[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 11-13-2017 by Ord. No. 2017-10. Amendments noted where applicable.]
The purpose of this chapter is to insure the health and safety of all persons involved in massage businesses and establishments within the Borough.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any and all persons, other than the massage practitioners, who work at a massage establishment, who receive compensation directly from the permittee and who have no physical contact with the customers and clients.
- LICENSED MASSAGE AND BODYWORK THERAPIST
- A person licensed to practice massage and bodywork therapies pursuant to the provisions of P.L. 1999, c. 19 (N.J.S.A. 45:11-53 et seq.), and P.L. 2007, c. 337 (N.J.S.A. 45:11-68 et seq.).
- Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in this chapter. This includes any establishment engaged in or carrying on any of the activities mentioned in this chapter. This includes any establishment engaged in or carrying on or permitting any combination of massage and bathhouse.
- MASSAGE PRACTITIONER(S)
- Any person, including a trainee, who, for any consideration whatsoever, engages in the practice of massage as herein defined, including but not limited to subcontractors, subtenants or temporary employees.
- 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 establishment and out-call massage service.
No person shall engage in or carry on the business of massage unless he or she has a valid massage establishment permit issued by the Borough of Alpha pursuant to the provisions of this chapter for each and every separate office or place of business.
Every applicant for a permit to maintain, operate or conduct a massage establishment including out-call massage services shall file a complete application with the Clerk's office upon a form provided by said office, and pay an annual filing fee as follows:
All fees are nonrefundable.
If at any time after the initial permit is granted additional massage practitioners begin providing services at the massage establishment, all of the information required herein must be submitted to the Clerk within 10 days and the additional fee paid.
Any person desiring a massage establishment permit shall file a written application with the Borough Clerk's office on a form to be furnished by the Borough. The applicant shall accompany the application with a tender of the correct fee set forth in § 260-4 above and shall, in addition, furnish the following:
The type of ownership of the business, i.e., whether individual, partnership, corporation, limited liability corporation, or otherwise.
The name, style and designation under which the business or practice is to be conducted.
The business address and all telephone numbers where the business is to be conducted.
A complete list of the names, residence addresses and emergency telephone numbers of all massage practitioners and employees in the business and the name, residence addresses and emergency telephone numbers of the manager or other person principally in charge of the operation of the business.
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 or managing agent if the applicant is a corporation, concerning the partners, including limited partners. If the applicant is a partnership, the manager or other person principally in charge of the operation of the business, and all massage practitioners and employees:
The name, complete residence address and residence/emergency telephone number.
The two previous addresses immediately prior to the present address of the applicant.
Written proof of age.
Height, weight, color of hair and eyes and sex.
Two front-face portrait photographs taken within 30 days of the date of the application and two inches by two inches in size.
The massage or similar business history and experience, including but not limited to whether or not such person has previously operated in this or another borough 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 for denial, suspension or revocation.
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 fingerprint and criminal background check by the Police Department. A fee of $50 shall be paid for each massage practitioner and employee.
A diploma, certificate or other written proof of graduation from a recognized school by the person who shall be directly responsible for the operation and management of the massage business. A true copy of a certificate of certification, issued by the Massage, Bodywork and Somatic Therapy Committee of the New Jersey Board of Nursing pursuant to P.L. 1999, c. 19 (N.J.S.A. 45:11-53 through 45:11-67), for each massage practitioner to be employed at the massage establishment.
Authorization for the Borough and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.
A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the Borough.
No massage establishment shall be issued a permit to be operated, established or maintained in the Borough unless an inspection by the Construction Official and Fire Inspector reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the New Jersey Uniform Construction Code.
All massage tables, bathtubs, shower stalls or bath areas and floors shall have surfaces which may be readily disinfected.
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 premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
Closed cabinets shall be 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 shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.
Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for half of the water closets for the male patrons after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
The premises shall be equipped with a service sink for custodial services.
The premises shall meet the building code and fire code of the Borough, and all other applicable laws and regulations.
The Health Officer, the Construction Official or the Fire Inspector shall certify that the proposed massage establishment complies with all the requirements of this chapter and shall send such certification to the Clerk.
The Clerk, upon receiving an application for a massage establishment permit, shall refer the application to the Construction Official, the Fire Department, the Police Department and the Borough Land Use Board/Planning Department, which departments shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendation to the Clerk and/or governing body concerning the laws and codes that they administer.
The Clerk may issue a permit within 14 days following receipt of a completed application and the certifications set forth in §§ 260-6 and 260-7 above, if all requirements for a massage establishment described in this chapter are met unless he finds that:
The correct permit fee has not been tendered to the Borough and, in the case of a check or bank draft, honored with payment upon presentation.
The operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the building, zoning and health regulations.
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the Borough in conjunction therewith.
The applicant has had a massage business, massage practitioners or other similar permit or license denied, revoked or suspended for any of the above causes by the Borough or any other state or local agency within five years prior to the date of the application.
The applicant, if an individual, any of the officers and directors or managing director, if the applicant is a corporation or limited liability corporation, any of the partners, including limited partners, 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.
The applicant, if an individual, any of the stockholders holding more than 10% of the stock of the corporation, or any of the officers or directors or managing directors if the applicant is a corporation, or any of the officers or directors if the applicant is a corporation, any of the partners, including limited partners, 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 a felony, an offense involving sexual misconduct with children, prostitution, soliciting for purpose of prostitution, pandering, keeping a place of prostitution, any crime involving dishonesty, fraud or deceit or other offenses opposed to decency and morality.
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
All employees, including massage practitioners and employees, shall be clean and wear clean, nontransparent outer garments. A separate dressing room for each sex must be available on the premises, and each dressing room shall contain a tub or shower in good working order and individual lockers for each employee and customer. Doors to such dressing rooms shall open inward and shall be self-closing.
All massage 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.
The genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage practitioner.
It shall be unlawful for any person knowingly, in a massage establishment, to place his or her hand upon or to touch with any part of his or her body, to fondle in any manner or to massage a genital area of any other person.
No massage practitioner, employee or operator shall perform, offer or agree to perform any act which would require the touching of the patron's sexual or genital area.
All massage practitioners and employees shall refrain, under all circumstances, from initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a client, even if the client attempts to sexualize the relationship.
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 after each use. When carpeting is used on the floors, it shall be kept dry.
Oils, creams, lotions and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
Eating in the massage work areas shall not be permitted. Animals, except for Seeing Eye dogs, shall not be permitted in the massage work area.
Each massage practitioner shall wash his or hands in hot running water, using a proper soap or disinfectant, before administering a massage to each patron.
Insurance. All massage practitioners and massage establishments shall maintain and post proof of 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 Business Administrator within 10 days of the issuance of the permit set forth in § 260-8 above.
Hours of operation. The hours of operation for all licensed business shall be between 7:00 a.m. and 10:00 p.m.
All premises used by permittees hereunder shall be subject to periodic inspections by the Health Department of the County of Warren and Building Department or their authorized representatives for safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The walls shall be clean and painted with washable mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linen and items for the personal use of operators and patients shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets, provided that such paper is changed for every patron. No massage service or practice shall be carried on within any cubicle, room or booth or any area within a massage establishment which is fitted with a door capable of being locked.
Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof.
Any permit issued for a massage establishment or out-call massage service may be revoked or suspended by the Borough after a hearing, for good cause or in any case where any of the provisions of this chapter are violated, or where any employee or the permittee, including a massage practitioner, is engaged in any condition which violates any of the state or local laws or ordinances at the permittee's place of business, and the permittee has actual or constructive knowledge of such violations, or the permittee should have actual or constructive knowledge by due diligence or any duly authorized police officer or health inspector of the Borough of Alpha to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Borough, upon the direction of the Clerk or other Borough official so designated, that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers, or without due regard to proper sanitation and hygiene.
The operator of a massage establishment or an out-call massage service must maintain a register of all persons employed as massage practitioners and their permit numbers. Such register shall be available for inspection at all times during regular business hours.
The permit holder shall be responsible for all actions which occur on the premises whether by massage practitioners, employees, subcontractors, or other persons on the premises.
All massage establishments shall post their massage establishment permit in the hallway entrance in a conspicuous location at all times.
The County Health Department, the Police Department and the Fire Department shall, from time to time, at least once a year, announced or unannounced, make an inspection of each massage establishment granted a permit under the provisions of this chapter 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. It shall be unlawful 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 advanced written permission of his or her parent, caregiver or guardian or a parent, caregiver or guardian must be 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 licensed premises.
It shall be unlawful for any person to massage any other person or give or administer any of the other things mentioned in this chapter or which violate any municipal law, state law or ordinance. Any violation of this chapter shall be deemed grounds for revocation of the permit granted hereunder.
Any massage practitioner engaged in massage at an unlicensed massage establishment shall be guilty of a violation of this chapter.
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 establishment permits are not transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein for the location specified therein only.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
In the office of a licensed physician, chiropractor, physical therapist or licensed massage and bodywork therapist.
In a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors, physical therapists and/or licensed massage and bodywork therapists.
By any licensed physician, chiropractor, physical therapist or licensed massage and bodywork therapist in the residence of his or her patient.
All persons who presently operate a massage establishment must apply for a permit within one month of the effective date of this chapter. Applications for renewal of permits must be filed not more than two months nor less than one month prior to termination of an existing permit.
Any person violating any of the provisions of this chapter shall, upon conviction, be liable for a penalty as stated in Chapter 1, § 1- 9 of the Alpha Borough Code.