[HISTORY: Adopted by the Board of Health of the Township
of Montville 11-14-2012 by Ord. No. BOH-2012-01; amended in its
entirety 11-14-2016 by Ord. No.
BOH-2016-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fee schedule — See Ch. 169.
The following words, terms and phrases, as used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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, bodywraps,
the use of moist hot and cold external applications, external applications
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage and bodywork 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 et seq.
Any individual or entity that employs another person to engage
in providing massage, bodywork or somatic therapy.
Any establishment wherein massage and/or bodywork therapies
are administered or are permitted to be administered, when such therapies
are administered for any form of consideration.
A.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Township of Montville as or for a massage,
bodywork or somatic therapy establishment unless or until there has
first been obtained a permit for such establishment or premises from
the Township of Montville Health Department in accordance with the
terms and provisions of this section.
B.
No person shall in the Township of Montville practice massage or
related therapies as a massage, bodywork or somatic therapist, employee
or otherwise, unless he or she has a valid and subsisting massage
and bodywork therapist's license issued to him or her by the
New Jersey Board of Massage and Bodywork Therapy pursuant to the terms
and provisions of the Massage and Bodywork Therapist Certification
Act, N.J.S.A. 45:11-53 et seq.
C.
No person or entity shall employ a massage, bodywork, or somatic
therapist as an employee, unless the employee has a valid and subsisting
New Jersey Board of Massage and Bodywork Therapy therapist's
license.
D.
No person or entity shall employ a massage, bodywork, or somatic
therapist as an employee, unless that person or entity has a valid
and subsisting New Jersey Board of Massage and Bodywork Therapy employer's
registration.
A.
Any person desiring a massage, bodywork or somatic therapy establishment
permit shall file a written application with the Montville Township
Health Department upon a form to be furnished by the Health Department.
All permit applications are subject to administrative review by the
Health Department prior to being presented to the Board of Health
for review and approval. The completed application form shall contain
at a minimum the following information:
(1)
The business name and type of ownership of the business, i.e., whether
individual, partnership, corporation or any other form of business
organization.
(2)
The trade name, style and designation under which the business is
to be conducted.
(3)
The address where the establishment will be located, all telephone
numbers, including facsimile, where the business is to be conducted,
and email address for the applicant.
(4)
A list and full description of all massage, bodywork and somatic
therapy services to be offered.
(5)
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 owner, manager or other person
principally in charge of the business. It shall be the responsibility
of the permit-holder to maintain an updated employee list and provide
the same to the Health Department. The Health Department shall be
notified in writing within seven days, transmitted by regular mail,
email, or facsimile, of any and all changes to the employee list.
The employee list shall be made available during all inspections of
the establishment.
(6)
A sworn statement attached to the employee list required above 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, N.J.S.A. 45:11-53
et seq.
(7)
Written verification from a physician licensed to practice in the
State of New Jersey for each therapist to be employed at the establishment
showing that the therapist has been examined by the physician and
found at the time of the examination to be free of any contagious
or communicable disease that would disqualify the applicant from performing
massage, bodywork, and somatic therapy, and showing that the examination
was conducted within 30 days prior to the submission of the application.
Such written verification must be submitted to the Health Department,
transmitted by regular mail, email, or facsimile, for each new therapist
to be employed at the establishment, prior to the start of their employment
at the establishment.
(8)
A written disinfection plan for all linens, towels, and reusable
instruments used by the establishment, and all surfaces within the
establishment.
(9)
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:
(a)
The applicant name, complete residence address, residence telephone
number, and email address.
(b)
The two previous residence addresses immediately prior to the
present residence address of the applicant.
(c)
A copy of a current driver's license or other government-issued
photo identification.
(d)
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.
(e)
The massage, bodywork or somatic therapy or similar business
history and experience, including, but not limited to, whether or
not such person has previously operated or is currently operating,
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.
(f)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof.
B.
In addition to the completed application, the applicant, who shall
be a principal of the business, may be required to submit additional
documentation, including, but not limited to, a sketch, floor plan,
building layout, diagram, zoning permit and/or certificate of occupancy
as applicable to the application.
C.
In addition to the completed application, the applicant shall provide
proof of general liability insurance, coverage of which shall conform
to industry standards. This insurance policy shall be maintained at
all times by the establishment.
D.
In addition to the completed application, the applicant shall execute
a waiver and consent to allow a fingerprint and criminal background
check by the Montville Township Police Department. Upon filing an
application for a permit with the Health Department, the applicant
shall respond to the Montville Township Police Department's Records
Bureau with a current and valid driver's license or other government-issued
photograph identification. The applicant shall be photographed and
be provided with a fingerprint form from a fingerprint vendor authorized
by the State of New Jersey. The applicant, at the applicant's
expense, shall respond to the authorized fingerprint vendor's
location for a fingerprint check. Upon receipt of the results of the
fingerprint check and subsequent criminal history check, the Montville
Township Police Department shall notify the Health Department of those
results. The Health Department shall then notify the applicant of
those results.
E.
In addition to the completed application, the applicant shall provide
proof of ownership of the property where the establishment will be
operated, or provide a copy of the signed lease agreement for the
property location where the proposed massage, bodywork, or somatic
therapy establishment will be operated. The applicant must be listed
as the lessee on the lease agreement.
F.
All changes in ownership of 10% or more, whether personal or incorporated,
shall be reported to the Health Department, transmitted by regular
mail, email, or facsimile, within 10 days of such change occurring.
G.
The Board of Health may refuse, after notice, to grant a permit.
Reasons for refusing to grant a permit include, but are not limited
to, the following:
(1)
Fraud, misrepresentation, false statement, or omission of any required
information in the application for the establishment permit.
(2)
The conviction of an employee of the establishment for a crime or
disorderly person offense involving moral turpitude.
(3)
The conviction of an owner/operator, manager, or any employee for
a crime or disorderly person offense involving moral turpitude, a
felony, an offense involving sexual misconduct, keeping or residing
in a house of prostitution, or any crime involving dishonesty.
(4)
Failure to execute a waiver and consent to allow a fingerprint and
criminal background check by the Montville Township Police Department.
A.
The Health Department, upon receiving Board of Health approval of
an application for a massage, bodywork and somatic therapy establishment
permit, shall refer the application to the Building Department, Fire
Department, Police Department, Zoning Department, and Planning Department
and any other Department deemed necessary by the Health Department.
Such departments shall make written recommendations to the Health
Officer or their designee and any or all other departments concerning
compliance of the establishment with all applicable municipal and
state codes.
B.
No massage, bodywork, or somatic therapy establishment permit shall
be issued until and unless the establishment satisfactorily passes
inspections by the Health Officer or their designee, the Construction
Code Official, the Fire Official, or any other Township official deemed
necessary by the Health Department.
C.
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 have nonporous surfaces which may be readily sanitized,
and shall be maintained in a sanitary condition and regularly cleaned
and sanitized by a method approved by the Health Department.
(2)
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.
(3)
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.
(4)
Each massage, bodywork, and somatic therapy area/room shall be equipped
with a hand-wash sink supplied with soap, paper towels, hot and cold
running water, and waste receptacle. Soap and paper towel dispensers
shall be securely affixed to a solid surface such as a wall or countertop.
Common towels are prohibited.
(5)
All restrooms must be provided with a toilet, a supply of toilet
paper, a hand-washing sink, a wall-mounted soap dispenser, a wall-mounted
paper-towel dispenser, and signs posted prominently in a conspicuous
area with the following language verbatim: "Employees must wash hands
after using the restroom." All restrooms and fixtures contained therein
shall be functional, in good repair, and maintained in a sanitary
condition at all times.
(6)
Each massage, bodywork, and somatic therapy area and/or room shall
be equipped with an adequate area for clients to store clothing and/or
personal items during therapy sessions.
(7)
The public entrance to the establishment and any door leading to
areas wherein rooms or areas in which massage, bodywork, or somatic
therapy work areas are located shall remain unlocked while the establishment
is open for business. Remote locking/unlocking systems and/or intercom
systems to permit entry into the establishment are prohibited.
A.
Permits granted under this chapter are only valid to the applicant
and address to whom it was granted, and are not transferable in any
way. A new permit must be obtained in the event of the sale or other
transfer of the establishment.
B.
Every application for a permit to maintain, operate, or conduct a massage, bodywork and somatic therapy establishment must be accompanied by the permit fee as set forth in Chapter 169, Fee Schedule.
C.
All permits issued under this chapter shall expire each year on December
31, unless sooner suspended or revoked.
D.
All permits issued under this chapter are subject to a late fee of
$50 for failure to renew the permit with payment by January 15 of
each calendar year.
E.
All permits are subject to immediate suspension and closure as described in § 421-6 for failure to renew the permit with the full permit fee by January 31 of each year.
F.
Should a reinspection of a massage establishment become required as determined by the Health Officer or their designee because of violations observed during an initial inspection, a reinspection fee of $250 shall be charged to the establishment for each subsequent re-inspection, until all violations have been abated. The reinspection fee must be paid by the establishment to the Health Department within 10 business days of the date the reinspection fee was issued. All permits are subject to immediate suspension and closure as described in § 421-6 for failure to remit the reinspection fee in full within 10 business days of the date the reinspection fee was issued.
G.
If any violations found are determined by the Health Officer or their designee to be repeat violations for any inspection of the establishment conducted within the previous two years, then a repeat violation penalty of $150 shall be charged to the establishment for each such repeat violation. The penalty must be paid by the establishment to the Health Department within 10 business days of the date the repeat violation penalty was issued. All permits are subject to immediate suspension and closure as described in § 421-6 for failure to remit the repeat violation penalty in full within 10 business days of the date the reinspection fee was issued.
The Department of Health, and the Fire Department, shall, from
time to time, at least once each year, make an inspection of each
massage, bodywork and somatic therapy establishment granted a permit
under the provisions of this chapter, for the purpose of determining
whether the provisions of this section and/or applicable rules, regulations,
ordinances, and laws are being complied with. Such inspections shall
be made at reasonable times and in a reasonable manner. It shall be
unlawful for any massage, bodywork, or somatic therapy establishment
or employee thereof to fail to allow such inspection officer access
to the premises or to hinder such officer in any manner.
A.
All massage, bodywork and somatic therapy establishments shall display
the permit issued under this chapter prominently in an open and conspicuous
place on the premises of the establishment near the public entrance.
B.
The State license of each and every massage, bodywork, and somatic
therapist employed in the establishment must be posted prominently
in an open and conspicuous area on the premises of the establishment
near the public entrance. A two-inch-by-two-inch passport sized color
photograph of each licensed therapist must be affixed to the displayed
license of each and every massage, bodywork and somatic therapist
employed by the establishment.
C.
Each and every massage, bodywork and somatic therapist employed in
the establishment shall have in their possession at all times while
on the premises government-issued photograph identification, and said
identification must be available for review.
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
A.
Every portion of the establishment, including appliances and apparatus,
shall have surfaces which can be readily disinfected, and which must
be maintained in a clean and operated in a sanitary condition.
B.
The establishment shall have separate rooms for conducting massage,
bodywork, and somatic therapies. Each room shall have floor-to-ceiling
walls and a closable door.
C.
Each room of the establishment in which massage, bodywork, or somatic
therapy is conducted shall have a functional hand-washing sink, provided
with hot and cold running water, wall-mounted soap dispenser, and
wall-mounted paper-towel dispenser.
D.
Each room of the establishment in which massage, bodywork, or somatic
therapy is conducted shall have an adequate area within the room for
clients to store personal items during therapy sessions.
E.
With the exception of guide animals, hearing animals, and service
animals, no animals shall be permitted in the establishment.
F.
Price rates for all services shall be prominently posted in an open
and conspicuous area on the premises of the establishment near the
public entrance.
G.
A written exclusion policy shall be kept on the premises stating
that the establishment shall not knowingly serve any patron infected
with any fungus or other skin infections, nor perform any service
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with massage, bodywork, or somatic therapy prescribing the
conditions thereof. This written exclusion policy shall be prominently
posted in an open and conspicuous area on the premises of the massage,
bodywork and somatic therapy establishment near the public entrance.
H.
Client intake records must be kept for each and every client who
receives services from the massage, bodywork, and somatic therapy
establishment. These intake records must be stored on the premises,
and must be available for review by the Health Department and Police
Department for a period of not less than seven years of the date that
the service was performed. These intake records shall include an intake
form filled out by each client to include at a minimum:
I.
Client service records must be kept for each and every client who
receives services from the massage, bodywork, and somatic therapy
establishment. These service records must be stored on the premises,
and must be available for review by the Health Department and Police
Department for a period of not less than seven years of the date that
the service was performed. These service records shall include a service
form filled out by the therapist, to include at a minimum:
J.
The establishment shall post signage specifying the age restriction
of patrons and the client record-keeping requirements in English,
prominently in an open and conspicuous area on the premises of the
establishment near the public entrance.
K.
The written disinfection plan submitted with the permit application
for the establishment shall be kept on the premises and available
for review by the Health Department at all times. The employees of
the massage, bodywork, and somatic therapy establishment shall demonstrate
understanding of and compliance with the written disinfection plan
to the Health Department at all times. The establishment shall comply
with all parts of the written disinfection plan at all times.
L.
All employees, including massage, bodywork and somatic therapists,
shall wear nontransparent outer garments. Dressing rooms must be available
on the premises of the establishment. Doors to such dressing rooms
shall be self-closing.
M.
All massage, bodywork and somatic therapy establishments shall be
provided with clean linens (including, but not limited to, laundered
sheets and towels) in sufficient quantity which shall be laundered
after each use thereof and stored in a sanitary manner. All linens
shall either be laundered on the premises of the establishment with
properly functioning commercial-grade washer and drying appliances,
or shall be laundered by a professional linen supply service, the
contract of which shall be made available to the Health Department
for review at any time.
N.
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.
O.
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 rooms or steam or vapor cabinets and shower
compartments and toilet rooms shall be thoroughly cleaned and sanitized
each day the business is in operation. Bathtubs and showers shall
be thoroughly cleaned and sanitized each day the business is in operation.
Bathtubs and showers shall be thoroughly cleaned and sanitized after
each use. When carpeting is used on the floors, it shall be kept dry,
clean and sanitary.
P.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be from an approved
source and kept in clean closed containers that dispense individual
portions of the material in a sanitary manner that prevents contamination
of the remaining contents of the container.
Q.
Each massage, bodywork and somatic therapist shall wash his or her
hands and arms up to and including the elbows with soap and hot running
water, prior to administering any massage, bodywork, or somatic therapy
to each client.
R.
All massage, bodywork, and somatic therapy establishments and employees
thereof shall at all times provide access to a sanitary restroom for
patrons of the establishment.
S.
If ordered closed by the Health Department, the massage, bodywork,
and somatic therapy establishment must immediately cease operations
and close to the public, and must remain closed to the public and
may not resume operations until the order to close is lifted by the
Health Department.
T.
Massage, bodywork, and somatic therapy establishments may only operate
each day between the hours of 7:00 a.m. and 10:00 p.m.
U.
The massage, bodywork, and somatic therapy establishment shall observe
and conform to all applicable rules, regulations, and prohibitions
set forth by the New Jersey Board of Massage and Bodywork Therapy.
A.
No owner of a massage, bodywork, or somatic therapy establishment
or any employee thereof shall tolerate in any massage, bodywork, or
somatic therapy establishment any activity or behavior prohibited
by 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 related to the commission of sodomy, adultery and proscribing
fornication, nor shall any owner or employee tolerate in any massage,
bodywork, or somatic therapy establishment tolerate any activity or
behavior which violates this section.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of such establishment,
to the extent that it constitutes sufficient cause for the suspension
or revocation of the establishment's permit.
C.
The owner, manager, or any employee of the massage, bodywork, or
somatic therapy establishment shall not permit the following upon
the premises:
(1)
The presence or use of table showers.
(2)
Ear candling.
(3)
Any and all procedures that involve ear picks, ear scoops, or ear
spoons.
(4)
Cupping or applying the open end of a vessel of glass or other material
onto the client's skin and utilizing a heating element to heat
the vessel.
(5)
Any activities or therapies that utilize any form of terrestrial
or aquatic animals during therapy, including, but not limited to,
fish foot spas.
(6)
Any activities or therapies that utilize animal waste or the use
of any products that contain animal waste as an ingredient.
(7)
Colon cleansing.
(8)
Electrical muscle stimulation.
(9)
Any materials, paraphernalia, or acts depicting, promoting, or associated
with sexual activity.
(10)
Controlled dangerous substances or illegal drugs.
(11)
Alcoholic beverages.
(12)
The use of any part of the establishment as sleeping quarters.
The provision shall not preclude the location of a massage, bodywork,
or somatic therapy establishment in separate quarters of a building
housing a hotel or other separate businesses or clubs.
(13)
Any owner, operator, employee or patron knowingly placing their
hand upon or touching 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, and/or any owner, manager, or employee performing or offering
to perform any act which would require the touching of any other person's
sexual or genital area.
(14)
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,
or the tolerance by the owner, manager or any employee of the establishment
any activity or behavior which violates this section.
(15)
The application of any pest control chemicals by any person
other than a commercial pesticide applicator licensed by the New Jersey
Department of Environmental Protection.
(16)
Laundering of any personal items belonging to the owner, manager
or any employee upon the premises of the establishment, or commingling
any personal items with linens laundered by a professional linen supply
service.
(17)
Storage on the premises of excessive personal items belonging
to the owner, manager, or any employee of the establishment.
(18)
Bulk food storage, cooking apparatus, or meal preparation on
the premises of the establishment.
(19)
The presence of any individual under 18 years of age, unless
accompanied by a parent or legal guardian.
(20)
Any therapy performed on any individual under 18 years of age
without the express written authorization of, and presence of, a parent
or legal guardian.
(21)
The presence upon the premises of the establishment of any therapist
infected with any fungus, skin infection, skin inflammation, skin
eruption, or any communicable disease, and/or tolerating any such
therapist to perform any massage, bodywork, or somatic therapy on
any client or other person upon the premises of the establishment.
(22)
The presence of any persons upon the premises who are not necessary
to the operation of the establishment.
(23)
Removing any signage posted by any Township Department upon
the premises of the establishment.
(24)
Placing, publishing, distributing, or causing to be placed,
published or distributed any print or electronic advertising material
that depicts any portion of the human body that would reasonably suggest
to prospective clients that any services are available other than
those therapies described in the permit application.
(25)
Indicating in text in any print or electronic advertising material
that any services are available other than those therapies included
in the permit application.
(26)
Depicting in any print or electronic advertising material any
persons dressed in such a manner or behaving in such a manner as to
suggest that they or the establishment are engaged in keeping or residing
in a house of ill repute, soliciting of a lewd or unlawful act, prostitution
or pandering.
A.
The Health Officer or their designee may at any time suspend any
permit if it finds that a subsequent health hazard or nuisance has
arisen and/or that there is a failure to comply with any part of this
chapter. Upon suspension of the permit, the establishment must immediately
cease operations, and may not resume operations until the suspension
of the permit has been lifted by the Health Department. The suspension
of a permit may only be lifted after all of the violations have been
abated to the satisfaction of the Health Officer or their designee,
all applicable fees and penalties have been remitted in full to the
Health Department, and a suspension hearing with the Health Officer
has been conducted.
B.
Should the Health Officer find, determine, or have reason to believe
that a permit should be permanently revoked, then in such event the
Health Officer or their designee shall schedule a Board of Health
meeting on the matter, and so notify the permit-holder personally,
in writing either by delivery of a copy of the notice to him or her
personally, or by mailing a copy of the notice by certified mail,
return receipt requested, of the date, time, and location of said
hearing.
C.
Upon conclusion of a Board of Health meeting on the matter, should
the Board determine that a permit should be revoked, the Board shall
then notify the permit-holder of the fact personally at the conclusion
of the meeting, or by mailing the permit-holder a copy of the written
notice of permit revocation by certified mail, return receipt requested.
D.
Any permit-holder who fails to appear at the time and place fixed
for such Board of Health hearing on the matter shall not be entitled
to any further hearing, and in that event their permit may, as a matter
of course, be forthwith revoked. The Board of Health shall notify
the permit-holder of such permit revocation by mailing the permit-holder
a copy of the written notice by certified mail, return receipt requested.
E.
Reasons for automatic suspension and/or revocation of a permit include,
but are not limited to, the following:
(1)
Fraud, misrepresentation, false statement, or omission of any required
information in the application for the permit.
(2)
Fraud, misrepresentation, false statement, or omission of any required
information made while operating the permitted business within the
Township.
(3)
Any violation of this chapter.
(4)
Conviction of the owner, manager, or any employee of the establishment
of a crime involving moral turpitude, a felony, an offense involving
sexual misconduct, keeping or residing in a house of prostitution,
and/or any crime involving dishonesty.
(5)
The owner, manager, or any employee refusing entry to any duly authorized
official from the Health Department, Police Department, Construction
Department, Fire Department, or any other authorized Township Official
to inspect the premises or operations therein.
F.
Should an establishment have their permit revoked for any reason,
at no point in the future shall the same premises be used again for
the purposes of operating another massage, bodywork, or somatic therapy
establishment.
The provisions of this section shall not apply to massage and
bodywork therapies given:
A.
In the office of a licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanatorium
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.
The Health Department and Police Department, and any other designated
official of Montville Township, shall implement, administer, and enforce
this chapter, and are hereby authorized to issue all rules and regulations
consistent with this chapter, and shall have all necessary powers
to carry out the purposes of this chapter and to enforce this chapter,
and are authorized to issue citations for any violation of this chapter.
A.
Any person, firm, or corporation, upon conviction of violation of
any of the provisions of this chapter, shall, be subject to a fine
of not less than $250 nor more than $2,000, or by imprisonment in
jail for a period of not exceeding 90 days, or both, at the discretion
of the judge imposing such fine and/or penalty.
B.
Each and every day that a violation of this chapter is found to exist
shall constitute a unique and separate violation of this chapter.
C.
Any conviction of any owner, manager, operator, or employee of a
massage, bodywork, or somatic therapy establishment of 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 shall devolve upon the owner
such establishment, it being specifically declared that the following
such conviction of an employee, manager or owner of the establishment
shall be prosecuted as an accessory to such violation and the permits
which have been issued for the establishment shall be automatically
revoked.
All ordinances or parts of ordinances inconsistent with this
within Chapter are hereby repealed to the extent of such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason deemed invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
This chapter shall take effect upon final passage in accordance
with law.
