[HISTORY: Adopted by the Board of Commissioners (now City
Council) of the City of Atlantic City 2-3-1977 by Ord. No. 7-1977;
amended in its entirety 12-10-2008 by Ord. No. 110-2008. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to insure the health and safety
of consumers of massage within the City of Atlantic City.
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all persons, other than the massage practitioner(s)
and employee(s), who are authorized to act for or in place of the
licensee, business(es), practitioner(s) and/or employee(s).
Shall be used as that term is used in N.J.A.C. 13:37-16.1
et seq.
Any and all persons, other than the practitioner(s), who
work for a business licensed pursuant to this chapter, who receive
compensation directly from the licensee and who have no physical contact
with the patrons.
Shall be used as that term is used in N.J.S.A. 45:11-53 et
seq.
The operator of a massage business and/or a massage practitioner,
who will receive money or any other consideration therefor and who
has a license issued pursuant to this chapter.
Massage, bodywork, pressure and somatic therapy. Those terms
shall be used herein as those terms are used in N.J.S.A. 45:11-55
et seq. and this chapter.
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 techniques and use of visual, kinesthetic,
auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork, pressure or somatic 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 application of herbal or topical preparations not classified
as prescribed drugs, explaining and describing myofascial movement,
self-care and stress management as it relates to massage, bodywork
and somatic therapies. Massage, bodywork and somatic therapy practices
are designed to affect the energetic system of the body for purposes
of promoting and maintaining the health and well-being of the client.
Massage, bodywork, pressure and somatic therapies do not include the
practice of medicine, surgery, dentistry, osteopathy, chiropractic,
physical therapy or other medical or surgical practices as defined
in Title 45, Chapter 9, of New Jersey Statutes Annotated or to licensed
nurses acting under the direct prescription and direction of said
practitioners. Massage, bodywork, pressure and somatic therapies do
not include massage of the scalp, hands or feet by a hair or nail
salon or chair massage of arms, neck and shoulders in an open room
or area where other business is conducted, or certificated therapeutic
methods that are employed when the patron is fully clothed.
Any establishment located in a fixed place of business on
a nonresidential property owned, leased, operated or controlled by
any person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this chapter. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy and bathhouse establishment.
Any person who holds a certificate as defined by this chapter
who, for any consideration whatsoever, engages in the practice of
massage, bodywork, pressure and/or somatic therapy as herein defined,
including but not limited to subcontractors, subtenants or temporary
employees certified by the State of New Jersey.
Any room, floor or section of a massage business where massage,
bodywork, pressure and/or somatic therapies as herein defined are
carried out.
Any person who receives a massage, bodywork, pressure and/or
somatic therapies under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
An individual person, partnership, corporation, limited-liability
company or any other enterprise or entity capable of conducting a
massage business and/or massage services. Persons shall specifically
include and apply to individual owners of massage businesses, as well
as the entity(ies).
A facility in which massage, bodywork, pressure or somatic
therapy is provided to all clients in a single open workspace, which
workspace is visible, in its entirety, to the public from the exterior
of the premises at all times of business operation.
A.
Massage business. No persons shall operate a business engaged in
the provision of massage, bodywork, pressure or somatic therapy services
unless such person has first obtained a valid license for such business
from the Atlantic City Mercantile License Office and the Atlantic
City Health Department in accordance with the terms and provisions
of this chapter. Each applicant shall be fingerprinted by Sagem Morpho,
Inc. Fingerprints so furnished shall become a part of the application.
In the event of a partnership, all partners, and in the event of a
corporation, the president, vice-president, secretary and treasurer,
shall be required to submit the above-mentioned sets of fingerprints,
which fingerprints so taken shall be submitted to the Chief of Police
for comparison and record. The number of licenses issued shall be
limited as follows:
(1)
For massage businesses other than those conducted in a stress therapy
studio, no more than one license shall be issued for each 10,000 residents
of the City of Atlantic City, as published by the most recent available
statistics by the United States Bureau of the Census.
(2)
The Atlantic City Mercantile License Office and the Atlantic City
Health Department shall issue a license to operate upon satisfaction
by the applicant that he or she has met all the requirements of N.J.S.A.
45:11-53 et seq. and N.J.A.C. 13:37-16.1 et seq.
B.
Massage practitioner. No person shall engage in providing massage
services unless such person has first obtained a valid massage practitioner
license issued by the Atlantic City Mercantile License Office and
the Atlantic City Health Department pursuant to the provisions of
this chapter and is certified by the State of New Jersey pursuant
to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37-16.1 et seq.
(1)
The provision of massage services shall be limited to licensed medical
centers, hospitals, sanitariums or the duly licensed office of a physician,
osteopath, chiropractor, physical therapist or the office of a duly
licensed massage business, as defined herein.
(2)
No person other than a licensed and state-certified massage practitioner
shall have any physical contact with patients or persons within the
office of said physician, osteopath, chiropractor, physical therapist
or massage business.
(3)
The Atlantic City Mercantile License Office and the Atlantic City
Health Department shall issue a license to practice upon satisfaction
by the applicant that he or she has met all the requirements of N.J.S.A.
45:11-53 et seq. and N.J.A.C. 13:37-16.1 et seq.
Every applicant for a massage practitioner license and/or a
massage business license pursuant to this chapter shall file annually
a complete application with the Atlantic City Mercantile License Office
and the Atlantic City Health Department as set forth in this chapter
and pay an annual filing fee as follows:
A.
For a massage business license pursuant to this chapter, the fee
shall be $300 per year.
[Amended 4-20-2016 by Ord. No. 20-2016]
B.
For each additional massage practitioner working for a licensed massage
establishment and/or business, the fee shall be $150 per year. The
license issued to a massage practitioner under this section is only
for an individual massage establishment, and the license cannot be
transferred to another massage establishment. Should the massage practitioner
move to another business, they will need to submit a new application
for that business.
[Amended 4-20-2016 by Ord. No. 20-2016]
C.
All fees are nonrefundable. Fees are annual and not prorated.
D.
The license fee shall be due on the first day of July in each year.
E.
Any changes in ownership shall require a new application and license
with the payment of the fees therefor.
F.
If at any time after the initial license is granted additional practitioners
begin providing services at any massage business, all of the information
required herein must be submitted to the Atlantic City Mercantile
License Office and the Atlantic City Health Department prior to the
massage practitioner providing services and the additional fee must
be paid.
G.
In addition to the above, each massage practitioner and massage business
applicant must pay the fee required to obtain a criminal background
check.
A.
Each massage business must be licensed and each massage practitioner
must be licensed. There shall be a separate massage business license
and a separate massage practitioner license.
B.
Each application for a license or renewal thereof, either to operate
a massage business or premises or to engage in the business of massage
or to be employed as a massage practitioner, shall be approved by
the governing body before any license is issued. First-time applicants
for any licensure must be fingerprinted and photographed in accordance
with the terms and provisions of this chapter and the procedures established
by the Atlantic City Mercantile License Office. The governing body
shall not approve such application if, on the basis of the criminal
record of the applicant or of the principles thereof or on the basis
thereof of other evidence of bad character or morals, it shall determine
that the granting or renewal of such license would tend to encourage
or permit criminal or immoral activities within the City of Atlantic
City.
C.
Any applicant for a massage practitioner license or massage business
license shall file a written application with the Atlantic City Mercantile
License Office and the Atlantic City Health Department on a form to
be furnished by the Atlantic City Mercantile License Office. The applicant
shall accompany the application with a tender of an application fee
of $25 the correct fees set forth in this chapter above and shall,
in addition, furnish the following:
(1)
The applicant's name, complete address, residence and cell phone
number.
(2)
All previous addresses within the last five years prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and color of hair and eyes.
(5)
Previous employment and business history, including whether or not
the applicant has previously operated in this or another municipality
or state under a license or permit and whether or not any such license
or permit was denied, revoked or suspended and the reason therefor
and the business activities or occupations subsequent to such action
or denial, suspension or revocation.
(6)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and the circumstances thereof.
(7)
Upon initial application, a written waiver and consent to allow a
fingerprint and criminal background check by Sagem Morpho, Inc. For
this, a fee shall be paid by the applicant.
(8)
The names and addresses of two adult residents of this state who
will serve as character references. These references must be persons
other than relatives and business associates.
(9)
A written declaration by the applicant under penalty of perjury that
the foregoing information contained in the application is true and
correct.
No massage business shall be issued a license to operate or
establish in the City of Atlantic City unless a walk-through inspection
is conducted by the Mercantile License Office and an inspection by
the appropriate departments produces the following:
A.
A written report by the Atlantic City Construction Department that
construction of rooms used for toilets, tubs, steam baths and showers
is waterproof with approved waterproof materials and installed in
accordance with the New Jersey Uniform Construction Code and that
the premises comply with all other appropriate building requirements.
B.
A written report by the Atlantic City Health Department that:
(1)
All massage tables have surfaces which may be readily disinfected.
(2)
The premises have adequate equipment for sanitizing nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials must be disinfected after use on each patron.
(3)
Closed cabinets are provided and used for the storage of clean linen,
towels and other materials used in connection with administering massages.
All soiled linens, towels and other materials are kept in properly
covered containers or cabinets, which containers or cabinets are kept
separate from the clean storage area.
(4)
Toilet facilities are provided in convenient locations.
(5)
Lavatories or washbasins providing both hot and cold running water
are installed in either the toilet room or a vestibule immediately
adjacent thereto. Lavatories or washbasins are provided with soap
and a dispenser and with sanitary towels.
C.
A written report by the Atlantic City Fire Department that the premises
meet the Fire Code of the City of Atlantic City.
The Atlantic City Mercantile License Office, upon receiving
an application for a massage business license, shall refer the application
to the Atlantic City Construction Official, the Atlantic City Fire
Department and the Atlantic City Police Department, which departments
shall inspect the premises proposed to be operated as a massage business
and shall make written recommendation to the Atlantic City Mercantile
License Office concerning the laws and codes that they administer,
as herein provided.
A.
All massage therapy services in stress therapy studios must be provided
within a single, open, undivided workspace, which workspace, in its
entirety, must remain visible to the public from the exterior of the
premises during all hours of operation;
B.
No member of the public shall be permitted in any area of a stress
therapy studio other than the open, undivided workspace and restroom
area;
C.
All recipients of massage services in stress therapy studios must
remain clothed during receipt of said services.
The Atlantic City Mercantile License Office may issue a massage
practitioner license and/or massage business license within 30 days
following receipt of a completed application and the certifications
set forth in this chapter if all requirements described in this chapter
are met, unless the Mercantile License Office finds that:
A.
The correct license fee has not been tendered to the City of Atlantic
City and, in the case of a check or bank draft, honored with payment
upon presentation.
B.
In the case of a massage business application, the operation as proposed
by the applicant, if permitted, would not comply with all applicable
laws, including but not limited to the City of Atlantic City building,
zoning, fire and health codes and regulations.
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the license application or in any document required
by the City of Atlantic City in conjunction therewith.
D.
The applicant has had a massage business, massage practitioner or
other similar permit or license denied, revoked or suspended by the
City of Atlantic City or any other state or local agency, which finding
may be waived by the City Council in its discretion.
E.
The applicant, if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, if the applicant is a partnership, or the manager or other
person principally in charge of the operation of the business is not
over the age of 18 years.
F.
The applicant(s), if an individual, any of the officers and directors
or managing director, if the applicant is a corporation, any of the
members or managing member, if the applicant is a limited-liability
company, any of the partners, including limited partners, or managing
partner, if the applicant is a partnership, or the manager or other
person principally in charge of the operation of the business has
been convicted of an offense involving sexual misconduct with children,
prostitution, soliciting for purpose of offenses opposed to decency
and morality, or any crime of moral turpitude.
A.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers or given
to the patron in the manner they can read.
B.
Massage practitioners and employees shall be clean and wear clean,
nontransparent outer garments.
C.
The sexual, genital and rectal areas of patrons must be covered by
towels, cloths or undergarments when in the presence of massage practitioners
or employees.
D.
While administering massage, as defined in this chapter, it shall
be unlawful for any person knowingly to place his or her hand upon
or to touch, fondle or massage in any manner a sexual, genital and/or
rectal area of himself or herself or any other person.
E.
No massage practitioner, employee or licensee shall perform, or offer
to perform, any act which would require the touching of a patron's
sexual, genital or rectal area.
F.
All massage practitioners and employees shall refrain, under all
circumstances, from initiating or engaging in any sexual conduct,
sexual activities or sexualizing behavior involving a patron, even
if a patron attempts to sexualize the relationship.
G.
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 that the business
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.
(1)
Oils, creams, lotions, stones and other preparations used in administering
massage shall be kept in clean, closed containers or cabinets.
(2)
Eating in a massage business shall not be permitted except in a designated
cafeteria/kitchen. Animals, except for Seeing Eye dogs, shall not
be permitted in a massage business.
(3)
Each massage practitioner shall wash his or her hands in hot running
water, using a proper soap or disinfectant, before administering a
massage to each patron.
(4)
All massage practitioners and massage businesses shall maintain appropriate
liability insurance coverage with a reputable company licensed by
the State of New Jersey in an amount of not less than $1,000,000 per
occurrence and in the aggregate for all claims caused by personal
injury. A certificate of insurance in acceptable form shall be provided
to the Atlantic City Mercantile License Office within 10 days of the
issuance of the license. In the event that the certificate of insurance
is not provided to the Atlantic City Mercantile License Office within
the time prescribed, the license will be revoked. Proof of appropriate
liability insurance must be conspicuously posted.
H.
Nothing contained herein shall be construed to eliminate other requirements
of statute or chapters concerning the maintenance of premises or to
preclude authorized inspection thereof.
A licensee and/or employee shall not perform:
A.
Colonic irrigations;
B.
Prostate massages;
C.
Vaginal or penile massages;
D.
Rectal massages;
E.
Animal therapies prohibited by the Veterinary Medical Act, N.J.S.A.
45:16-1 et seq.;
F.
Any application of electrical current to the body (Transcutaneous
Electronic Nerve Stimulation, TENS machine);
G.
Ultrasound therapy; and
H.
Diagnosis of illness, disease, impairment or disability.
[Amended 1-27-2010 by Ord. No. 03-2010]
Any license issued for a massage practitioner and/or massage
business may be revoked or suspended by the Atlantic City Mercantile
License Office after a hearing, for good cause, or in any case where
any licensee and/or employee violates any of the provisions of this
chapter or where any licensee and/or employee violates any of the
state or local laws or ordinances. Any massage business license may
be revoked or suspended if any licensee, massage practitioner or employee
refuses to permit any duly authorized health inspector, police officer,
building department inspector or fire inspector to inspect the premises
or the operations therein. Any massage business license may also be
revoked or suspended by the Atlantic City Mercantile License Office
and/or Atlantic City Health Department if such business is being managed,
conducted or maintained without regard for the public health or health
of patrons or without due regard for proper sanitation and hygiene.
A hearing may be requested by a licensee concerning a suspension or
a revocation order within 10 days of its issuance. The Atlantic City
Director of Licensing and Inspections shall be the hearing officer
and be the sole authority to revoke said license pursuant to N.J.S.A.
40:52-1.2.
All massage business licensees must maintain a register of all
persons employed as massage practitioners and their license numbers
and all other employees and agents. Such register shall include the
name, address, date of birth and social security number of all massage
practitioners, employees and agents and shall be available for inspection
at all times during regular business hours.
The licensee shall be responsible for all actions which occur
on the premises of a massage business, whether by massage practitioners,
employees, subcontractors or other agents, where the licensee has
actual or constructive knowledge of such actions.
All massage businesses shall post their massage business licenses
in conspicuous locations at all times.
The Atlantic City Health Department, Atlantic City Police Department,
Atlantic City Construction Department and Atlantic City Fire Department
shall, from time to time, announced or unannounced, make an inspection
of each massage business for the purpose of determining whether the
provisions of this chapter are complied with. Such inspections shall
be made at reasonable times and in a reasonable manner and in compliance
with this chapter. It shall be unlawful and grounds for a suspension
and/or revocation of the license for any licensee to fail to allow
such inspection officer access to the premises or to hinder such officer
in any manner.
No person shall permit any person under the age of 18 years
to receive a massage without advance written permission from his or
her parent, caregiver or guardian or unless a parent, caregiver or
guardian is present in the room during the time of the massage.
No person shall sell, give, dispense, provide or keep or permit
the sale or consumption of alcoholic beverages on the premises of
a massage business.
No person granted a license pursuant to this chapter shall operate
under any name or conduct his or her business under any designation
for any location not specified in his or her license.
Massage business licenses are not transferable, separate or
divisible, and such authority as a massage business license confers
shall be conferred only on the licensee named therein for the location
of the massage business specified therein only. Massage practitioner
licenses are not transferable, separate or divisible.
The provisions of this chapter do not apply to massage, bodywork,
pressure, somatic therapy or physical therapy treatments given:
A.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
B.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapists.
C.
By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of his or her patient.
D.
In any licensed health and/or athletic club.
E.
In any casino as that term is defined at N.J.S.A. 5:12-6 (a single
room in which casino gaming is conducted pursuant to the provisions
of this act) and/or N.J.S.A. 5:12-192 (a licensed casino or gambling
house located in Atlantic City at which casino gambling is conducted
pursuant to the provisions of N.J.S.A. 5:12-1 et seq.) or any hotel
and condominium complex with a minimum of 200 rooms.
[Amended 7-11-2017 by Ord. No. 16-2017]
All persons who presently operate a massage business and hold
a license issued by the City of Atlantic City must comply with the
provision of this chapter within 30 days of the effective date of
this chapter. All persons who are presently practicing as massage
practitioners pursuant to a license issued by City of Atlantic City
must become certified by the State of New Jersey pursuant to N.J.S.A.
45:11-53 et seq. and N.J.A.C. 13:37-16.1 et seq. and must present
the certification by the State of New Jersey to the Atlantic City
Mercantile Office within one year of the effective date of this chapter.
Applications for renewal of licenses must be filed not more than three
months nor less than two months prior to termination of an existing
license.
Unless another penalty is specifically provided elsewhere in
the Code of the City of Atlantic City or the laws of the State of
New Jersey, any person who violates any provision of this chapter
shall, upon conviction in Municipal Court, be punished by imprisonment
in the county jail for a term not exceeding 90 days or by a fine not
exceeding $2,000, or both, in the discretion of the Court.
