Borough of Hawthorne, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 4-17-2013 by Ord. No. 2084-13. Amendments noted where applicable.]
It is declared that the operation of massage establishments, as defined in this chapter, is a business affecting the public health, safety and welfare of the Borough and its residents. In order to ensure the protection of that public health, safety and welfare, the Borough of Hawthorne finds that it must license and regulate such facilities in a manner authorized by and consistent with state statute.
As used in this chapter, the following terms shall have the meanings indicated:
ADVERTISEMENT
Any attempt, directly or indirectly, by publication, dissemination, or circulation in print or electronic media, which directly or indirectly induces or attempts to induce any person or entity to purchase or enter into an agreement to purchase services related thereto from a massage establishment or massage therapist.
ELECTRONIC MEDIA
Radio, television and internet.
EMPLOYEE
Any person other than a massage therapist who renders any service in connection with the operation of a massage business and receives compensation from the operator of the massage establishment or its patrons.
LICENSEE
The operator of a massage establishment.
MASSAGE
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 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 applications, external application of herbal or topical preparations not classified as prescription 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 the purpose of promoting and maintaining the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE ESTABLISHMENT
Any establishment where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage" for compensation of any kind.
MASSAGE THERAPIST
An individual who has taken courses in massage therapy and has received a diploma or certificate of completion in the area of massage therapy from an educational institution offering degrees and/or certification in massage therapy and who holds a valid certification or license issued by the New Jersey Board of Massage and Bodywork Therapy.
PATRON
Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor.
PERSON
Any individual, firm, association, corporation or combination of individuals of whatever form or character.
PRINT MEDIA
Newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, billboards, signs, business cards, match covers and other similar items, documents or comparable publications, the content of which is disseminated by means of the printed work.
SEXUAL OR GENITAL AREA
Genitals, anus or perineum of any person or the breast or vulva of a female.
A. 
No massage establishment shall operate or provide massage services within the municipality without obtaining a license from the Clerk of the Borough of Hawthorne. The license is specific to massage establishments and is independent from any certificate of occupancy or approval for the use of any premises as a massage establishment.
B. 
Any person seeking to obtain a license to operate a massage establishment within the municipality must provide the following:
(1) 
A complete application, as provided by the Clerk of the Borough of Hawthorne, accompanied by an application fee in the amount of $2,000.
(2) 
The names, addresses, dates of birth and social security numbers for each person having an ownership interest in the massage establishment.
(3) 
The names, addresses, dates of birth and social security numbers for each massage therapist who will provide massage services for the massage establishment.
(4) 
A copy of a valid certification or license issued by the New Jersey Board of Massage and Bodywork Therapy for each massage therapist who will provide massage services for the massage establishment.
(5) 
A copy of a driver's license, passport or other government-issued photograph identification for each person having an ownership interest in the massage establishment. The copy shall be in color and of such quality so that the owner is readily identifiable from the photograph.
(6) 
A copy of a driver's license, passport or other government-issued photograph identification for each massage therapist providing massage services for the massage establishment. The copy shall be in color and of such quality so that the massage therapist is readily identifiable from the photograph.
(7) 
A current photograph and fingerprinting from the Hawthorne Police Department for each person having an ownership interest in the massage establishment, together with a check made payable to the New Jersey State Bureau of Investigation to cover the cost of a criminal background investigation on each person having an ownership interest in the massage establishment. This shall be a one-time requirement, unless there is a change in ownership interest.
(8) 
Satisfactory proof of business liability insurance.
(9) 
Satisfactory proof that all applicable building, zoning, health and fire code requirements have been met and inspection certificates issued.
C. 
Every massage establishment license issued pursuant to this chapter shall expire at the end of the calendar year, unless sooner suspended or revoked, and shall be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $250 annually. Licensees shall submit an application for renewal no later than October 31 of the year prior to that requested on the application. Those failing to submit a timely renewal application shall be required to reapply as and be subject to the conditions and fees of an initial applicant. Every such establishment existing as of the date this chapter becomes effective shall, within 60 days of adoption, comply with all of the requirements of this chapter, except that the fee to be paid shall be $250.
D. 
Not more than one license shall issue for every 10,000 residents of the municipality, as determined by the most recent census. Upon adoption of this chapter, licenses shall first issue to any existing establishment operating in the municipality based upon the date a certificate of occupancy was issued.
A. 
When the application is properly completed and signed by the applicant, the original, duplicate and applicable fees shall be filed with the Borough Clerk. The Clerk shall refer the duplicate to the Chief of Police, who shall make or cause to be made an investigation and criminal background check of each person having an ownership interest in the massage establishment and of each massage therapist providing massage services for the massage establishment.
B. 
Upon completion of the criminal background investigation, the Chief of Police shall endorse the application, noting approval or disapproval, and forward the application to the Borough Clerk with supporting information. Disapproval by the Chief of Police shall be based on information disclosed by the investigation and criminal background check that indicates the issuance of the license would not be in the best interest of the public.
C. 
Upon approval by the Chief of Police, the Borough Clerk shall forward the application to the applicable Borough departments to verify that all building, zoning, health and fire code requirements have been met.
D. 
If the Chief of Police approves the application and the Borough Clerk has determined that the remaining requirements are satisfied, the Borough Clerk shall cause said license to be issued.
E. 
The massage establishment shall immediately notify the Borough Clerk of any change in ownership interest or any change in massage therapists performing massage services at the massage establishment. The information set forth in § 320-3 above shall be provided for each new owner or massage therapist. The Borough Clerk shall forward the information to the Chief of Police for investigation and criminal background check. The cost of the criminal background check shall be paid for by the applicant in advance. No massage establishment shall permit a massage therapist to perform massage services at the massage establishment until the information set forth in § 320-3 is provided to the Borough Clerk.
A. 
Every massage establishment shall display in a conspicuous place so as to be readily seen by persons entering the premises a valid massage establishment license issued by the municipality and a license or certificate for each massage therapist employed at the establishment.
B. 
Every massage establishment shall maintain on file for inspection a valid certification or license issued by the New Jersey Board of Massage and Bodywork Therapy for each massage therapist providing massage services at the premises. The file shall also contain a copy of a driver's license, passport or other government-issued photograph identification for each massage therapist providing massage services at the premises. The copy shall be in color and of such quality so that the massage therapist is readily identifiable from the photograph.
A. 
Price rates for all services offered by the massage establishment shall be prominently posted in the reception area. No services shall be offered or provided by the massage establishment or massage therapist unless specifically posted in accordance herewith.
B. 
All employees, including persons performing a massage, shall wear nontransparent outer garments, covering the sexual and genital areas.
C. 
The sexual and genital areas of patrons must be covered by towels or cloths or undergarments when in the presence of an employee or massage therapist.
D. 
No employee or patron shall touch or fondle, or offer to touch or fondle, in any manner the sexual or genital area of any person.
E. 
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. or as otherwise established by any reviewing board considering an application for zoning approval. While hours of operation may be more restrictive, they shall not be more expansive than that permitted herein.
F. 
Every massage establishment and massage therapist shall comply with the infection control precautions currently set forth at N.J.A.C. 13:37-16.8 and as may be amended from time to time.
G. 
Every massage establishment and massage therapist shall comply with the sexual misconduct provisions currently set forth at N.J.A.C. 13:37-16.12 and as may be amended from time to time.
H. 
Every massage establishment and massage therapist shall comply with the recordkeeping requirements currently set forth at N.J.A.C. 13:37-16.14 and as may be amended from time to time.
A. 
No person shall advertise or offer to provide massage-related services for compensation within the Borough of Hawthorne unless licensed as a massage establishment pursuant to this chapter.
B. 
All advertisements for massage services to be provided within the Borough of Hawthorne shall include the massage establishment's name, address and telephone number.
Once a license has been issued, any change in the location of the massage establishment premises shall be on notice and approval of the Borough Clerk. A change-of-location fee in the amount of $250 shall be paid to the Borough.
It shall be the responsibility of the owners of the massage establishment and the holder of the license for the massage establishment to ensure that all persons and massage therapists comply with the provisions of this chapter.
The Borough Police Department, Board of Health, Fire Marshal, Construction Officer, Zoning Officer and Code Enforcement Officer may make inspections of any and all parts of the massage establishment to ensure compliance with the provisions of this chapter, the Borough Code, and laws and administrative codes of the State of New Jersey on no less than an annual basis and shall be permitted to perform spot inspections without need of obtaining any approval of the operator of the business or an administrative search warrant.
A. 
The Borough Clerk may revoke the license of a massage establishment for any of the following reasons:
(1) 
The massage establishment violates or fails to comply with any provisions of this chapter, the Borough Code, or laws and administrative codes of the State of New Jersey.
(2) 
Any person or massage therapist employed by the massage establishment violates or fails to comply with any provisions of this chapter, the Borough Code or laws and administrative codes of the State of New Jersey.
(3) 
Anyone with an ownership interest in the massage establishment is convicted of a criminal or quasi-criminal offense related to the massage establishment business or any sex-related offense.
(4) 
Any person or massage therapist employed by the massage establishment is convicted of a criminal or quasi-criminal offense related to the massage establishment business or any sex-related offense.
(5) 
The massage establishment is engaged in the practice of massage under a false or assumed name or is using the name of a licensed massage therapist not associated with the massage establishment.
(6) 
The massage establishment employs or permits any person without a valid certification or license from the New Jersey Board of Massage and Bodywork Therapy to provide massage services for the massage establishment.
B. 
The Borough Clerk shall cause a notice of license revocation to be issued to the licensee, at the licensee's most recent address on file, that the license has been revoked. Within 10 days of the delivery of said notice, the applicant may appeal to the Borough Council to reinstate the license. The filing of such notice shall not stay any revocation of the license for the premises. The Borough Council shall hold a hearing within 90 days of receipt of a notice of appeal. Once the ten-day appeal period has passed, or if upon appeal to the Borough Council the license revocation is upheld, the massage establishment or individual will be barred from providing massage services within the Borough for a period of five years.
A. 
The annual renewal fee of $250 and application for a massage establishment shall be submitted to the Borough Clerk by October 31 of the current year.
B. 
From the date of original issuance, each licensee shall be subject to periodic criminal background investigations by the Police Department.
A. 
The requirements of this chapter shall have no application and effect upon any physician, surgeon, chiropractor, osteopath, nurse, nurse practitioner, physicians' assistant, or physical therapist duly licensed to practice such professions in this state.
B. 
The requirements of this chapter shall not apply to any school certified to teach massage by the New Jersey Department of Education.
C. 
All existing establishments operating at the time of adoption of this chapter shall have 60 days from such date to make application for the license called for hereunder.