[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 7-14-2004
by Ord. No. 1477.[1] 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.
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.
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.
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.
A.Â
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.
B.Â
The licensee shall provide the following:
(1)Â
Proof the applicant is at least 18 years of age.
(2)Â
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."
(3)Â
Authorization for the Borough Police Department to secure
a fingerprint record and background check.
(4)Â
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.
(5)Â
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.
(6)Â
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.
(7)Â
Proof of malpractice insurance in the amount not less
than $100,000.
C.Â
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.
A.Â
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.
B.Â
The premises shall conform to the following:
(1)Â
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.
(2)Â
Each massage business shall be equipped with a toilet
and lavatory facilities for personnel. Each operating area shall be equipped
with a hand lavatory.
(3)Â
Compliance with all other pertinent building, zoning
and land use regulations of the Borough.
A.Â
All tables, tubs, shower stalls and floors, except reception
and administrative areas, shall be made of nonporous material which may readily
be disinfected.
B.Â
Closed containers shall be provided for wet towels and
waste materials.
C.Â
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.
D.Â
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.
E.Â
All towels, tissues, sheets or other coverings shall
be used singularly for each patron and discarded for laundry or disposal immediately
after use.
F.Â
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.
A.Â
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.
B.Â
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.
