BOROUGH OF NORWOOD

ORDINANCE NO. 03:02

AN ORDINANCE SUPPLEMENTING THE

CODE OF THE BOROUGH OF NORWOOD

TO LICENSE AND REGULATE THE

PRACTICE OF MASSAGE THERAPY

BE IT ORDAINED by the Mayor and Council of the Borough of Norwood as follows:

Section 1. The Code of the Borough of Norwood is hereby supplemented by the adding a new chapter entitled:

MASSAGE THERAPY

1. Definitions.

For the purposes of this chapter, certain words and terms herein are defined as follows:

EMPLOYEE - Any Person other than a massage practitioner who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.

HEALTH OFFICER - A person (s) who provides Municipal Sanitarian/Health Services.

LICENSEE – the operator of a massage establishment.

MASSAGE- 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, feet, or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oil, powder, creams, lotions, ointments, or such other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT- Any establishment having a fixed place of business where any person, firm, association or corporation engages in carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of massage.

MASSAGE PRACTITIONER – An individual who has taken courses in massage therapy at, and has received a diploma or certificate of completion in the area of massage therapy from an educational institution offering degrees and/or certifications in massage therapy and approved or accredited by the State Department of Education within this State. An individual who is a member of a national association of certification board and meets all requirements as outlined by the Board of Nursing, State of New Jersey.

PATRON – Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefore.

PERSON – Any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

SEXUAL OR GENITAL AREA – Genitals, anus or perineum of any person, or the breasts or vulva of a female.

2. Declaration of policy.

It is hereby declared that the business of operating massage and/or somatic therapies business, as defined in this chapter, is a business affecting the public health, safety and general welfare.

3. Compliance required.

It shall be unlawful for any person to engage in the massage and somatic therapies business without a license, or being in any violations of any requirements set forth in this chapter, or any regulation issued pursuant hereto.

4. License required.

No person shall be engaged or employed in the Borough of Norwood as a massage technician for which any form of compensation is charged or accepted, without first obtaining a license from the Chief of Police to do so. The license, when issued, is personal and shall not be constructed to grant a certification of occupancy or approval for the use of any premises or location.

5. Requirements for licensure.

A. Massage Establishment: No such licenser shall be issued to any person (s):

Under 18 years of age;
Convicted of a crime of moral turpitude or any sex related offenses;
Unless documentary proof is submitted to the Department of Health establishing the applicant’s satisfactory completion of a minimum of 500 hours study of massage, anatomy or physiology;
Unless the applicant provides the Board with an affidavit from a duly licensed physician of the State of New Jersey establishing that the applicant is free from contagious and communicable diseases; within 30 days of date of application;
Unless the person is in compliance with the standards and applicable laws pertaining to massage therapy as regulated by the New Jersey Board of Nursing;
Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Police Department, which application, to include photographing and fingerprinting by the Norwood Police Department, and prior residence and employment of the last ten years, to include addresses and points of contact
Unless a license fee of $250.00 is received. An additional fee will be charged for State Police fingerprinting fee made payable to New Jersey State Bureau of Investigation;
Unless that person is a member of a nationally recognized massage therapy association;
Unless that person has disclosed the funding source for opening the establishment and all parties who hold an interest in the establishment of 10% or greater;
Unless documentary proof of liability insurance is submitted;
Unless all building, zoning, health, and fire codes are complied with and satisfactory inspection certificates are granted.

B. Massage Practitioner: No such license shall be issued to any person:

Under 18 years of age;
Convicted of a crime of moral turpitude or any sex related offenses;
Unless documentary proof is submitted establishing the applicant’s satisfactory completion of a course of massage therapy, minimum of 500 hours by a department of education recognized school;
Unless that person is in compliance with the standards and applicable laws pertaining to massage therapy as regulated by the New Jersey Board of Nursing;
Unless that person is a member of a nationally recognized massage therapy association;
Unless documentary proof of liability insurance is submitted;
Unless the applicant provides an affidavit from a duly licensed physician of the State of New Jersey establishing that the applicant is free from contagious and communicable diseases: within 30 days of the date of application;
Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Norwood Police Department to include among other things, a detailed description of the applicant to include photographing and fingerprinting and prior residence and employment of the last ten years to include addresses and points of contact.
Unless a license fee of one hundred dollars ($100.00) is received.

6. Display of License – Every license shall be displayed in a conspicuous place within the massage establishment so that persons entering the premises may readily see same.

7. Term of License:

Message Establishment – Every massage establishment license issued pursuant to this chapter shall expire at the end of the calendar year or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $100.00 annually.
Massage Practitioner – Every massage practitioner license issued pursuant to this chapter shall expire at the end of the calendar year or unless sooner suspended or revoked and may be renewed upon compliance with the licensure requirements above, except that the renewal fee shall be $100.00 annually.

8. Sanitation and hygiene.

A. All equipment, shower stalls, toilets, lavatories and any other such accoutrements of the establishment shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times.

B. Uniform Construction Code Officials, Health Officer, Fire Prevention Officials, plumbing, electric and building inspectors shall be given access to any part of a massage and/or somatic therapies business for the purposes of inspection at all reasonable times. Refusal to permit entry by any of the above officials or obstruction of any investigation shall be grounds for revocation of license.

C. No massage and 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.

D. 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.

E. All personnel, including massage practitioners shall wear clean, nontransparent outer garments, covering the sexual and genital areas.

F. Non-disposable tools of the trade shall be disinfected after use upon one patron.

G. The sexual or genital area of patrons must be covered by towels or cloths and undergarments when in the presence of an employee or massage therapist.

H. It shall be unlawful for any person, knowingly, in a massage establishment, to place his or her hand upon, to touch with any part of his or her body, to fondle in any manner a sexual or genital area of any other person.

I. No massage therapist, employee or operator shall perform, offer or agree to perform, any act, which would require the touching of the patron’s genital area.

J. Price rates for all services shall be prominently posted in the reception area and in each massage room in a location available to all prospective customers. Such posting shall include a statement as follows:

Pursuant to the ordinances of the Borough of Norwood: The Genital areas of all customers shall be covered at all times when in the presence of an employee or massage therapist. NO employee or massage therapist shall touch or fondle in any manner the sexual or genital area of any person. Any person or customer violating this ordinance shall be subject to prosecution under this and applicable State Law.

9 Sleeping quarters.

No part of any quarters of any massage or somatic therapies business shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage or somatic therapies business except for limited periods incidental to and directly related to a massage or bath. This provision shall not preclude the location of a massage or somatic therapies business in separate quarters of a building housing a hotel or other separate businesses or clubs.

12. Violations. Any violation by the licensee of any of the provisions of this chapter shall be grounds for the immediate revocation of a license. However, the license shall not be revoked until a hearing therein shall have been had before the Health Authority. Written notice of the time and place of such hearing shall be served upon the licensee at least seventy-two (72) hours prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking the license. Notice may be given either by personal delivery or by regular mail to the address listed on the license. At the hearing before the Health Authority, the licensee shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Health Authority, the license may be revoked or the complaint may be dismissed. The decision of the Health Authority shall constitute final administrative action of the municipality.

13. Unannounced Department of Health Visits.

The business operation is subject to unannounced Department of Health and Police Department visits to insure the protection of the citizens.

14. Violations and Penalties.

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 $1,000, and/or by a period of community service not exceeding 90 days, in the discretion of the Judge of the Municipal Court.

B. A violation of any section of this chapter shall also be ground for revocation of any license, certificate of occupancy or permit issued by the Borough of Norwood for the premises.

C. Every day that the provisions of this chapter are violated by any person, as defined herein, shall be a separate and distinct violation of this chapter.

Section 2. Repealer.

All ordinances or parts of ordinances inconsistent or in conflict with this Ordinance are hereby repealed as to said inconsistencies and conflicts.

Section 3. Severability.

If any section, part of any section, or clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this ordinance. The governing body of the Borough of Norwood declares that it would have passed the ordinance and each section and subsection thereof, irrespective of the fact that any one or more of the subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.

Section 4. Effective Date.

This ordinance shall take effect immediately upon passage and publication according to law.

Introduced: _________________________

Adopted: ___________________________

Approved: _________________________________

Gus D’Ercole, Mayor

Attest: ______________________________

Lorraine L. McMackin, Clerk