Borough of Riverdale, NJ Article IX Massage, Bodywork and Somatic Therapy Establishments

[Adopted 4-15-2008 by BOH 1-2008]

§ 176-33 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

MASSAGE, BODYWORK AND SOMATIC THERAPY

Any 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 neuromyofacial 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 THERAPY ESTABLISHMENT

Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration. However, practicing therapies in one's residence or in any adjacent building structure located on the same property is strictly prohibited unless the residence location meets all of the requirements as defined in this article.

MASSAGE, BODYWORK AND SOMATIC THERAPIST

Any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 199 c. 19.[1]

[1] Editor's Note: See N.J.S.A. 45:11-53 et seq.

§ 176-34 Permits required.

A. Massage, bodywork and somatic therapy establishment permit required. No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Riverdale as or for a massage, bodywork and somatic therapy establishment unless or until there has been obtained a permit for such establishment or premises from the Borough of Riverdale in accordance with the terms and provisions of this article.

B. Massage, bodywork and somatic therapist's certification 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 certification issued to him or her pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19.[1]

[1] Editor's Note: See N.J.S.A. 45:11-53 et seq.

C. Application for massage, bodywork and somatic therapy establishment permit; requirements. Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Health Department upon a form to be furnished by the Health Department. The application form shall contain the following information:

(1) The type of ownership of the business i.e., whether individual, partnership, corporation or otherwise.

(2) The name, style and designation under which the business is to be conducted.

(3) The business address and all telephone numbers, including facsimile, where business is to be conducted.

(4) A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the name and residence address of the manager or other person principally in charge of the operation of the business.

(5) A sworn statement indicating that all massage, bodywork and somatic therapists employed or to be employed by the establishment or otherwise permitted to work at the establishment have been certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19.[2]

[2] Editor's Note: See N.J.S.A. 45:11-53 et seq.

(6) 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 shall be provided:

(a) The name, complete residence address and residence telephone number.

(b) The two previous addresses immediately prior to the present address of the applicant.

(c) Written proof of age.

(d) Height, weight, sex, color of hair and eyes.

(e) Two front-face portrait photographs taken within 30 days of the date of the application and a least two inches by two inches in size.

(f) 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 municipality 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.

(g) 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 Borough Police Department. Failure to execute such a waiver and consent shall result in a denial of a permit. An establishment permit shall be denied to any person who has been convicted of any crime or disorderly persons offense, other than traffic violations.

(7) The names and addresses of three adult residents of the country who will serve as character references. These references must be persons other than relatives and business associates.

D. Massage, bodywork and somatic therapy establishment permit fee. Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Department of Health upon a form to be furnished by said Department, and pay an annual fee of $100, which permit fee shall become due on the first day of January each year. The Health Officer shall issue a permit upon demonstration of compliance with chapter requirements.

E. Building requirements; inspections. The Department of Health, upon receiving an application for a massage, bodywork and somatic therapy establishment permit, shall refer the application to the Building Department, Fire Department, Police Department and Planning Department, and shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Division of Licensing and Permits concerning compliance with the codes that they administer. No massage, bodywork and somatic therapy establishment shall be issued a permit or be operated, established or maintained in the Borough 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 Borough of Riverdale. In addition, the establishment must comply with each of the following minimum requirements:

(1) All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected, and shall be maintained in a sanitary condition and regularly cleaned and disinfected.

(2) Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

(3) The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and material shall be disinfected after use on each patron.

(4) Adequate hand-washing facilities shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.

F. Suspension or revocation of permit.

(1) Permits issued under this section may be revoked by the Health Officer, after notice and a hearing, for any of the following causes:

(a) Fraud, misrepresentation or false statement in the application for the permit.

(b) Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Borough.

(c) Any violation of this article.

(d) Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution, and any crime involving dishonesty.

(e) Conducting the permitted business in the Borough in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

(2) Notice of the hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his/her last known address at least five days prior to the date set for the hearing.

(3) Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Borough of Riverdale.

(4) The Board of Health shall conduct any hearing pursuant to this section.

(5) In addition to license suspension or revocation, the Health Officer, or his designated agent, is authorized to enforce violations in Municipal Court upon written notice providing a reasonable period to cure based on the nature of the violation and circumstances involved.

G. Display of permit. The massage, bodywork and somatic therapy establishment shall display its permit as well as the certification 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.

H. Operating requirements. Every massage, bodywork and somatic therapist shall comply with the following:

(1) Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(2) Price rates for all services shall be prominently posted in the reception areas in a location available to all prospective customers.

(3) All employees, including massage, bodywork and 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 shall be self-closing.

(4) 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.

(5) 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.

(6) It shall be unlawful for any person knowingly, in a massage, bodywork and somatic 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. No massage, bodywork and 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.

(7) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces 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 kept dry, clean and sanitary.

(8) Oils, creams, lotions, and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean closed containers or cabinets.

(9) Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.

(10) 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 a patron.

I. Inspections. The Department of Health, Police Department and/or the Building Department shall, from time to time, at least twice a year, make an inspection of each massage, bodywork and somatic therapy establishment granted a permit under the provisions of this section for the purpose of determining whether the provisions of this section are being complied with. Such inspection 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.

J. Sleeping quarters. No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage, bodywork and 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 and somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.

K. Prohibited acts.

(1) No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by the State of New Jersey, particularly, but not limited to, 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, adultery and proscribing fornication; nor shall any owner or manager tolerate in his or her establishment any activity or behavior which violates this section.

(2) Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such establishment, it being specifically declared that following such conviction of an employee, the owner or manager of the establishment shall be prosecuted as an accessory to such violation and the permits which have been issued shall be automatically revoked.

L. Exceptions. The provisions of this article shall not apply to massage, bodywork or somatic therapies given:

(1) In the office of a licensed physician, chiropractor or physical therapist; or

(2) By a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or

(3) By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or

(4) By a licensed barber or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or upper part of the body as set forth in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.

§ 176-35 Violations and penalties.

In addition to the revocation or suspension of the permit granted under this article any therapist or establishment who violates any provision of this article shall, upon conviction hereof, be punished by a fine not exceeding $1,000, plus $50 for each day of violation, or face imprisonment for a term not exceeding 90 days, or both, in the discretion of the court.