[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 9-25-2018 by Ord. No. 1952.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses and entertainment — See Ch. 108.
[1]
Note: This ordinance specifically excludes
physicians, physical therapy groups, chiropractors, and any other
such medical group or medical support group licensed by the State
of New Jersey. This ordinance also repealed former Ch. 272, Massage,
Bodywork and Somatic Therapy Establishments, adopted 10-1-2002 by
Ord. No. 1565, as amended.
The purpose of this chapter is to establish regulations and
permit requirements for the operation of massage and bodywork therapy
establishments in order to protect and preserve the health, safety
and welfare of the citizens of the Borough of Middlesex, and the patrons
of such establishments, and to minimize and control adverse utilization
of such establishments to preserve the quality of life, protect and
preserve the character of the Borough.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings stated herein.
The 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 and bodywork 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, explaining and describing myofascial movement,
self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the soft tissue of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage and bodywork
therapies do not include the diagnosis of illness, disease, impairment
or disability.
A person certified and/or licensed to practice massage and
bodywork therapies pursuant to the provisions of the Massage, Bodywork
and Somatic Therapist Certification Act, N.J.S.A. 45:11-53.
Any establishment, business or operation wherein massage
and bodywork therapies are administered or are permitted to be administered,
which shall include the operation of an outcall massage and bodywork
therapy service.
A.
Massage and bodywork therapy establishment permit required. No person,
firm, corporation, organization or other entity shall own, maintain,
operate or conduct a massage and bodywork therapy establishment or
utilize any premises in the Borough of Middlesex as or for a massage
and bodywork therapy establishment unless or until such person or
entity first obtained a permit for such establishment or premises
from the Borough of Middlesex in accordance with the terms and provisions
of this chapter.
B.
Massage and bodywork therapist registration/documentation required.
No person shall practice massage and bodywork therapies, unless he/she
has a valid and subsisting massage and bodywork therapist permit or
license issued to him/her by the New Jersey Board of massage and bodywork
therapy, pursuant to the terms and provisions of N.J.S.A. 45:11-53
et seq., and evidence of same has been submitted to the Borough of
Middlesex in accordance with the terms and provisions of this chapter.
C.
Permit renewals. Permits shall be subject to annual renewal as of
June 1 of each year. All permit renewal applications shall be submitted
to the Borough in the same manner as the initial permit along with
any appropriate annual application fees pursuant to this chapter.
[Added 11-24-2020 by Ord. No. 2015]
A.
Every applicant for a massage and bodywork therapy establishment
permit shall file an application with the Borough Clerk upon a form
to be provided by said Clerk and pay an annual fee for the sum of:
B.
Upon receipt of a completed application for a massage and bodywork
therapy establishment, full payment of the fees herein, and registration
of all massage and bodywork therapists who shall provide services
and/or be employed at the massage and bodywork therapy establishment,
the Borough Clerk shall issue a license to operate, but not prior
to the application being processed and approvals granted by all responsible
parties. Responsible parties are granted up to 30 days to review and
act on the application following receipt of the completed application.
Notwithstanding anything to the contrary herein, prior to performing
any services as a massage and bodywork therapist at any establishment
herein described, the therapist must first register, as herein required.
A.
Application for a massage and bodywork therapy establishment permit.
Any person, firm, corporation, organization or other entity applying
for a massage and bodywork therapy establishment permit shall submit
the required application, together with the associated fees, which
shall include the following information:
(1)
The type of ownership of the establishment (i.e., whether individual,
partnership, corporation or otherwise).
(2)
The name, style and designation under which the establishment is
to be conducted.
(3)
The address and all telephone numbers, including facsimile, where
the establishment is to be maintained, operated, and conducted.
(4)
A complete list of the name(s) and address(es) of all massage and
bodywork therapists, along with a copy of each therapist's certificate
and/or license issued by the State of New Jersey issued to the applicant
pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37-16.1[1] et seq., name(s) and address(es) of other employees at
the establishment, and the name and residence address of the manager
or other person principally in charge of the day-to-day operation
of the establishment.
[1]
Editor's Note: See N.J.A.C. 13:37A.
(5)
The following personal information concerning the applicant, if an
individual; concerning each stockholder holding direct or beneficial
interest in stock of the corporation, each officer and director, if
the applicant is a corporation; concerning each partner, including
limited partners, if the applicant is a partnership; concerning the
members, if the applicant is a limited-liability company; and concerning
the manager or other person principally in charge of the day-to-day
operation of the establishment:
(a)
The name, residence address and residence telephone number.
It shall be an ongoing responsibility of the applicant to notify the
Borough, in writing, of any change in name, address or telephone number
of the individuals identified.
(b)
The two previous addresses immediately prior to the present
address of the individuals identified.
(c)
Written proof of age.
(d)
Height, weight, sex and color of hair and eyes.
(e)
Two front-faced portrait photographs of the individuals taken
within 30 days of the date of the application, and at least two inches
by two inches in size.
(f)
The establishment or similar business history and experience,
including, but not limited to, whether or not such person has previously
operated such an establishment, along with the location of such prior
operations, whether or not such person has previously applied for
a license or permit for such an establishment, and if same was denied,
revoked or suspended, and the reasons therefor.
(6)
Floor plans for the proposed facility.
(7)
The names and addresses of three adult residents of the State of
New Jersey who will serve as character references for the applicant.
These references must be persons other than relatives and business
associates of the applicant.
B.
Registration/documentation of a massage and bodywork therapist. Any
person registering as a massage and bodywork therapist shall submit
the following information.
(1)
The name, residence address and residence telephone number of the
therapist. It shall be an ongoing responsibility of the therapist
to notify the Borough, in writing, of any change in name, address
or telephone number.
(3)
Two front-faced portrait photographs of the individual taken within
30 days of the date of the application, and at least two inches by
two inches in size.
(4)
It shall be an ongoing responsibility of any person registered, or
requiring registration as hereunder outlined, to notify the Borough,
in writing, of any change in name, address or telephone number of
the individuals identified.
Upon receipt of an application for a massage and bodywork therapy
establishment permit, the Borough Clerk shall refer the application
to the Construction Code Official, the Fire Department, the Police
Department, the Health Officer and the Zoning Officer, which departments
may inspect the premises where the proposed massage and bodywork therapy
establishment is to be maintained, operated or conducted. No massage
and bodywork therapy establishment shall be issued a permit or be
maintained, operated or conducted in the Borough unless an approval
by the Health Official, Construction Official, Zoning Officer, and
Fire Marshal has been granted indicating that the establishment complies
with the minimum requirements of the construction, zoning, building
and health codes for businesses operating in the Borough of Middlesex.
The massage and bodywork therapy establishment shall display
the permit issued by the Borough, and the certificate and/or license
issued by the State of New Jersey to each and every massage and bodyworks
therapist pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37-16.1[1] et seq. employed and/or conducting business at the establishment,
in an open and conspicuous place within the premises of the establishment.
[1]
Editor's Note: See N.J.A.C. 13:37A.
A.
Every portion of the massage and bodywork therapy establishment,
including all appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B.
Price rates for all services shall be prominently displayed in the
reception area in a location available to all prospective customers.
C.
All employees, including massage and bodywork therapists, shall be
clean and wear clean, nontransparent outer garments.
D.
Dressing areas for employees and customers shall be available on
the premises. Such dressing areas shall be shielded from public view
and provide the individual utilizing same privacy from all other individuals.
If the dressing area is also used as the therapy/massage room, then
adequate procedures shall be in place to safeguard the privacy of
the individual using same as a dressing area. In no case shall these
dressing areas be locked when both a client and any employee are present.
E.
All massage and bodywork therapy establishments shall provide clean,
laundered sheets and towels in sufficient quantity, which shall be
laundered after each use thereof and stored in a sanitary manner.
F.
The sexual or genital area of customers must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
and bodywork therapist.
G.
It shall be unlawful for any person knowingly, in a massage and bodywork
therapy 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.
H.
No massage and bodywork therapist, employee or manager shall perform,
or offer to perform, any act which would require the touching of the
customer's sexual or genital area.
I.
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, steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned each day the establishment 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.
The massage and bodywork therapy establishment shall maintain for
inspection logs of not less than the 30 most recent days evidencing:
i) date/time that repairs, maintenance and cleaning of each portion
of the establishment occurred; and ii) the identity of the person(s)
who performed such repair, maintenance or cleaning.
J.
Oils, creams, lotions and other preparations used in administering
massage and bodywork therapies shall be kept in clean, closed containers
or cabinets.
K.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage and bodywork work area.
L.
Each massage and bodywork therapist shall wash his or her hands in
hot running water, using antibacterial soap or disinfectant before
administering massage or bodywork therapy to each customer.
M.
No massage and bodywork therapy establishment shall permit 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.
N.
Hours of operation of any massage and bodywork therapy establishment
shall not commence prior to 9:00 a.m., and shall not extend beyond
9:00 p.m.
O.
During hours of operation, the public entryway into the massage and
bodywork therapy establishment shall not be locked, barricaded or
otherwise fashioned in such as way as to limit or impede the immediate
access into the establishment.
P.
It shall be the responsibility of the owner(s) of the massage and
bodywork therapy establishment and the holder of the license for the
massage and bodywork therapy establishment to ensure that all employees,
including massage and bodywork therapists, comply with all provisions
of this chapter.
A.
No person shall advertise or offer to provide massage-related services
for compensation within the Borough of Middlesex unless licensed as
a massage and bodywork therapy establishment pursuant to this chapter.
B.
All advertisements for massage therapy services to be provided within
the Borough of Middlesex shall include the massage and bodywork therapy
establishment's name, address, and telephone number.
The Health Official, Construction Official, and/or the Fire
Marshal shall, from time to time, and at least once a year, make an
inspection of each massage and bodywork therapy establishment within
the Borough for purposes of determining whether or not the provisions
of this chapter are being complied with. The Police Department shall
also, from time to time, conduct inspections of each massage and bodywork
therapy establishment to determine if there are any violations of
this chapter and/or violations of any other ordinance of the Borough
of Middlesex or the laws of the State of New Jersey on the premises.
Such inspections, unless it appears that a violation of the temporal
limitations on hours of operation exists, shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any massage
and bodywork therapy establishment to fail to allow such inspection
officer access to the premises or to hinder such officer in any manner.
If any massage and bodywork therapy establishment reasonably appears
to be operating outside of the hours permitted hereunder, the Health
Official, Construction Official, Fire Marshal and/or Police Department
may immediately enter the premises notwithstanding any limitations
to entry herein.
No part or portion of any massage and bodywork therapy establishment
shall be used for or connected with any bedroom or sleeping quarters,
nor shall any person sleep in such massage and bodywork therapy establishment,
except for limited periods incidental to and directly related to a
massage and bodywork therapy treatment. This provision shall not preclude
the location of a massage and bodywork therapy establishment in separate
quarters of a building housing a hotel, motel or other separate business.
A.
Unless otherwise provided law, any person violating the any of the
provisions of this chapter shall, upon conviction thereof, and at
the discretion of the municipal court, be punished by imprisonment
for a term not exceeding 90 days or by a fine of less than $750, nor
exceeding $2,500, or both, for a first violation. A second violation
of any provision of this chapter shall be punished by imprisonment
for a term not exceeding 90 days or by a fine of less than $1,500,
nor exceeding $3,000, or both. A third or subsequent violation of
this chapter shall be punished by imprisonment for a term not exceeding
90 days or by a fine of less than $2,500, nor exceeding $5,000, or
both.
B.
Any conviction of a massage and bodyworks therapist or any employee
of a massage and bodywork therapy establishment of a violation of
any activity or behavior prohibited by the laws of the State of New
Jersey alleged to have occurred at or within a massage and bodywork
therapy establishment, particularly, but not exclusive of laws proscribing
solicitation, prostitution, indecency and obscenity, including the
sale, uttering or exposing and public communication of obscene material,
shall devolve upon the owner and/or manager of such establishment,
it being specifically declared by that, following such a conviction
of a massage and bodyworks therapist or employee, the offensive activity
or behavior of such massage and bodyworks therapist or employee is
imputed upon the owner and/or manager as an accessory to such a violation.
C.
All applicable permit fees still apply.
D.
Suspension/revocation.
(1)
In addition to any of the penalties provided herein or prescribed
by law, and notwithstanding the filing of a summons and/or criminal
complaint in the municipal court or Superior Court, any violation
of the following provisions shall subject the massage and bodywork
therapy establishment to the suspension or revocation of the applicable
permit:
(a)
Fraud, misrepresentation or false statement made by the applicant
in the application for the permit.
(b)
Fraud, misrepresentation or false statement made by the applicant
in the course of carrying on the permitted business in the Borough.
(c)
Any violation of any provisions of this chapter.
(d)
A conviction of a crime involving moral turpitude, a felony,
an offense involving sexual misconduct, or any crime involving dishonesty.
(e)
Conducting the permitted business in the Borough in an unlawful
manner or in such manner as to endanger the health, safety or general
welfare of the public.
(2)
Such suspension or revocation shall be upon notice issued by the
Health Official after conferring with Construction Code Official,
Fire Official, Police Chief, Code Official/Zoning Officer, Health
Official or their designee.
(3)
The said permit(s) may be suspended by the Health Official if, in
his/her discretion and opinion, the conduct of the permittee is detrimental
to the health, safety and general welfare of the Borough of Middlesex.
