[HISTORY: Adopted by the Township Committee of the Township of Hazlet 2-20-2007 by Ord. No. 1388-07. Amendments noted where applicable.]
Licensing — See Ch. 249.
As used in this chapter, the following terms shall have the meanings indicated:
- MASSAGE, BODYWORK AND SOMATIC THERAPIES
- 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 mist hot and cold external applications, external applications 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 THERAPIST
- Any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq.
- MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
- Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered for any form of consideration.
As of August 7, 1999, the effective date of the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq., the administering of massage, bodywork and/or somatic therapies for any form of consideration by any person not certified by the State of New Jersey pursuant to said Act shall be prohibited throughout the Township of Hazlet.
No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Hazlet as or for a massage, bodywork and somatic therapy unless or until such person, firm or corporation has obtained a permit for such establishment or premises from the Municipal Clerk in accordance with the terms and provisions of this chapter.
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Municipal Clerk upon a form provided by the Clerk and pay a fee of $500, which shall be nonrefundable, unless the applicant voluntarily withdraws the application within five days of filing; and can demonstrate that it has not operated the business for which the application is pending during said five-day period; in which event, $150 shall not be refundable. All permits shall be valid for a period of three years from the date of issuance. Permittees may renew their permits prior to expiration by filing a new application with the Municipal Clerk in the manner prescribed in this chapter and accompanied by the requisite fee.
[Amended 7-10-2007 by Ord. No. 1405-07]
Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Municipal Clerk upon a form provided by the Clerk. The application form shall contain the following information:
The name, date of birth and social security number of the applicant.
The type of ownership of the business i.e., whether individual, partnership, corporation or otherwise.
The name, style and designation under which the business is to be conducted.
The business address and all telephone numbers, including facsimile, where business is to be conducted.
A complete list of the names, dates of birth, social security numbers 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.
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, N.J.S.A. 45:11-53 et seq.
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.
The name, complete residence address and residence telephone number.
The two previous addresses immediately prior to the present address of the applicant.
Written proof of age.
Weight, height, sex, color of hair and eyes.
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.
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.
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 Township Police Department. Failure to execute such a waiver and consent shall result in a denial of a permit.
The names and addresses of three adult residents of the county who will serve as a character references. These references must be persons other than relatives and business associates.
The Municipal Clerk, upon receiving an application for a massage, bodywork and somatic therapy establishment permit shall refer to the application to the Building Department and the Health Department, which Departments shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Municipal Clerk 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 Township unless an inspection by the Building Department and Health Department reveals that the establishment complies with the minimum requirements of the Building and Health Codes for businesses operating in the Township of Hazlet. In addition, the establishment must comply with each of the following minimum requirements:
All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that the male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
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.
With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999 c. 19 9 (N.J.S.A. 45:11-53 et seq.), all applicants seeking a permit under this chapter shall be fingerprinted by the Hazlet Township Police Department. The Hazlet Township Police Department shall fingerprint such applicants by appointment. The applicant shall pay a fee of $54 to the Police Department for the cost of fingerprinting.
[Amended 7-10-2007 by Ord. No. 1405-07]
When said application is properly filled out, signed by the applicant and has been filed with the Municipal Clerk with all accompanying information, the application shall be referred by the Clerk to the Township Police Department. The Chief of Police or his or her designee shall investigate the information available as to the good moral character of the applicant, and approve or disapprove the application within 90 days. Reasons for disapproval shall be set forth in writing on the reverse side of the application. The application shall be returned to the Municipal Clerk, who will either issue the permit or notify the applicant of a denial.
Permits issued under this chapter may be revoked by the Chief of Police, after notice and a hearing, for any of the following causes:
Fraud, misrepresentation or false statement in the application for the permit.
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Township.
Any violation of this chapter.
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.
Conducting the permitted business in the Township in the unlawful manner as to constitute a menace to the health, safety or general welfare of the public.
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. Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Chief of Police if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Township of Hazlet. The Chief of Police shall serve as hearing officer for any hearing pursuant to this section.
The massage, bodywork and somatic therapy establishment shall display its permit as well as the certification in accordance with the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq. 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.
Every massage, bodywork, somatic therapy establishment shall comply with the following:
Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services be prominently posted in the reception area in a location available to all prospective customers.
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.
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.
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.
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.
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 for each use. When carpeting is used on the floors, it shall be kept dry.
Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean closed containers or cabinets.
Animals, except for seeing eye dogs, shall not be permitted in the massage work area.
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.
The Health 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 chapter for the purpose of determining whether the provisions of this chapter are being 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.
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 and somatic therapy treatment or bath. This provision shall not preclude the location of massage, bodywork and somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.
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 laws of 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 chapter.
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 establishments shall be prosecuted as an accessory to such violation and the permits which have been issued shall be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:
In the office of licensed physician, chiropractor or physical therapist; or
By a regularly established medical center, hospital or sanitarium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or
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.
In addition to the revocation or suspension of the permit granted under this chapter any person who violates any provision of this chapter shall, upon conviction hereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.