[HISTORY: Adopted by the Township Committee of the Township of Rochelle
Park 5-19-1999 by Ord. No. 795-99. Amendments noted where applicable.]
GENERAL REFERENCES
Land Use and Development Regulations — See Ch. 185.
For the purposes of this chapter, certain words and terms herein are
defined as follows:
Any systems of activity of structured touch which include, but are
not limited to, holding, applying pressure, stroking, kneading, 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 application
may include, but is 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, analysis of posture, movement and neural myofacial education and education
in self-care and stress management. This definition shall not include the
providing of chiropractic and medical services by a licensed professional.
A person who practices or administers massage and/or somatic therapy.
Massage and/or somatic therapists shall not diagnose or treat classified diseases,
nor practice spinal or other joint manipulation.
It is hereby declared that the business of operating a massage and/or
somatic therapies business, as defined in this chapter, is a business affecting
the public health, safety and general welfare.
It shall be unlawful for any person to engage in the massage and/or
somatic therapies business without a permit, in violation of any requirements
set forth in this chapter or any regulation issued pursuant hereto.
The type of business described herein shall be located solely within
the Business Overlay Zone and shall be a conditional use in said zone.
No person shall be engaged or employed (every business entity and each
person employed by such entity shall be required to obtain a license) in the
Township of Rochelle Park as a massage or somatic therapist for which any
form of compensation is charged or accepted without first having obtained
a license from the Township Clerk to do so. The license, when issued, is personal
and shall not be construed to grant a certificate of occupancy or approval
for the use of any premises or location.
A license shall not be issued to a person unless he/she meets the following
conditions:
A.
The applicant is at least 18 years of age.
B.
The applicant submits a certification from a duly licensed
physician of the State of New Jersey, stating that the applicant is free from
contagious and communicable disease, dated within 30 days of the date of application.
C.
The applicant submits three recent photographs that shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner. Each applicant shall
be fingerprinted by the Chief of Police or his designee and shall undergo
a background check by the police. Said photographs and fingerprints shall
constitute a part of the application. The license shall be valid for a period
of one year, and it may be renewed for additional one-year periods upon the
filing of a new application fee of $500. All provisions of this chapter shall
apply to renewals in the same manner as they apply to applications for and
granting of the initial license.
D.
The applicant completes an application and a form to
be provided by the Township of Rochelle Park, which application, among other
things, requires a detailed description of the applicant, fingerprinting by
the Township of Rochelle Park Police Department and prior residence and employment
history for at least 10 years. The application shall be subject to a background
and activity check by the Chief of Police.
E.
In addition, such application shall include a sworn statement
as to whether or not the applicant has, within the last five years, been convicted,
pleaded nolo contendere or suffered a forfeiture on any criminal offense or
on a charge of violating any provisions included in N.J.S.A. 2C:34-1 et seq.,
and/or N.J.S.A. 2C:14-2, as amended, which laws relate to indecency, obscenity
and sexual offenses, or similar charges of violating this chapter or similar
ordinances in any other jurisdiction. The application shall state thereon
that "It is unlawful for any person to make a false statement on this application,
and discovery of a false statement shall constitute grounds for denial of
an application or revocation of a permit."
F.
Each massage practitioner shall have malpractice insurance
in an amount not less than $250,000. A copy of such certificate of insurance
shall be presented to the Township Clerk and/or administrative officer with
the filed application.
No one shall be authorized to hold oneself out to offer a massage as
a massage practitioner within the meaning of this chapter, or employ or engage
as an independent contractor any massage practitioner rendering massage, bodywork
and somatic therapy services within the Township of Rochelle Park, unless
certified by the National Certification Board for Therapeutic Massages and
Bodyworks or the American Massage and Therapy Association. A person shall
not be identified by titles "massage, bodywork and somatic therapist," "registered
massage, bodywork and somatic therapist," "licensed massage, bodywork and
somatic therapist," or the abbreviations "MBT," "RMBT," "LMBT" or "LOBT" unless
licensed to practice massage, bodywork and somatic therapies under the provisions
of this chapter and provides satisfactory proof or evidence of the following:
A.
Successful completion of a minimum of 500 hours in class
study in the field of massage, bodywork and somatic therapies; and
B.
Successful completion of the within examination offered
by the National Certification Board for Therapeutic Massage and Bodyworks
or a substantially equivalent examination approved by the Board to determine
the applicant's competence to practice massage, bodywork and somatic therapies.
The following nonrefundable fees shall be paid to the Township of Rochelle
Park:
A.
Five hundred dollars upon the filing of an annual application for the operation of a business engaged in providing the services set forth in § 128-1 hereof.
B.
One hundred dollars upon the filing of an annual application for persons engaged in providing services as set forth in § 128-1 hereof.
C.
A fee for providing State of New Jersey fingerprint checks
at the rate permitted by State of New Jersey law at the time said request
is made. A fingerprint check shall not be required when obtaining a renewal
of an existing license.
A.
No massage and/or somatic therapies business shall begin
operations until the building occupied shall have been approved by the Township
Construction Code Department, who shall establish procedures for investigation
and report pursuant to regulations of the chapter.
B.
An applicant for a permit to operate a massage and/or
somatic therapies business shall submit to the Township Construction Code
Department plans and specifications of the quarters proposed to be occupied.
Such plans shall show details of entrances, partitions, windows, openings,
ventilation, plumbing fixtures, water supply and waste and vent connections.
C.
Each massage and/or somatic therapies business shall
be equipped with a toilet and lavatory facilities for personnel. Each operating
area shall be equipped with a hand lavatory.
D.
All other pertinent building and land use regulations
of the Township of Rochelle Park shall be complied with.
A.
All equipment, shower stalls, toilets, lavatories and
any other such accouterments of the establishment shall be regularly treated
with disinfectants and shall be maintained in a clean and sanitary condition
at all times.
B.
Health, plumbing, electric and other inspectors shall
be given access to any part of a massage and/or somatic therapies business
for the purpose of inspection at all reasonable times.
C.
No person shall practice any services of a massage and/or
somatic therapies business without a certificate of good health issued by
a duly licensed physician, commensurate with the nature of the services rendered.
Such certificate shall be renewed every six months.
D.
No massage and/or somatic therapies business shall knowingly
serve any patron infected with any fungus or other skin infections, nor shall
service be performed on any patron exhibiting skin inflammation or eruptions,
provided that a duly licensed physician may certify that a person may be safely
served, prescribing the conditions thereof.
E.
All personnel shall wash their hands in hot running water,
using a proper soap or disinfectant, before giving any service or treatment
to each separate patron.
F.
All towels and tissues and all sheets or other coverings
shall be used singularly for each patron and discarded for laundry or disposal
immediately after use.
G.
Nondisposable tools of the trade shall be disinfected
after use upon one patron.
No part of any quarters of any massage and/or somatic therapies business
shall be used for or connected with any bedroom or sleeping quarters, nor
shall any person sleep in such massage and/or somatic therapies business except
or limited to periods incidental to and directly related to a massage or bath.
This provision shall not preclude the location of a massage and/or somatic
therapies business in a separate quarters of a building housing a hotel or
other separate businesses or clubs.
All licenses issued pursuant to this chapter shall expire in the calendar
year in which the said license was issued. Generally speaking, a license shall
be issued for one calendar year, but in the event that the issuance of same
is made for part of a calendar year, the full license fees required hereinabove
will apply without any proration.
All licenses issued hereunder shall be exhibited in a prominent place
inside the business establishment.
A.
The conviction of any applicant or licensee of any criminal
offense, quasi-criminal offense or sanitary code violation related to the
licensee's business, or any sex-related offense, shall constitute a forfeiture
of their license and said license shall be deemed revoked.
B.
Each licensee shall be deemed responsible for a clean
and safe business operation on the premises. The violation of any law at said
premises shall be grounds for the revocation of the licenses of all licensees
operating on the premises.
A.
Licenses issued under this chapter may be revoked by
the Township Clerk, Construction Code Department or Chief of Police for violations
of any terms or conditions of this chapter.
B.
Notice of hearing for revocation of a license shall be
given in writing, setting forth the grounds of complaint and the time and
place of the hearing. Such notice shall be served personally upon the licensee
or mailed by registered letter to the licensee at his last known address at
least five days prior to the date set for the hearing.
C.
In the event of a revocation of license, the Township
Clerk, Construction Code Official or Chief of Police shall report his/her
findings and reasons therefor to the Township Committee.
The applicant or license holder may appeal any denial or revocation
of a license within 30 days of receiving written notice of such denial or
revocation by submitting to the Township Clerk a written request for a hearing
by the Township Committee, which request shall be made on a form provided
by the Township Clerk. The Township Committee shall hold a hearing within
45 days within the date of request for a hearing. The Township Committee shall
direct the Township Clerk to issue a decision to the applicant or license
holder within 10 days of its decision or within 45 days of the hearing, whichever
is sooner. The time periods set forth in this chapter may be extended and/or
waived on a mutually agreeable basis by the Township Committee and the applicant
and/or license holder.
A.
Any person violating any of the provisions of this chapter
shall, upon conviction, be punished by imprisonment in the county jail for
a term not exceeding 90 days, by a fine not exceeding $2,500 and/or by a period
of community service not exceeding 90 days, in the discretion of the Judge
of the Municipal Court. Each day the violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as set
forth above.
B.
A violation of any section of this chapter shall also
be grounds for revocation of any license, certificate of occupancy or permit
issued by the township for the premises.
C.
Every day the provisions of this chapter are violated
by any person, as defined herein, shall be a separate and distinct violation
of this chapter.
This chapter is intended to be read in pari materia with any and all
state regulations appertaining to the same or similar subject matter, including,
but not by way of limitation, any and all regulations established by the Massage,
Bodywork and Somatic Therapy Examining Committee operating under the New Jersey
Board of Nursing (P.L. 1999, c. 19, approved February 8, 1999, Assembly Bill
No. 843).
