[Added 12-21-2020 by Ord. No. 2020-1]
As used in this article, the following terms shall have the
meanings indicated:
Any person who applies to the Board of Health, Borough of
Closter, for a permit to operate a massage establishment as defined
herein.
The Massage, Bodywork and Somatic Therapy Examining Committee
established pursuant to N.J.S.A. 45:11-53 et seq.
A person certified pursuant to the provisions of N.J.S.A.
45:11-53 et seq. and N.J.A.C. 13:37A-1.1 et seq.
Any establishment having a fixed place of business where
massage, bodywork and somatic services are provided for a valuable
consideration.
The document issued by the Board of Health, Borough of Closter,
authorizing an applicant to operate and maintain a massage establishment
and render massage, bodywork and somatic therapy in accordance with
the provisions of this article.
Any practitioner, who holds a permit from the Board of Health,
authorizing the operation of a massage establishment in the Borough
of Closter in accordance with the provisions of this article.
A natural person, partnership, association, company, corporation,
organization, legal entity, or managing agent, servant, officer or
employee of any of them.
A.
No person shall operate a massage establishment without first having
obtained a permit therefor in accordance with the provisions of this
article.
B.
A permittee shall require that the permit be prominently displayed
so that same is clearly visible to any patron receiving such services
from a permittee.
C.
No person shall render massage, bodywork or somatic services unless
such person is licensed pursuant to N.J.S.A. 45:11-53 et seq.
D.
No licensed provider of massage, bodywork or somatic therapies as
licensed pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1
et seq. shall perform massage, bodywork and somatic therapies of any
kind unless they are supervised by the permittee in accordance with
this article.
A.
A massage establishment license shall be granted to an applicant
or other person only upon approval of an application therefor by the
Board of Health. The application shall be filed with the Health Department
and a nonrefundable application/license fee of $250 shall be paid
at the time of filing. The license shall be valid for the remainder
of the calendar year, shall not be transferable, and shall be subject
to annual renewal as of January 1 of each year. The nonrefundable
application/license fee shall not be prorated based upon the date
of filing or date of approval. All applications shall be forwarded
to the Borough agencies of Police, Health, Building, and Zoning for
review.
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,
and/or building layout as applicable to the application. The application
form shall contain the following information:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
(2)
The name, address, and designation under which the business
is to be conducted.
(3)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(4)
A complete list of the names and addresses of all massage, bodywork
and somatic therapists, along with proof of certification by the State
of New Jersey pursuant to the provisions of N.J.S.A. 45:11-53 et seq.,
and employees in the business and the name and residence address of
the manager or other person principally in charge of the operation
of the business. It shall be the responsibility of the owner/operator
to maintain an updated employee list and provide same to the Closter
Health Department. The Closter Health Department shall be notified,
in writing, within seven days, transmitted by mail, email or facsimile,
of any changes to the list. Said list shall also be made available
during all inspections. Each application shall be accompanied by a
fee of $50, which shall not be refundable.
C.
No massage, bodywork or somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Borough
unless an inspection by the Health Department, Construction Code Department
and Fire Prevention Division reveals that the establishment complies
with the minimum requirements of the Building, Fire and Health Codes
for businesses operating in the Borough of Closter. In addition, the
establishment must comply with each of the following minimum requirements:
(1)
All massage tables, bath areas and floors shall have surfaces
which may be readily disinfected, and shall be maintained in a sanitary
condition and regularly cleaned and disinfected by a method approved
by the Health Department.
(2)
Each massage, bodywork and somatic therapy area/room shall be
equipped with a sink and an adequate area within each room for clients
to store personal items.
(3)
The owner or operator shall submit a disinfection/sterilization
plan for nondisposable instruments and materials used in administering
massages, bodywork and/or somatic therapies to the Health Department
for approval and must operate in compliance with an approved plan.
Such nondisposable instruments and materials shall be disinfected
after use on each patron and stored in a clean and sanitary manner.
A.
Permittees shall be responsible for all activities conducted on the
permitted premises. In the event any violation of the provisions of
this article or the provisions of applicable statutory or other rules
and regulations of the State of New Jersey referenced in this article
occur at a massage establishment, the license shall be subject to
suspension by the Closter Health Department following notice and an
opportunity for the licensee to be heard.
A.
Every portion of the massage, bodywork or somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B.
Each permit to operate a massage establishment and each permit of
a massage therapist employed therein shall be conspicuously displayed
within the establishment.
C.
All massage establishment employees shall be provided clean and wear
clean, nontransparent outer garments. 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.
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.
Massage tables or pads used on massage tables shall be sanitized
or cleaned after each use.
F.
No massage, bodywork or somatic therapist, employee or operator shall
perform, or offer to perform, any act which would require the touching
of the patron's sexual or genital area.
G.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Bathtubs and showers shall be thoroughly
cleaned after each use. When carpeting is used on the floors, it shall
be kept dry.
H.
Oils, creams, lotion and other preparations used in administering
massage, bodywork or somatic therapies shall be kept in clean, closed
containers.
I.
Animals, except for service animals, or when they are clients, 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 each patron.
All rest room and workstation hand wash sinks are to be stocked with
liquid hand soap and paper towels. Dispensers for soap and paper towels
are to be wall-mounted. Rest room hand wash sinks must have signs
conspicuously displayed with the following language: "Employees must
wash hands after using the rest room." If hand-washing facilities
are not available, the therapist shall disinfect their hands with
bactericidal agent.
K.
The massage establishment shall conform to and observe all applicable
rules, regulations and prohibitions set forth by the New Jersey Board
of Cosmetology.
A.
The enforcement agents for massage, bodywork and somatic therapy
permits shall be the Health Officer, Police Chief, Fire Prevention
Director and/or their designees.
B.
The Closter Health Department and/or the Zoning Inspector and/or
Fire Inspector and Borough Police Department shall, from time to time,
at least once a year, make an inspection of each massage, bodywork
or somatic therapy establishment granted a permit under the provisions
of this article for the purpose of determining whether the provisions
of this article 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 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 periods
incidental to and directly related to a massage, bodywork or somatic
therapy treatment or bath. This 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 club or residence if the same has been approved by the Zoning Department
or granted a variance by the Closter Borough Zoning Board of Adjustment.
A.
No owner or manager of a massage, bodywork or 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 exclusive of, 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;
laws relating to the commission of adultery; and laws proscribing
fornication; nor shall any owner or manager tolerate in his or her
establishment any activity or behavior which violates this article.
B.
Any conviction of a bodywork or somatic therapy establishment, or
any employee thereof, of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of the establishment,
it being specifically declared that, following such a conviction,
the owner or the manager of the establishment shall be prosecuted
as an accessory to such a violation, and the required permits will
be automatically revoked.
C.
Pest control chemicals or sprays are prohibited. Pest control services
must be performed by NJDEP-licensed pest control contractors.
D.
Laundering is restricted to only those linens and towels used within
the operation. The laundering of personal clothing and/or items is
prohibited. Personal clothing or other personal items may not be commingled
with the linens or towels used in the operation nor shall personal
clothing not specific to the operation be stored on the premises.
E.
No bulk food storage or meal preparation is permitted on premises.
F.
Personal effects of establishment owner(s) or employee(s) are not
permitted on premises.
G.
No one under 18 years of age shall be served unless accompanied by
a parent or legal guardian.
H.
Alcoholic beverages shall not be stored nor consumed on the premises.
I.
No smoking shall be permitted in any rooms.
J.
No massage establishment shall be kept operating for business purposes
in any way between the hours of 10:00 p.m. and 8:00 a.m.
A.
Establishment permits issued under this article may be denied, suspended
or revoked by the Chief of Police, after notice and a public hearing.
Reasons for denial, suspension and revocation of an establishment
permit include, but are not limited to:
(1)
Fraud, misrepresentation or false statement in the application
for the establishment permit;
(2)
Fraud, misrepresentation or false statement made while operating
the licensed business in the Borough;
(3)
Any violation of this article;
(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 within the Borough in an unlawful
manner or in such a manner as to constitute a danger to the health,
safety or general welfare of the public;
(6)
The owner and/or operator or any employee refuses to permit
any duly authorized Borough police officer or Health Official to inspect
the premises or the operations therein.
B.
Notice of the hearing for the denial, suspension or revocation of
a permit shall be given, in writing, setting forth specifically the
grounds therefor and the date, time and place of the hearing. Such
notice shall be given personally or mailed to the permittee at the
address provided on the application or permit at least five days prior
to the date set for the hearing. The Borough Administrator shall serve
as hearing officer for any hearing pursuant to this subsection.
The requirements of this article shall have no application and
effect upon any physician, surgeon, chiropractor, osteopath, nurse,
nurse practitioner, physician's assistant, or physical therapist
duly licensed to practice such professions in this state or to any
person performing massage, bodywork and somatic services under the
supervision of such licensed person. This article shall not apply
to any school certified to teach massage by the New Jersey Department
of Education.
In addition to the suspension of the operating permit pursuant to § 250-123, upon conviction for violation of any provision of this article, the maximum penalty shall be one or more of the following: a fine not to exceed $2,000, imprisonment in the County Jail for a period not to exceed 90 days, and/or a period of community service not to exceed 90 days. Each and every day upon which a violation of any provision of this article exists shall constitute a separate violation.
This article shall be effective upon final adoption, approval
and publication in accordance with law.
