[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 9-12-05 as Ord. No. 20-05. Amendments noted where applicable.]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
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 access 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, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, disease, impairment
or disability.
A. Massage, bodywork and somatic therapy establishment permit required.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Borough of Mount Arlington as or for a
massage, bodywork and somatic therapy establishment unless or until
there has first been obtained a permit for such establishment or premises
from the Borough of Mount Arlington in accordance with the terms and
provisions of this section.
B. Massage, bodywork and somatic therapist's permit required. No
person shall 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, bodywork and somatic therapist's
permit issued to him or her by the Borough of Mount Arlington pursuant
to the terms and provisions of this section.
Any person desiring a massage, bodywork and somatic therapy
establishment permit shall file a written application with the Board
of Health. The application form to be furnished by the Board of Health
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,
bodywork and somatic therapists and employees of the business and
the name and residence of the manager or other person principally
in charge of the operation of the business.
E. A sworn statement 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 certified by the
State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, P.L. 1999 c. 19.
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.
(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 by two (2x2) 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 thereof and the business activities or occupations subsequent
to such action or 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 Borough Police Department. 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 persons offense, other than traffic violations.
G. The names and addresses of three adult residents of the country 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, bodywork and somatic therapy establishment shall file an
application with Secretary of the Board of Health upon a form to be
furnished by said Board of Health, and pay an annual fee of $100,
which permit fee shall become due on the first day of January each
year. The Health Officer shall issue a permit upon demonstration of
compliance with chapter requirements.
The Board of Health, upon receiving an application for a massage,
bodywork and somatic therapy establishment permit, shall refer the
application to the Building Department, Fire Department, Police Department
and Zoning Officer and, shall inspect the premises proposed to be
operated as such an establishment. No massage, bodywork, and somatic
therapy establishment shall be issued a permit or be operated, established
or maintained in the borough unless an inspection by the Health Officer,
Building Inspector and Fire Inspector reveals that the establishment
complies with the minimum requirements of the Building and Health
Codes for businesses operating in the Borough of Mount Arlington.
In addition, the establishment must comply with each of the following
minimum requirements:
A. All massage tables, bathtubs, shower stalls, steam or bath area floors
shall have surfaces 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.
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 person.
D. Adequate hand washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
A. To be eligible for a permit as a massage, bodywork and somatic therapist,
an applicant shall submit satisfactory evidence of:
(1) Successful completion of a minimum of 500 hours, in-class study in
the field of massage, bodywork or somatic therapy; or
(2) Successful completion of the written examination offered by the National
Certification Board for Therapeutic Massage and Bodywork.
B. For up to one year (365 days) after the date procedures are established by this chapter for applying for permit to conduct massage, bodywork or somatic therapy in the Borough of Mount Arlington, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter, or any person engaged in the part-time practice of massage, bodywork or massage therapy for five years preceding the enactment of this chapter, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy under the supervision of a certified therapist as defined in Section
115-1 of this chapter and with the minimum completion of a minimum of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a permit to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this chapter, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Borough of Mount Arlington must fulfill the requirements of Subsection A(1) and (2) above.
C. The following information concerning the applicant will also be required:
(1) The name, complete residence address and residence telephone number.
(2) All previous addresses within the last five years prior to the present
address of the applicant.
(4) Height, weight, sex and color of hair and eyes.
(5) Two front-face portrait photographs taken within 30 days of the date
of application and at least two by two (2x2) inches in size.
(6) The massage therapy or similar business history and experience, including,
but not limited to whether or not such a person has previously operated
in this or another city or state under a license, or has had a permit
denied, revoked or suspended and the reason thereof and the business
activities or occupations subsequent to such action or denial, suspension
or revocation.
(7) All criminal convictions other than misdemeanor or 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.
(8) 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.
The applicant for massage, bodywork or somatic therapist's
license shall pay an annual permit fee of $125, which permit fee shall
become due on the first day of January each year.
A. With the exception of massage, bodywork and somatic therapists who
are certified pursuant to P.L. 1999 c. 19, all applicants seeking
permit under this chapter shall be fingerprinted by the Mount Arlington
Police Department. The Mount Arlington Police Department shall fingerprint
such applicants on Monday through Friday between the hours of 8:00
a.m. and 4:00 p.m., or as otherwise determined by the Mount Arlington
Police Department. The applicant shall pay a fee of $10 to the Police
Department for the cost of fingerprinting.
B. The Chief of Police or his or her designee shall investigate the
information available as to the good moral character of the applicant,
and approve or disapprove the application within 90 days. Reasons
for disapproval shall be set forth in writing on the reverse side
of the application. The application shall be returned to the Health
Officer who will either issue the permit or notify the applicant of
a denial.
A. Permits issued under this section may be revoked by the Board of
Health, 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 borough.
(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 borough 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 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 a hearing. Such notice shall be given personally
or mailed to the permittee 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 permittee is detrimental to the health, safety
and general welfare of the Borough of Mount Arlington.
D. The Board of Health shall conduct any hearing pursuant to this section.
E. In addition to license suspension or revocation, the Health Officer
is authorized to enforce violations in Municipal Court upon written
notice providing a reasonable period to cure based on the nature of
the violation and circumstances involved.
The massage, bodywork, and somatic therapy establishment shall
display its permit as well as the certification of each and every
massage, bodywork and somatic therapy therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment.
Every massage, bodywork, and somatic therapy establishment shall
comply with the following:
A. Every portion of the massage, bodywork and somatic therapy 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, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors such as dressing rooms
shall open inward and shall be self-closing.
D. All massage, bodywork and somatic 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
manner.
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,
bodywork or somatic therapist.
F. It shall be unlawful for any person knowingly, in a massage, bodywork
and somatic therapy establishment, to 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,
bodywork or somatic therapist, employee or operator shall perform
or offer to perform any act which would require the touching of a
patron's sexual or genital area.
G. All walls, ceilings, floors, pool, 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 and vapor cabinets and shower compartments and toilet rooms
shall be thoroughly cleaned each day the business is in operation.
Bathtubs and showers 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, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
I. Animals, except for seeing eye dogs, shall not be permitted in the
massage work area.
J. Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
The Department of Health, Police Department, Fire Department
and/or the Building Department shall, from time to time, at least
twice a year, make an inspection of each massage, bodywork and somatic
therapy establishment granted a permit under the provisions of this
section for the purpose of determining whether the provisions of this
section are being 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 part of any quarters of any massage, bodywork or somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters nor shall any person sleep in such massage, bodywork
or somatic therapy establishment except for limited period incidental
to and directly related to a massage, bodywork or somatic therapy
treatment or bath. This provision shall not preclude the location
of massage, bodywork or somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
A. No owner or manager of a massage, bodywork and somatic therapy establishment
shall tolerate in his or her establishment 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.
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,
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 violations and the permits which have been
issued shall be automatically revoked.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A. In the office of licensed physician, chiropractor or physical therapist;
or,
B. By a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C. By any licensed physician, chiropractor or physical therapists 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 et
seq.
Any patron under the age of 18 years of age must be accompanied
by a parent or guardian or adult with written permission of the parent
or guardian.
A. Alcoholic beverages shall not be distributed or consumed on the premises
of any massage, bodywork and somatic therapy establishment licensed
under this chapter.
B. Controlled dangerous substance, as defined by the Laws of the State
of New Jersey, shall not be distributed or consumed on the premises
of any massage, bodywork or somatic therapy establishment licensed
pursuant to this chapter.
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 hereof, 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.