[HISTORY: Adopted by the Township Council of the Township
of West Windsor 10-25-2022 by Ord. No. 2022-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
[1]
Editor's Note: This ordinance superseded former Ch. 109, Massage,
Bodywork and Somatic Therapy, adopted 10-15-2012 by Ord. No. 2012-15.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53.
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.
The administering of massage, bodywork and/or somatic therapies
for any form of consideration by any person not licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999, c. 19 amended 2007, c. 337,[1] shall be prohibited throughout the Township of West Windsor.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
Establishment. No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of West
Windsor as or for a massage, bodywork and somatic therapy establishment
unless or until such person, firm or corporation has obtained a license
for such establishment or premises from the Municipal Clerk in accordance
with the terms and provisions of this chapter.
Establishment. Any person desiring a massage, bodywork and somatic
therapy establishment license shall file a written application with
the Municipal Clerk upon a form provided by the Clerk. The application
form shall contain the following information:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business is to be
conducted.
C.
The business address and all telephone numbers, including facsimile
and email, where business is to be conducted.
D.
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.
E.
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 licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999 c. 19, amended 2007, c. 337.
F.
The following personal information concerning the applicant (s),
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:
(1)
The name, complete residence address and residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex, color of hair and eyes.
(5)
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.
(6)
Any 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.
(7)
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 criminal background check
by the Township Police Division. Failure to execute such a waiver
and consent shall result in a denial of a license.
(8)
The names and addresses of three adult residents who will serve as
character references. These references must be persons other than
relatives and business associates.
(9)
The fingerprints of the applicant(s).
(10)
Proof of insurance.
(11)
Two legal forms of ID, one of which must be a photo ID.
(12)
Copy of certification of each therapist.
A.
Every three years from the date of issuance the establishment is required to file a renewal application and pay the applicable fees in accordance with Chapter 82, Fees.
B.
A renewal application will be provided by the Municipal Clerk's
office prior to the expiration of the current license.
(1)
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.
(2)
Renewal licenses will be required to file a SBI form. Fees associated with this are authorized in Chapter 82, Fees.
(3)
The applicant shall execute a waiver and consent to allow a
criminal background check by the Township Police Division. Failure
to execute such a waiver and consent shall result in a denial of a
license.
(4)
If needed the Police Division may require fingerprints.
(5)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof.
(6)
Proof of insurance.
(7)
Two legal forms of ID, one of which must be a photo ID.
(8)
Copy of certification of each therapist.
C.
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.
D.
No review/inspection will be necessary for renewal application from
other departments/divisions with the exception of yearly inspections
being conducted by various departments/divisions in accordance with
applicable codes.
A temporary license may be issued by the Township Clerk in thirty-day
increments to cover the period between the expiration of the current
license and the renewal license being issued.
A.
If a licensed establishment has a change in ownership, this must be reported to the Township Clerk within five business days and an application must be filed within 10 business days for review and approval by the Township in accordance with § 109-5, Initial application for license.
B.
No review will be necessary from other departments/divisions due
to yearly inspections being conducted in accordance with applicable
codes.
A.
The Municipal Clerk, upon receiving an initial application for a
massage, bodywork and somatic therapy establishment license, shall
refer the application to the various municipal departments (i.e.,
Division of Code Enforcement, Zoning, Health, Fire and Emergency Services)
for review and conformance with applicable state and Township Codes
for such an establishment.
B.
No massage, bodywork and somatic therapy establishment shall be issued
a license or be operated, established or maintained in the Township
unless the owner of the business can represent compliance with applicable
Uniform Construction Code, Uniform Fire Code, and Health Codes with
no violations and/or penalties remaining outstanding. 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 be constructed of material with surfaces which are
smooth, nonabsorbent, and which may be readily disinfected.
(2)
A public restroom shall be available to clients and employees during
all business hours.
(3)
Water closets and lavatories shall be in conformance with the regulations
set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(4)
If bathing, dressing and locker facilities are provided for the patrons
and male and female patrons are served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
(5)
The premises shall have adequate equipment for disinfecting nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials shall be disinfected after use on each patron.
(6)
Adequate handwashing facilities shall be conveniently located to
each treatment area to maintain clean hands and arms of all employees
before, after and during treatments.
(7)
Hand sinks shall be provided with hot and cold water capable of delivering
running water under pressure at a temperature of 90° Fahrenheit
to 110° Fahrenheit.
A.
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 Division. The Chief of Police or his or her designee
shall investigate the information available as to the applicant's
business and good moral character as deemed necessary for the protections
of the public health, welfare and safety.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory or that the
issuance of a license to the applicant would present a danger to the
public health, welfare or safety, the Chief of Police shall endorse
on such application his disapproval and reasons for same and return
the application to the Township Clerk, who shall notify the applicant
that the application is disapproved.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory and the
issuance of the license to the applicant will present no danger to
the public health, safety and welfare, the Chief of Police shall indicate
his approval on the application and return the application to the
Township Clerk, who shall execute and deliver to the applicant the
license.
A.
Licenses issued under this chapter may be revoked by the Chief of
Police, after notice and a hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business in the Township.
(3)
If the Chief of Police, Health Officer or their designee is denied
access to the premises for the purpose of conducting an inspection.
(4)
Any violation of this chapter.
(5)
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.
(6)
Conducting the licensed business in the Township in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of the hearing for the revocation of a license 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 licensee at his/her last known address at least five days prior to the date set for the hearing. (See § 109-17.)
C.
Such license 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 licensee is detrimental to the health, safety and
general welfare of the Township of West Windsor.
D.
The Chief of Police shall serve as hearing officer for any hearing
pursuant to this subsection.
The licenses issued under this chapter may be immediately suspended
by the Chief of Police for the following reasons:
The massage, bodywork and somatic therapy establishment shall
display its license as well as the New Jersey license 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, and somatic therapy establishment shall
comply with the following:
A.
Every portion of the massage, bodywork, and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition. A broad spectrum antimicrobial disinfectant
shall be used.
B.
Price rates for all services shall be prominently posted (brochures
or price list) in the reception area in a location available to all
prospective customers.
C.
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, be self-closing and nonlockable.
D.
Handwash sink shall be used solely for the washing of hands, arms
and other parts of the body.
E.
Hand sinks shall be supplied with liquid soap and disposable hand
towels at all times.
F.
Every area of the establishment shall be provided with lighting capable
of providing a minimum of 50 footcandles of artificial light. Lighting
may be dimmed during treatment sessions.
G.
Massage tables shall be maintained in good condition and free of
rips or tears.
H.
Toilet paper, covered trash, liquid hand soap and disposable paper
towels or alternate means of hand drying shall be provided in restrooms.
I.
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.
J.
Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high heat setting in a clothes dryer.
K.
Linens used in a licensed establishment may not be laundered in a
private home.
L.
Closed containers shall be provided for soiled linens.
M.
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.
N.
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.
O.
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 after
each use. When carpeting is used on the floors it shall be kept dry.
P.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
Q.
Animals, except for service or guide dogs, shall not be permitted
in the massage work area.
R.
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.
A.
The Chief of Police and Health Officer and/or their designees are
authorized to conduct random inspections of massage, bodywork and
somatic therapy establishments 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
unannounced but shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any licensee or employee of the licensee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
B.
The operator shall permit access to all parts of the establishment
and all pertinent records required for the inspection shall be made
available to the health authority representative for review.
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 may 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 massage, bodywork and somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A.
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.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes may 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 may be prosecuted
as an accessory to such violation and the licenses which have been
issued may be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A.
In the office of licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
D.
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.
A.
Any person whose license has been revoked under the provisions of § 109-8 may apply to be relicensed upon filing of proof that all loss caused by the actor or omissions for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with.
Whenever notice is required or permitted to be given by this
chapter, such notice may be effected by personal service upon the
licensee if an individual or any general partner, if a partnership,
or upon any corporate officer, if a corporation, or alternatively,
to any of the foregoing, by certified mail, return receipt requested,
to the last address listed in the Township Clerk's office in
conjunction with the license information. It shall be the duty of
each licensee to keep the Township advised of any subsequent change
of address. Upon failure of a licensee to comply with this requirement,
any notice returned with the notation "unknown," "moved," or "not
claimed" shall be deemed proper service of all notices required by
this chapter.
