[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 9-19-2006 by Ord. No. 2360-06; amended in its entirety 7-2-2013 by Ord. No.
2724-13. Subsequent amendments noted where applicable.]
The purpose of this chapter is to insure the health and safety
of consumers of massage within the Township of Maplewood ("Township").
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this chapter:
Any and all persons, other than the massage practitioner(s)
and employee(s), who are authorized to act for or in place of the
permittee, massage practitioner(s), and/or employee(s).
Any and all persons, other than the massage practitioner(s),
who work for a massage business, who receive compensation directly
from the permittee and who have no physical contact with the patrons.
Shall have the same meaning as defined in N.J.S.A. 45:11-55.
Shall have the same meaning as defined in N.J.S.A. 45:11-55.
Any of the following three types:
Establishment type: 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 and bathhouse
establishment.
Home-based type: located in a fixed place of business on a residential
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 and in compliance with the zoning regulations regarding
home-based businesses.
Out-call type: located in premises not 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.
Any room, floor, or section of a residential property in
the case of a home-based type of massage business, where massage,
bodywork and/or somatic therapies as herein defined are carried out.
Any person who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
any other consideration therefor.
The operator of a massage business and/or a massage practitioner,
who will receive money or any other consideration therefor and who
has a permit issued pursuant to this license.
A.
No person shall engage in providing massage unless he or she has
a valid massage practitioner license issued by the State of New Jersey.
B.
No person, firm, association or corporation shall operate a massage
business unless a valid massage business permit has been issued by
the Township pursuant to the provisions of this chapter.
Every applicant for a massage business permit shall file annually a complete application with the Township Health Department ("Health Department"), as set forth in § 166-5 below, and pay an annual filing fee as follows:
A.
Each massage business must be permitted.
B.
Any applicant for a massage business permit shall file a written application with the Health Department on a form to be furnished by the Health Department. The applicant shall accompany the application with a tender of the correct fee set forth in § 166-4, above, and shall, in addition, furnish the following:
(1)
The applicant's name, complete address, residence and cell phone
numbers.
(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)
Three passport-sized photographs taken within 30 days of the date
of the application.
(6)
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.
(7)
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.
(8)
Upon initial application, a written waiver and consent to allow a
fingerprint and criminal background check by the Maplewood Police
Department. For this, a fee of $78 shall be paid by the applicant.
(9)
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.
(10)
A written declaration by the applicant under penalty of perjury that the foregoing information contained in the application is true and correct. Notwithstanding the foregoing, if the applicant holds a valid massage therapist license issued by the State of New Jersey, items in Subsection B(3), (4), and (6) through (9) shall be waived.
No massage business of the establishment or home-based type
shall be issued a permit to be operated, established or maintained
in the Township unless an inspection by the appropriate departments
produces the following:
A.
A written report by the Building 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 complies
with all other appropriate building requirements.
B.
A written report by the Health Department that:
(1)
All massage tables have surfaces which may be readily disinfected.
(2)
The premises has 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 Fire Department that the premises meets the
Fire Code of the Township.
The Health Department, upon receiving an application for a massage
business permit of the establishment or home-based type, shall refer
the application to the Township Construction Official ("Construction
Official"), the Township Fire Department ("Fire Department") and the
Police Department, which departments shall inspect the premises proposed
to be operated as a massage business of the establishment or home-based
type and shall make written recommendation to the Health Department
concerning the laws and codes that they administer, as herein provided.
The Health Department shall issue a massage business permit within 14 days following receipt of a completed application and the certifications set forth in §§ 166-5 and 166-6 above if all requirements described in this chapter are met, unless the Department finds that:
A.
The correct permit fee has not been tendered to the Township 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 Township building, zoning and
health codes and regulations.
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Township in conjunction therewith.
D.
The applicant has had a massage business, massage practitioner's
or other similar permit or license denied, revoked or suspended for
any of the above causes by the Township or any other state or local
agency, which finding may be waived by the Township Committee 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.
In the case of establishment type or home-based type massage businesses,
price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers, or in the
case of out-call type massage businesses, given to the patron in the
manner he or she can read.
B.
Massage practitioners and employees shall be clean and wear clean,
nontransparent outer garments.
C.
In the case of establishment type or home-based type of massage businesses,
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
massages shall be kept in clean, closed containers or cabinets.
(2)
Eating in an establishment type massage business shall not be permitted
except in a designated cafeteria/kitchen. Eating in a home-based type
massage business shall not be permitted in the massage work area(s).
Animals, except for Seeing Eye dogs, in an establishment type massage
business shall not be permitted.
(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.
D.
All massage practitioners and massage business 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 Health Department within 10 days of the issuance of the permit set forth in § 166-4 above. In the case of establishment type or home-based type massage businesses, proof of appropriate liability insurance must be conspicuously posted.
E.
Out-call type business patrons shall be provided with a copy of the
Township's "Protect Your Health and Safety During a Massage"
flyer approved by the Health Officer after design by various massage
practitioners.
F.
Nothing contained herein shall be construed to eliminate other requirements
of statute or ordinance concerning the maintenance of premises or
to preclude authorized inspection thereof.
The following activities are prohibited:
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.
A.
Any permit issued for a massage business may be revoked or suspended
by the Health Department after a hearing, for good cause, or in any
case where an employee violates any of the state or local laws or
ordinances. In the case of establishment type or home-based type massage
businesses, any business permit may be revoked or suspended if any
permittee, 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 permit may also be revoked or suspended
by the 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.
B.
A hearing may be requested by a permittee concerning a suspension
or a revocation order within 10 days of its issuance. The Township
Business Administrator ("Business Administrator") shall be the hearing
officer.
All massage business permittees 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 permittee shall be responsible for all actions which occur
on the premises of an establishment type massage business or in the
work area(s) of home-based massage businesses, whether by massage
practitioners, employees, subcontractors, or other agents, where the
permittee has actual or constructive knowledge of such actions.
All massage businesses shall post their massage business permits
in a conspicuous location at all times. In the case of out-call type
massage businesses, a copy of the permit shall be given to the patron
in a manner he or she can read.
Every massage business permittee shall, at all times, keep an
appointment book in which the names of each and every patron shall
be entered, together with the time, date and place of service and
the service provided. Such appointment book shall be available for
inspection pursuant to court order.
The Health Department, the Police Department, the Building Department, and the Fire Department shall, from time to time, announced or unannounced, make an inspection of each establishment or home-based type 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 § 166-15 of this chapter. It shall be unlawful and grounds for a suspension and/or revocation of the permit for any permittee 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
an establishment type massage business or within the work area(s)
of the home-based type massage business.
Any violation of this chapter shall be deemed grounds for suspension
and/or revocation of the permit granted hereunder.
No person granted a permit 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 permit.
Massage business permits are not transferable, separate or divisible,
and such authority as a massage business permit confers shall be conferred
only on the permittee named therein for the location of the establishment
or home-based type massage business specified therein only.
The provisions of this chapter do not apply to massage or physical
therapy treatments given:
A.
In the office of a licensed physician, chiropractor, or physical
therapist.
B.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors,
and/or physical therapists.
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient.
Any person or business violating any of the provisions of this
chapter shall, upon conviction, be liable for a fine:
