[Added 8-8-2000 by Ord. No. 1-2000]
For the purpose of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Refers to systems of activity-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 purpose 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 neural myofascial 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.
Any person, male or female, who administers massage, bodywork
and/or somatic therapies for any form of consideration.
Any establishment or operation wherein massage, bodywork
or somatic therapies are administered or are permitted to be administered
when such therapies are administered for any form of consideration.
A.
Business permit required. No person, firm or corporation
shall operate any establishment or utilize any premises in the Borough
of Rockaway in Morris County 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 Borough of Rockaway
in accordance with the terms and provisions in this article.
B.
Massage, bodywork and somatic therapist 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 Rockaway pursuant to
the provisions of this article.
[Amended 5-8-2014 by Ord.
No. 06-14; 12-11-2014 by Ord. No. 18-14]
Every applicant for a permit to maintain, operate or conduct a massage, bodywork or somatic therapy establishment or out-call massage, bodywork or somatic therapy service shall file an application with the Department of Health upon a form provided by said Department and pay an annual fee as specified in § 261-63.
Any person desiring a massage, bodywork or somatic
therapy business permit shall file a written application with the
Board of Health on a form to be furnished by the Health Department.
The applicant shall accompany the application with a tender of correct
fee as hereinafter provided and shall, in addition, furnish the following:
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 addresses of all
massage, bodywork and somatic therapists 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.
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,
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.
(1)
The name, completed residence address and residence
telephone number.
(2)
All previous addresses within the last five years
prior to the present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and 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 inches by two
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 permit denied, revoked or suspended and the reason therefor and
the business activities or occupations subsequent to such action or
denial, suspension or revocation.
(7)
All criminal convictions, pleas of guilty or pleas
of no contest, other than misdemeanor traffic violations, fully disclosing
the jurisdiction in which same occurred and the offense for which
convicted or a plea entered, and the circumstances thereof. The applicant
shall execute a waiver and consent to allow a fingerprint and criminal
background check by the Police Department. A therapist's permit may
be denied to any person who has been convicted of or entered a plea
of guilty or no contest to:
[Amended 12-12-2013 by Ord. No. 21-13]
F.
The names and addresses of three adult residents who
will serve as character references. These references must be persons
other than relatives and business associates.
[Amended 12-27-2012 by Ord. No. 28-12]
A.
The Department of Health, upon receiving an application
for a massage, bodywork or somatic therapy establishment permit, shall
refer the application to the Building Division, the Fire Department,
the Police Department, the Health Department and the Planning Department,
which Departments shall inspect the premises proposed to be operated
as a massage establishment and shall make written recommendations
to the Division of Licensing and Permits concerning compliance with
the codes that they administer.
B.
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 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 Rockaway.
A.
To be eligible for a permit as a massage, bodywork
and somatic therapist, an applicant shall submit satisfactory evidence
of:
B.
For up to one year (365 days) after the date procedures are established by this article for applying for a permit to conduct massage, bodywork or somatic therapy in the Borough of Rockaway, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this article or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this article, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork or somatic therapy with a minimum completion of 200 hours of education or training in massage preceding the enactment of this article, may acquire a permit to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this article, any person wishing to be permitted as a massage, bodywork or somatic therapist in the Borough of Rockaway must fulfill the requirements listed in Subsection A(1) and (2) above.
C.
The following information concerning the application
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.
(3)
Written proof of age.
(4)
Height, weight, sex and 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 inches by two
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 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, pleas of guilty or pleas
of no contest, other than misdemeanor traffic violations, fully disclosing
the jurisdiction in which same occurred and the offense for which
convicted or a plea entered, and the circumstances thereof. The applicant
shall execute a waiver and consent to allow a fingerprint and criminal
background check by the Police Department. A therapist's permit may
be denied to any person who has been convicted of or entered a plea
of guilty or no contest to:
[Amended 12-12-2013 by Ord. No. 21-13]
(8)
The names and addresses of three adult residents who
will serve as character references. These references must be persons
other than relatives and business associates.
[Amended 12-27-2012 by Ord. No. 28-12]
[Amended 5-8-2014 by Ord.
No. 06-14; 12-11-2014 by Ord. No. 18-14]
The applicant for a massage, bodywork or somatic therapist's license shall pay an annual permit fee as specified in § 261-63, which permit fee shall become due on the first day of January each year.
The massage, bodywork or somatic therapy establishment
shall display his/her permit and that of each and every massage, bodywork
or somatic therapist employed in the establishment in an open and
conspicuous place on the premises of the establishment.
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.
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 or somatic
therapists, shall be clean and wear clean, nontransparent outer garments.
Dressing rooms must be available on the premises, and each dressing
room shall contain a tub or shower in good working order. Doors to
such dressing rooms shall open inward and 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 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.
G.
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.
H.
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 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.
I.
Oils, creams, lotion and other preparations used in
administering massage, bodywork or somatic therapies shall be kept
in clean, closed containers or cabinets.
J.
Animals, except for Seeing Eye dogs, shall not be
permitted in the massage work area.
K.
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.
The Department of Health, Police Department
and/or the Building Department shall, from time to time, at least
twice 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 clubs.
A.
No owner or manager of a massage, bodywork or somatic
therapy establishment shall tolerate in his 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 an activity or behavior which violates this article.
B.
Any conviction of any employee of a massage, bodywork
or somatic therapy establishment of a violation of the aforementioned
statutes and codes shall devolve upon the owner or manager of such
club, it being specifically declared by that, following such a conviction
of an employee, the owner or the manager of the club shall be prosecuted
as an accessory to such a violation and the required permits will
be automatically revoked.
Any person violating the provisions of this
article shall, upon conviction, be punished by imprisonment for a
term not exceeding 90 days or by a fine not exceeding $1,000, or both,
in the discretion of the court.
[Added 12-12-2013 by Ord. No. 21-13]
Any proprietor or operator aggrieved by any decision of the
Health Officer, including the denial of a license, the refusal to
renew a license and the suspension of a license, shall have an absolute
right to appeal such decision to the Board at its next regularly scheduled
meeting. For such appeal, the Health Officer or his designee shall
present that evidence supporting the decision made by the Health Officer,
and the aggrieved party shall present that evidence which supports
a contrary decision. After hearing all the evidence presented to it,
the Board, by a majority vote, shall then affirm, reverse or modify
the decision of the Health Officer.
