[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.
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.
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.
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.
A.
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:
B.
All fees are nonrefundable.
C.
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:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation, limited liability corporation, or otherwise.
B.
The name, style and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers where the business
is to be conducted.
D.
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.
E.
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:
(1)
The name, complete residence address and residence/emergency telephone
number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front-face portrait photographs taken within 30 days of the date
of the application and two inches by two inches in size.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
A.
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:
(1)
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.
(2)
All massage tables, bathtubs, shower stalls or bath areas and floors
shall have surfaces which may be readily disinfected.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
The premises shall be equipped with a service sink for custodial
services.
(9)
The premises shall meet the building code and fire code of the Borough,
and all other applicable laws and regulations.
B.
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:
A.
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.
B.
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.
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 Borough in conjunction therewith.
D.
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.
E.
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.
F.
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.
A.
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
B.
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 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.
D.
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.
E.
The genital area of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage practitioner.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Oils, creams, lotions and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
K.
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.
L.
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.
M.
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.
N.
Hours of operation. The hours of operation for all licensed business
shall be between 7:00 a.m. and 10:00 p.m.
A.
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.
B.
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.
A.
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.
B.
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:
A.
In the office of a licensed physician, chiropractor, physical therapist
or licensed massage and bodywork therapist.
B.
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.
C.
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.
