified check or money order payable to the Board of Health.
Each permit issued pursuant to this chapter, whether a health club permit or a massage practitioner permit, shall be valid for a period of one year from the date of issuance. No rights are afforded any applicant for any period after the expiration date of any permit issued hereunder. In order to prevent any interruption in continued services for a permittee, it shall be the responsibility of such permittee to renew his/her application prior to the expiration date of the existing permit. Each applicant is reminded that the Ridgefield Board of Health will not send reminder notices to permittees and will not be responsible for any interruption of services occasioned by a late filing for renewal. The renewal process for any permit issued under this chapter shall be the filing of a new application in its entirety, including fingerprinting and payment of all applicable fees described herein. All provisions of this chapter shall apply to renewals in the same manner as they apply to applications for and granting of initial permits.
The following conditions shall be applicable to all permits pursuant to this chapter:
A. 
Display. A health club permit issued hereunder must be prominently displayed at all times within the reception area of the establishment, readily visible to persons entering the establishment. All massage practitioner permits issued hereunder shall similarly be so displayed. It shall be unlawful and a violation of this chapter for any person to purport to hold a valid permit when he/she does not, in fact, hold the same. It shall likewise be an automatic cause for revocation of any permit issued hereunder should it not be displayed as required.
B. 
Sanitation and hygiene.
(1) 
All equipment, shower stalls, toilets, lavatories, tables and floors except in the reception or administration area shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times.
(2) 
No health club shall knowingly serve any patron infected with any fungus or any 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. No service shall be performed on a patron exhibiting such conditions until such written certification is provided.
(3) 
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.
(4) 
All towels and tissues and all sheets or other coverings shall be used singularly for each patron and discarded for laundry or disposal immediately after use.
(5) 
Nondisposable tools of the trade shall be disinfected after use upon one patron.
(6) 
No services shall be performed for purposes of sexual stimulation or gratification.
(7) 
The health club is subject to unannounced Department of Health and Police Department visits to insure protection of the citizens. The Health Officer (or his designee) or Police Chief (or his designee) seeking access for purposes of inspection shall, upon presentation of credentials, be given immediate access to the establishment.
C. 
Miscellaneous.
(1) 
A health club shall not be confined with any other type business, and no entertainment of any type shall be permitted.
(2) 
All massage practitioners rendering services shall be fully attired in appropriate and clean uniforms displaying their name and reflecting that he/she is a licensed massage practitioner.
If an applicant for a health club permit or a massage practitioner permit receives a notice of disapproval, such applicant shall be entitled to appeal such determination.
A. 
The initial appeal, which must be filed in writing within 10 days of the issuance of the notice of disapproval, shall be to the Health Officer (or his designee). The Health Officer (or his designee) shall hold an informal hearing with the applicant within 15 days of this filing of the appeal. The applicant may, at such hearing, be present with or without counsel and may submit such additional information or documentation in support of the appeal. The applicant may present such witnesses as the applicant deems advisable. Upon conclusion of the informal hearing, the Health Officer shall either affirm said notice of disapproval or reverse his determination and issue a notice of approval. The form of appeal application shall be substantially as set forth in Schedule C which is hereby reflected in this chapter.[1]
[1]
Editor's Note: Schedule C is on file in the Borough offices.
B. 
In the event of affirmance of the notice of disapproval by the Health Officer, the applicant shall have the right to appeal such determination to the Ridgefield Board of Health by filing a written notice of appeal within 30 days of the issuance of the affirmance of the notice of disapproval. Such notice shall be filed within said time with the Ridgefield Board of Health, with a copy to the Chief of Police. Such notice of appeal to the Ridgefield Board of Health shall be on the form provided with the application setting forth the basis and grounds for the appeal. A hearing shall be scheduled before the Ridgefield Board of Health within 30 days of receipt by the Health Officer of the notice of appeal. At the hearing the applicant may be present with or without counsel and may submit such documentation or testimony as the applicant desires. All testimony at such hearing shall be under oath. The strict rules of evidence shall be applicable, but the Board of Health may reject any document or testimony which it determines unreliable. The applicant may, at the applicant's own cost and expense, have a certified shorthand reporter present to record the proceedings, provided that if such a reporter is present a copy of the transcript shall be supplied to the Ridgefield Board of Health without charge. The Ridgefield Board of Health may call such witnesses or produce such documentation as it deems necessary to make a determination on the appeal. The decision on the appeal shall be made within 10 days of the conclusion of same, and a formal resolution on the decision shall be adopted at the next scheduled meeting of the Ridgefield Board of Health. An appeal to the Ridgefield Board of Health shall constitute the applicant's consent and authorization to release to the Ridgefield Board of Health all information obtained by the Police Department, documentary or otherwise, relating to the criminal and background check of the applicant. An applicant, by filing such an appeal, waives any right to assert any claim of privilege or confidentiality with respect to such information and documentation.
A. 
No owner or manager of a health club shall permit or tolerate or suffer there to exist in the establishment any activity or behavior prohibited by the laws of the State of New Jersey including, N.J.S.A. 2C:34-1 et seq. proscribing prostitution or any other law proscribing indecency and obscenity, including the sale, uttering or exposing of obscene material and including any activity proscribed by N.J.S.A. 2C:14-2; nor shall any owner or manager tolerate or suffer there to exist in the establishment any activity or behavior which violates the provisions of this chapter, including but not limited to those proscriptions which parallel or relate to any New Jersey state statutes dealing with indecency, obscenity or any sexual offenses.
B. 
Any conviction of any massage practitioner of a health club of a violation of the aforementioned statutes or of a violation of any provision of this chapter shall devolve upon the owner or manager of such club, it being specifically declared hereby that, following such a conviction of a massage practitioner of a health club, the owner or manager of the health club may be prosecuted as an accessory to such violation in accordance with applicable law.
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 180 days and a fine not exceeding $1,000 and/or by a period of community service not exceeding 90 at the discretion of the Judge of the Municipal Court.
B. 
Upon a conviction of a violation of any term or provision of this chapter by a health club permittee or a massage practitioner, or conviction of a violation of any of the state statutes referred to herein, the Health Officer may revoke the permit issued to any massage practitioner or to any health club permittee, even if the conviction is only of a massage practitioner who is employed by such health club permittee. Any appeal of such revocation by the Health Officer shall be to the Board of Health and shall be in accordance with the provisions and procedures set forth in § 262-12B.