[HISTORY: Adopted by the Board of Health of the Township
of Morris 12-17-2008 by Ord. No. 32-08 (Ch. 109 of the 1969 Code). Amendments
noted where applicable.]
The following terms, words, and phrases, when used in this chapter,
shall have the meanings ascribed to them pursuant to N.J.S.A. 45:11-53,
Massage and Bodywork Therapist Licensing Act: "massage and bodywork
therapies," "massage and bodywork therapist" and "massage and bodywork
therapy establishment."
A.
Massage and bodywork therapy establishment permit required. No person,
firm or corporation shall operate any establishment or utilize any
premises in the Township of Morris as or for a massage and bodywork
therapy establishment unless or until there has first been obtained
a permit for such establishment or premises from the Township of Morris
in accordance with the terms and provisions of this section.
B.
Massage and bodywork therapist's permit required. No person
shall practice massage or related therapies as a massage or bodywork
therapist, employee or otherwise unless he or she has a valid and
subsisting massage and bodywork therapist's permit issued to
him or her by the Township of Morris pursuant to the terms and provisions
of this chapter.
Any person desiring a massage and bodywork therapy establishment
permit shall file a written application with the Board of Health upon
a form to be furnished by the Health Department. 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,
where business is to be conducted.
D.
A complete list of the names and residence addresses of all massage
and bodywork 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 and bodywork 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, and P.L. 2007, c. 337.[1]
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
F.
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:
(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)
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.
(7)
All criminal convictions, fully disclosing the jurisdiction in which
convicted and the offense for which convicted and the circumstances
thereof. The applicant shall execute a waiver and consent to allow
a fingerprint and criminal background check by the Township Police
Department. Fees associated with the criminal background check will
be consistent with the fee schedule established by the State of New
Jersey and payable to State of New Jersey SBI. Failure to execute
such a waiver and consent shall result in a denial of a permit. An
establishment permit shall be denied to any person who has been convicted
of any crime or disorderly person's offense, other than traffic
violations.
(8)
The names and addresses of three adult residents of the State of
New Jersey who will serve as character references. These references
must be persons other than relatives and business associates.
Every applicant for a permit to maintain, operate or conduct
a massage and bodywork therapy establishment shall pay an annual nonrefundable
fee of $500, which permit fee shall become due on the first day of
January each year.
The Department of Health, upon receiving an application for
a massage and bodywork therapy establishment permit, shall refer the
application to the Building Department, Zoning Officer, Fire Department,
Police Department and Planning Board, and they shall inspect the premises
proposed to be operated as such an establishment and shall make written
recommendation to the Division of Licensing and Permits concerning
compliance with the codes that they administer. No massage and bodywork
therapy establishment shall be issued a permit or be operated, established
or maintained in the Township unless an inspection by the Health Officer,
Zoning Officer, Building Inspector and Fire Inspector reveals that
the establishment complies with the minimum requirements of the building
and health codes and zoning ordinances for businesses operating in
the Township of Morris. In addition, the establishment must comply
with each of the following minimum requirements:
A.
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces that shall be constructed of nonabsorbent,
easily cleanable, smooth and nonporous materials which may be readily
disinfected and shall be maintained in a sanitary condition and regularly
cleaned and disinfected.
B.
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
The exterior door to such rooms shall be labeled to identify it as
male or female.
C.
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.
D.
Adequate hand-washing facilities shall be provided in each operating
area at convenient locations, as necessary, to maintain clean hands
and arms of all employees during hours of operation. Hot and cold
water, liquid and powder soap and paper towels shall be provided at
all times.
E.
A utility sink or curbed cleaning facility shall be provided for
cleaning janitorial equipment and custodial services. Hot and cold
water must be provided at the sink.
A.
The applicant for a permit as a massage and bodywork therapist shall
be of good moral character and submit to the Health Department a written
copy of the current license as a massage and bodywork therapist. These
requirements are contained within N.J.S.A. 45:11-60, as the same may
from time to time be amended, and also in accordance with N.J.A.C.
13:37A-2.1 et seq.[1]
B.
The following personal information concerning the applicant 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)
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.
(7)
All criminal convictions, 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 the Township Police Department. Fees
associated with the criminal background check will be consistent with
the fee schedule established by the State of New Jersey and payable
to State of New Jersey SBI. Failure to execute such a waiver and consent
shall result in a denial of a permit. A therapist permit shall be
denied to any person who has been convicted of any crime or disorderly
person's offense, other than traffic violations.[2]
(8)
The names and addresses of three adult residents of the State of
New Jersey who will serve as character references. These references
must be persons other than relatives and business associates.
The applicant for a massage and bodywork therapist's permit
shall pay an annual nonrefundable permit fee of $100, which permit
fee shall become due on the first day of January each year.
A.
Permits issued under this chapter may be revoked by the Health Officer,
after notice and a hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the permit.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Township.
(3)
Any violation of this chapter.
(4)
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.
(5)
Conducting the permitted 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 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 permit holder at his/her last known address
at least five days prior to the date set for the hearing.
C.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days by the Health Officer if, in his/her opinion,
the conduct of the permit holder is detrimental to the health, safety
and general welfare of the Township of Morris.
D.
The Health Officer shall serve as hearing officer for any hearing
pursuant to this section.
Every massage and bodywork therapy establishment shall comply
with the following:
A.
Every portion of the massage and bodywork therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B.
The permit/license, together with the price rates for all services,
shall be prominently posted in the reception area in a location available
to all prospective customers.
C.
All employees, including massage and bodywork 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.
D.
All massage and bodywork 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
matter in a receptacle with tight-fitting lids.
E.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
and bodywork therapist.
F.
It shall be unlawful for any person to knowingly, in a massage and
bodywork therapy establishment, 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 and bodywork
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.
G.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities and surfaces shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor cabinets and shower compartments and toilet
rooms shall be thoroughly cleaned after each use. When carpeting is
used on the floors, it shall be kept dry, clean and sanitary.
H.
Oils, creams, lotions and other preparations used in administering
massage and body work therapies shall be kept in clean, closed containers
or cabinets.
I.
Animals, except for Seeing Eye dogs or other service animals, shall
not be permitted in the massage work area.
J.
Each massage and bodywork therapist shall wash his or her hands in
hot running water, using a proper soap or disinfectant, before administering
a massage and bodywork therapy to a patron.
K.
All parts of the premises shall be free of vermin.
L.
Massage and bodywork therapists shall not diagnose or treat medical
conditions or prescribe medicines or drugs or practice spinal manipulation.
M.
Any patron under the age of 18 years must be accompanied by a parent
or guardian.
The Department of Health, the Police Department and/or the Building
Department shall, from time to time, at least twice a year, make an
inspection of each massage and bodywork 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 permit holder to fail to allow
such inspection officers access to the premises or to hinder such
officer in any manner.
No part of any quarters of any massage and bodywork therapy
establishment shall be used for or connected with any bedroom or sleeping
quarters, nor shall any person sleep in such massage and bodywork
therapy establishment, except for a limited period incidental to and
directly related to a massage and bodywork therapy treatment or bath.
This provision shall not preclude the location of a massage and bodywork
therapy establishment in separate quarters of a building housing a
hotel or other separate businesses or club.
A.
No owner or manager of a massage and bodywork therapy establishment
shall suffer or allow in his or her establishment any activity or
behavior prohibited by this chapter or 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 section.[1]
B.
Any conviction of any employee of a massage and bodywork 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 establishment shall be prosecuted
as an accessory to such violation, and the permits which have been
issued shall be automatically revoked.
C.
Alcoholic beverages and controlled dangerous substances shall not
be distributed, possessed or consumed on the premises.
A.
The provisions of this chapter shall not apply to massage and bodywork
therapies given:
(1)
In the office of a licensed physician, chiropractor or physician
therapist;
(2)
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists;
(3)
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
(4)
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.
B.
Exceptions shall also be made for students enrolled in accredited
schools of massage and bodywork therapy that, as a school requirement,
must practice such therapy as part of the establishment's educational
curriculum under the direct supervision of school personnel, and provided
they receive no monetary compensation.
A.
Residential zoned property: not permitted.
B.
Business zoned property. Normal office operation, unless otherwise
approved by the Planning Board, shall be limited to a maximum of 44
hours per week and shall occur only between the hours of 8:00 a.m.
to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on
Saturday. No office hours shall be permitted on Sunday.
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 thereof, be punished by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 90 days,
or both, in the discretion of the court.
