[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 7-14-2004 by Ord. No. 1477. Amendments noted where applicable.]
It is hereby declared that the business of operating a massage business, as defined in this article, is a business affecting the public health, safety and general welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- When used throughout this chapter, shall mean singly or any combination of massage, somatic therapy or oriental massage.
- MASSAGE AND/OR SOMATIC THERAPIES
- Any system or activity of structured touch which includes, but is not limited to, holding, applying pressure, stroking, kneading, positioning and mobilizing soft tissue of the body by manual techniques and the use of visual, kinesthetic, auditory and palpating skills to access the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such application(s) 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, analysis of posture, movement and neural myofacial education and education in self-care and stress management. This definition shall not include the providing of chiropractic and medical services by a licensed professional.
- MASSAGE AND/OR SOMATIC THERAPIST
- A person who practices or administers massage and/or somatic therapy for any form of consideration. Massage and/or somatic therapist shall not diagnose or treat classified diseases, nor practice spinal or other joint therapy.
- MASSAGE AND/OR SOMATIC THERAPY ESTABLISHMENT OR BUSINESS
- Any establishment or operation wherein a massage and/or somatic therapy is administered or is permitted to be administered, when such massage and/or somatic therapy is administered for any form of consideration.
No person shall be engaged or employed in the Borough as a massage and/or somatic therapist (for which any form of compensation is charged or accepted) without being accepted/certified according to the standards of the Law and Public Safety Division of Consumer Affairs, New Jersey Board of Nursing Massage, Bodywork and Somatic Therapy Examining Committee. The certification is personal and shall not be construed to grant a certificate of occupancy or approval for the use of any premises or location for the purposes of providing massage.
The licensee shall provide the following:
Proof the applicant is at least 18 years of age.
A completed application form, to be provided by the Borough Clerk, which requires, among other things, a history of prior residence for the preceding three years and employment history for the preceding the 10 years; the application shall require that each applicant acknowledge that: "it is unlawful for anyone to make a false statement on this application, and discovery of a false statement shall constitute grounds for denial or revocation of this permit."
Authorization for the Borough Police Department to secure a fingerprint record and background check.
Certification from a duly licensed physician of the State of New Jersey stating that the applicant is free from contagious and communicable diseases, including a negative tuberculin screen dated within one year of the application.
Certification issued by the New Jersey Law and Public Safety Division of Consumer Affairs, New Jersey Board of Nursing Massage, Bodywork and Somatic Therapy Examining Committee.
Notarized statement that the applicant has not, within the preceding five years, been convicted, pleaded nolo contendere or suffered a forfeiture on any criminal offense or on a charge of violating any provisions included in N.J.S.A. 2C:34-12 et seq. and/or N.J.S.A. 2C:14-2, as amended, which laws relate to indecency, obscenity and sexual offenses, or similar charges of violating this chapter or similar ordinances in any other jurisdiction.
Proof of malpractice insurance in the amount not less than $100,000.
The license shall be valid for a period of one year. It may be renewed upon the filing of a renewal application and submission of a certification from a duly licensed physician of the State of New Jersey stating that the applicant is free from contagious and communicable diseases, including a negative tuberculin screen dated within one year of the application. A fingerprint check shall not be required when obtaining a renewal license.
Each applicant for a massage establishment license shall set forth, on forms provided by the Borough Clerk, the name and address of the applicant and all former addresses for a period of three years prior to making the application, and the address of the premises to be used in the massage business as well as an approved zoning certificate of approval issued by the Zoning Officer of the Borough of Glen Rock.
The premises shall conform to the following:
No massage establishment shall begin operations until the Building Department has issued a certificate of occupancy pursuant to § 230-94 covering the facility to be occupied by the applicant and meet all New Jersey Uniform Construction Code requirements.
Each massage business shall be equipped with a toilet and lavatory facilities for personnel. Each operating area shall be equipped with a hand lavatory.
Compliance with all other pertinent building, zoning and land use regulations of the Borough.
All tables, tubs, shower stalls and floors, except reception and administrative areas, shall be made of nonporous material which may readily be disinfected.
Closed containers shall be provided for wet towels and waste materials.
All equipment, shower stalls, toilets, lavatories and any other such accouterments of the establishment shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times.
No massage business shall knowingly serve any patron infected with any fungus or other skin infection, nor shall service be performed on any patron exhibiting skin inflammation or eruptions unless a duly licensed physician has certified that person may be safely served.
All towels, tissues, sheets or other coverings shall be used singularly for each patron and discarded for laundry or disposal immediately after use.
Nondisposable tools of the trade shall be disinfected after use upon a patron.
No part of any quarters of any massage establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage business except for limited periods incidental to and directly related to a massage. This provision shall not preclude the location of a massage business as a separate quarters of a building housing other businesses or domiciles.
The license fee shall be as provided in Chapter 101, Fees.
All licenses issued pursuant to this chapter shall expire at the end of the calendar year in which said license was issued. In the event that the issuance is made for a part of a calendar year, the full license fee is required without any proration.
Prior to initial opening of an establishment, the Building Department shall be responsible for determining that the premises have been constructed according to applicable codes. Further, they shall verify that all masseuses have the required licenses or certifications and that such licenses are prominently displayed.
In existing establishments, the Borough Fire Inspector shall verify that all required licenses and certifications are displayed, and that the credentials of all masseuses employed by the establishment are properly displayed. Any unauthorized modifications to the building and/or the lack of proper certification of masseuses shall be reported to the Glen Rock Police Department and the Building Code Enforcement Bureau.
The conviction of any applicant or licensee of any criminal offense related to the licensee's business, or any sex-related offense, shall constitute a forfeiture of his or her license, and said license shall be immediately revoked. The conviction of any applicant or licensee of any sanitary code violation may result in forfeiture of his or her license and said license may be deemed revoked.