[HISTORY: Adopted by the City Council of the City of Rahway 8-10-1998
by Ord. No. O-34-98. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Systems of activity of structured touch which include, but are 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 application of herbal
or topical preparations not classified as prescription drugs, movement and
neural myofascial 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, who administers massage, bodywork and/or
somatic therapies for any form of consideration.
Any establishment or operation wherein massage, bodywork or somatic
therapies are administered or are permitted to be administered, when such
therapies are administered for any form of consideration.
A.
Business permit required. No person, firm or corporation
shall operate any establishment or utilize any premises in the City of Rahway
in Union County as or for a massage, bodywork or somatic therapy establishment
unless or until there has first been obtained a permit for such establishment
or premises from the Clerk of the City of Rahway in accordance with the terms
and provisions in this chapter.
B.
Massage, bodywork and somatic therapist permit required.
No person shall practice massage or related therapies as a massage, bodywork
and somatic therapist, employee or otherwise, unless he or she has a valid
and subsisting massage, bodywork and somatic therapist's permit issued
to him or her by the City of Rahway pursuant to the provisions of this chapter.
Every applicant for a permit to maintain, operate or conduct a massage,
bodywork or somatic therapy establishment or out-call massage, bodywork or
somatic therapy service shall file an application with the City Clerk upon
form provided by said Clerk and pay an annual fee of $500.
Any person desiring a massage, bodywork or somatic therapy business
permit shall file a written application with the City Clerk on a form to be
furnished by the City Clerk. The applicant shall accompany the application
with a tender of correct fee as hereinafter provided and shall, in addition,
furnish the following:
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 in 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 each 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 and 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 city or state under a license or permit or has had such
license or permit denied, revoked or suspended and the reason therefor and
the business activities or occupations subsequent to such action or 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 execute
a waiver and consent to allow a fingerprint and criminal background check
by the Police Department.
F.
The names and addresses of three adult residents of the
county who will serve as character references. These references must be persons
other than relatives and business associates.
A.
The City Clerk, upon receiving an application for a massage,
bodywork or somatic therapy establishment permit, shall refer the application
to the Building Division, the Fire Department, the Police Department, the
Health Department and the Planning Department, which departments shall inspect
the premises proposed to be operated as a massage establishment and shall
make written recommendations to the City Clerk concerning compliance with
the codes that they administer.
B.
No massage, bodywork or somatic therapy establishment
shall be issued a permit or be operated, established or maintained in the
city unless an inspection by the Health Officer, Building Inspector and Fire
Inspector reveals that the establishment complies with the minimum requirements
of the building and health codes for businesses operating in the City of Rahway.
A.
To be eligible for a permit as a massage, bodywork and
somatic therapist, an applicant shall submit satisfactory evidence of:
B.
For up to one year (365 days) after the date procedures are established by this chapter for applying for a permit to conduct massage, bodywork or somatic therapy in the City of Rahway, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter, or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this chapter, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy with a minimum completion of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a permit to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this chapter, any person wishing to be permitted as a massage, bodywork or somatic therapist in the City of Rahway must fulfill the requirements listed in Subsection A(1) or (2) above.
C.
The following information concerning the applicant will
also be required:
(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 and 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 city or state under a license or permit or has had such
license or permit denied, revoked or suspended and the reason therefor and
the business activities or occupations subsequent to such action or 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 execute
a waiver and consent to allow a fingerprint and criminal background check
by the Police Department.
(8)
The names and addresses of three adult residents of the
county who will serve as character references. These references must be persons
other than relatives and business associates.
The applicant for a massage, bodywork and somatic therapist's license
shall pay an annual permit fee of $100, which permit fee shall become due
on the first day of January each year.
The massage, bodywork or somatic therapy establishment shall display
his permit and that 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.
A.
Every portion of the massage, bodywork or 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 or somatic
therapists, shall be clean and wear clean, nontransparent outer garments.
Dressing rooms must be available on the premises, and each dressing room shall
contain a tub or shower in good working order. Doors to such dressing rooms
shall open inward and 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
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.
G.
No massage, bodywork or somatic therapist, employee or
operator shall perform, offer to perform any act which would require the touching
of the patron's sexual or genital area.
H.
All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms and all other physical facilities 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 thoroughly cleaned after each use. When carpeting is
used on the floors, it shall be kept dry.
I.
Oils, creams, lotions and other preparations used in
administering massage, bodywork and somatic therapies shall be kept in clean,
closed containers or cabinets.
J.
Animals, except for Seeing Eye dogs, shall not be permitted
in the massage work area.
K.
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 each patron.
The Municipal Clerk and/or the Department of Health and/or the Building
Division shall, from time to time, at least twice a year, make an inspection
of each massage, bodywork or somatic therapy establishment granted a permit
under the provisions of this chapter for the purpose of determining whether
the provisions of this chapter are 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.
No part of any quarters of any massage, bodywork or somatic therapy
establishment shall be used for or connected with any bedroom or sleeping
quarters, nor shall any person sleep in such massage, bodywork or somatic
therapy establishment except for limited periods incidental to and directly
related to a massage, bodywork or somatic therapy treatment or bath. This
provision shall not preclude the location of a massage, bodywork or somatic
therapy establishment in separate quarters of a building housing a hotel or
other separate businesses or clubs.
A.
No owner or manager of a massage, bodywork or somatic
therapy establishment shall tolerate in his establishment any activity or
behavior prohibited by the laws of the State of New Jersey, particularly,
but not exclusive of laws proscribing prostitution, indecency and obscenity,
including the sale, uttering or exposing and public communication of obscene
material; laws which relate to the commission of sodomy; relating to the commission
of adultery; and proscribing fornication; nor shall any owner or manager tolerate
in his or her establishment any activity or behavior which violates this chapter.
B.
Any conviction of any employee of a massage, bodywork
or somatic therapy establishment of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of such club, it being specifically
declared by that, following such a conviction of an employee, the owner or
manager of the club shall be prosecuted as an accessory to such a violation
and the required permits will be automatically revoked.
Any person violating the provisions of this chapter shall, upon conviction,
be punished by imprisonment for a term not exceeding 90 days or by a fine
not exceeding $1,000, or both, in the discretion of the court.
