Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-1-2009 by Ord. No. 2009-9-011. Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses and entertainment — See Ch. 89.

§ 88-1 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Refers to systems of activity-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 the purpose 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.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration.
MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT
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.

§ 88-2 Permits required.

A. 
Business permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Lumberton in Burlington 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 Township of Lumberton 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 or 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 Township of Lumberton pursuant to the provisions of this chapter. The provisions of this chapter shall not apply to massage, bodywork or somatic therapy given:
(1) 
In the office of a licensed physician, chiropractor or physical therapist or other practitioners that are licensed by the New Jersey Board of Medical Examiners; or
(2) 
In a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists or other practitioners that are licensed by the New Jersey Board of Medical Examiners.

§ 88-3 Application fee; duration of permit.

Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic therapy establishment or outcall massage, bodywork or somatic therapy service shall file an application with the Lumberton Township Municipal Clerk upon a form provided by said Lumberton Township Municipal Clerk and pay a fee of $500. The permit to be issued shall be valid until March 31 of the third year that the permit is in effect.

§ 88-4 Application for establishment permit.

Any person desiring a massage, bodywork or somatic therapy business permit shall file a written application with the Lumberton Township Municipal Clerk on a form to be furnished by the Lumberton Township Municipal Clerk. The applicant shall accompany the application with a tender of the 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 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, completed 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 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.

§ 88-5 Building requirements; inspections.

A. 
The Municipal Clerk, upon receiving an application for a massage, bodywork or somatic therapy establishment permit, shall refer the application to the Building Inspector, the Fire Department, the Police Department, and the Zoning Department, which departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Municipal Clerk and Lumberton Township Committee 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 Township unless an inspection by the Zoning 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 Township of Lumberton.
C. 
The floor plans for the proposed facility must be submitted to the Municipal Clerk as part of the application so they can be reviewed and approved by the Zoning Department and so that the Building Inspector can advise the applicant of potential problems prior to the opening of the business.

§ 88-6 Application for therapist's permit.

A. 
To be eligible for a permit as a massage, bodywork and somatic therapist, an applicant shall submit satisfactory evidence of:
(1) 
Successful completion of a minimum of 500 hours of in-class study in the field of massage, bodywork or somatic therapy; or
(2) 
Successful completion of the written examination offered by the National Certification Board for Therapeutic Massage and Bodywork.
(3) 
Proof of licensure by the State of New Jersey as is now required by N.J.A.C. 13:37-16.1 and compliance with all provisions of the state regulations governing massage therapy.
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 Township of Lumberton, 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) of this section. One year after the enactment of this chapter, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Township of Lumberton must fulfill the requirements listed in Subsection A(1) and (2) of this section.
C. 
The following information concerning the application 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 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.
D. 
Applicants for massage therapy licensure, as well as those applying to operate a massage therapy business, are required to appear before the Lumberton Township Committee prior to the issuance of said license and/or permit, so that the Lumberton Township Committee may review all of the information submitted with the application in order to determine if the applicant qualifies for the issuance of said license and/or permit; and the Lumberton Township Committee will have the final review and will decide whether or not to approve or disapprove the issuance of the license and/or permit.

§ 88-7 Therapist permit fee; duration of permit.

The applicant for a massage, bodywork or somatic therapist's license shall pay a permit fee of $100, which permit shall be valid until March 31 of the third year that the permit is in effect.

§ 88-8 Display of permit.

The massage, bodywork or somatic therapy establishment shall display its permit and that of each and every massage, bodywork or somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment.

§ 88-9 Operating requirements.

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. 
Prices 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. Doors to such dressing rooms shall open inward and be self-closing. If the dressing room is also used as the therapy/massage room, then adequate procedures shall be in place to safeguard the privacy of the client. In no case shall these doors be locked when both a client and any employee are present.
D. 
All massage, bodywork and somatic therapy establishments shall have 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, or 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, lotion and other preparations used in administering massage, bodywork or 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 proper soap or disinfectant, before administering a massage, bodywork or somatic therapy to each patron.

§ 88-10 Inspection of establishment.

The Zoning Department, and/or the Building Department and Police Department, 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.

§ 88-11 Sleeping quarters.

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 both. 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.

§ 88-12 Prohibited activities; revocation of permit; hours.

A. 
No owner or manager of a massage, bodywork or somatic therapy establishment shall tolerate in his/her 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 an activity or behavior which violates this chapter.
B. 
Any conviction of a bodywork or somatic therapy establishment or any employee thereof of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of the establishment, it being specifically declared that, following such conviction, the owner or the manager of the establishment shall be prosecuted as an accessory to such a violation, and the required permits will be automatically revoked.
C. 
Hours of operation shall not commence prior to 9:00 a.m. and shall not extend beyond 10:00 p.m.

§ 88-13 Violations and penalties.

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.