[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 12-20-2005 by Ord. No. 2005-27. Amendments noted where applicable.]
GENERAL REFERENCES
Business permits — See Ch. 180.
Zoning — See Ch. 163.
The following words, terms and phrases, when used in this chapter, shall have the meanings described 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 assess 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.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53 et seq.
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No. 2013-3]
A. 
Massage, bodywork and somatic therapy establishment permit required. No person, firm, corporation or other business entity shall operate any establishment or utilize any premises in the Borough of Chester 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 Chester in accordance with the terms and provisions of this chapter.
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 license issued to him or her by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c.19, as amended by P.L. 2007, c.337 (N.J.S.A. 45:11-53 et seq.).
Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application with the Borough Clerk upon a form to be furnished by the Borough Clerk. The application form 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. If leasing the business premises, the name, business address and all telephone numbers, including facsimile, shall be provided together with a copy of the lease agreement for the premises.
[Amended 5-15-2007 by Ord. No. 2007-9]
D. 
A complete list of the names and residence addresses of all massage, bodywork and somatic therapists and employees of the business and the names and residence addresses of the managers or other persons principally in charge of the operation of the business.
[Amended 5-15-2007 by Ord. No. 2007-9]
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, N.J.S.A. 45:11-53 et seq. (P.L. 1999, c. 19).
F. 
The following personal information concerning the applicant, if an individual; concerning each stockholder or member holding any direct or indirect interest in the corporation or other business entity (affiliate), each officer, director or member, if the applicant is a corporation or other business entity; 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:
[Amended 5-15-2007 by Ord. No. 2007-9]
(1) 
The name, complete residence address and residence telephone number.
(2) 
The two years' previous address history immediately prior to the present address of the applicant.
(3) 
Written proof of age.
(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 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 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 therefor 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 or affiliate who has been convicted of any crime or disorderly persons offense other than traffic violations.
[Amended 4-6-2013 by Ord. No. 2013-3]
G. 
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.
H. 
The fingerprints of the applicant as set forth in § 170-6.
[Added 4-6-2013 by Ord. No. 2013-3]
Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment shall file an application with the Department of Health, upon a form to be furnished by said Department, and pay an annual fee of $100, which permit fee shall become due on the first day of January each year.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No. 2013-3]
The Department 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 Department and shall inspect the premises proposed to be operated as such an establishment and shall make written recommendations to the Borough Clerk concerning compliance with the codes that they administer. 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, Construction Code Official and Fire Inspector reveals that the establishment complies with the minimum requirements of the Building and Health Codes for a business operating in the Borough of Chester. In addition, the establishment must comply with each of the following minimum requirements:
A. 
All massage tables, rest rooms, bathtubs, shower stalls, steam areas and floors shall be constructed of material with surfaces which may be readily disinfected and shall be maintained in a sanitary condition and regularly cleaned and disinfected.
B. 
Adequate private dressing and rest room facilities shall be provided for the patrons and employees during all business hours.
C. 
The premises shall have adequate equipment to and shall disinfect and sterilize nondisposable instruments and materials used in administrating massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
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. Hand sinks shall be provided with hot and cold water capable of delivering running water under pressure and at temperature of 90° to 110° F. Hand sinks shall be supplied with liquid soap and disposable hand towels at all times.
E. 
Water closets, rest rooms and lavatories shall be in conformance with the regulations set forth in the New Jersey Uniform Construction Code (N.J.A.C. 5:23).
[Amended 11-20-2007 by Ord. No. 2007-22; 4-6-2013 by Ord. No. 2013-3[1] ]
A. 
With the exception of massage, bodywork and somatic therapists who are certified pursuant to N.J.S.A. 45:11-53 et seq. (P.L. 1999, c. 19), all applicants seeking a permit under this chapter shall be fingerprinted by the Borough of Chester Police Department. The Borough of Chester 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 Borough of Chester Police Department. The applicant shall pay the fee charged by the New Jersey State Police to the Police Department for the cost of fingerprinting.
B. 
When said application is properly filled out, signed by the applicant, and has been filed with the Borough Clerk with all accompanying information, the application shall be referred by the Clerk to the Borough Police Department. The Chief of Police or his or her designee shall investigate the information available and shall approve or disapprove the application within 90 days. If the result of such investigation(s) of the applicant’s character or business responsibility is found to be unsatisfactory or that the issuance of a permit to the applicant would present a danger to the public health, safety or welfare, the Chief of Police shall list the reasons for disapproval in writing and shall return the application to the Borough Clerk who shall notify the applicant of the denial of the permit. If the results of the investigation are satisfactory, the application shall be returned to the Borough Clerk who shall issue the permit to the applicant.
[1]
Editor’s Note: This ordinance also repealed former § 170-6, Application for therapist’s permit, and provided for the renumbering of former §§ 170-8 through 170-14 as §§ 170-6 through 170-12 and former § 170-15 as § 170-17.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No. 2013-3[1]]
A. 
Permits issued under this chapter may be revoked by the Health Officer, Zoning Officer or Borough Council, 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 by the owner or employee 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 the 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 the 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 Chief of Police, Health Officer or Borough Council, or their designee, if it is their opinion the conduct of the permittee is detrimental to the health, safety and general welfare of the Borough of Chester.
D. 
The Chief of Police, Health Officer, Zoning Officer, or their designee, or such individual as shall be designated by the Borough Council, shall serve as the hearing officer for any hearing pursuant to this section.
[1]
Editor’s Note: This ordinance also repealed former § 170-7, Therapist permit fee, and provided for the renumbering of former §§ 170-8 through 170-14 as §§ 170-6 through 170-12 and former § 170-15 as § 170-17.
[Amended 5-15-2007 by Ord. No. 2007-9; 4-6-2013 by Ord. No. 2013-3]
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. Massage tables shall be maintained in good condition and free of rips and tears.
B. 
Price rates for all services shall be prominently posted (brochures or price lists) in the reception area in a location available to all prospective patrons.
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 to such dressing rooms shall open inward and shall be self-closing without locks.
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. Soiled linens and draping materials shall be either commercially laundered or washed on-site in a clothes washing machine in hot water with detergent and bleach or an antibacterial agent, and dried on the high heat setting in a clothes dryer. Linens used in the establishment may not be laundered in a private home. Soiled linens shall be stored in closed containers.
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 and 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 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 or vapor rooms or steam or vapor cabinets and compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and shower stalls 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 a proper soap or disinfectant, before administering a massage, bodywork or somatic therapy to a patron.
[Amended 4-6-2013 by Ord. No. 2013-3]
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 and somatic therapy establishment granted a permit under the provisions of this chapter for the purpose of determining whether the provisions of this chapter 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. The operator of any establishment permitted pursuant to this chapter shall allow access for inspection to all parts of the establishment and all pertinent records shall be made available to the Health Officer or designee for review.
[Amended 5-15-2007 by Ord. No. 2007-9]
No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage, bodywork and somatic therapy establishment except for limited periods incidental to and directly related to a massage, bodywork or somatic therapy treatment. This provision shall not preclude the location of massage, bodywork and somatic therapy establishment in separate quarters of a building housing a hotel or other separate businesses or clubs.
A. 
An owner or manager of a massage, bodywork and somatic therapy establishment shall be responsible for and shall not permit or 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, nor shall any owner or manager tolerate in his or her establishment any activity or behavior which violates this chapter.
[Amended 5-15-2007 by Ord. No. 2007-9]
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 violation, 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 sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists; or
C. 
By any licensed physician, chiropractor or physical therapist 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.
[Added 4-6-2013 by Ord. No. 2013-3]
The licenses issued under this chapter may be immediately suspended by the Chief of Police, or designee, for the following reasons:
A. 
Massage, bodywork or somatic therapy is provided by unlicensed therapist or employee.
B. 
Unsanitary or unsafe conditions which may adversely impact the health and/or safety of the public.
[Added 4-6-2013 by Ord. No. 2013-3]
The massage, bodywork and somatic therapy establishment shall display its permit as well as the New Jersey license of each and every massage, bodywork and somatic therapist employed in the establishment in an open and conspicuous place in the reception area of the establishment.
[Added 4-6-2013 by Ord. No. 2013-3]
Any owner whose permit has been revoked pursuant to the provision of this chapter may apply to be relicensed upon filing of proof that all acts or omissions for which the permit was revoked have been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with. If relicensing is approved, the license may be issued upon payment of the licensing fee as set forth in Chapter 127 of the Borough Code.
[Added 4-6-2013 by Ord. No. 2013-3]
Whenever notice is required or permitted to be given by this chapter, such notice may be effected by personal service upon the permittee, if an individual, or any general partner, if a partnership, or upon any corporate officer, if a corporation, or, alternatively, to any of the foregoing, by certified mail, return receipt requested, to the last address listed in the Borough Clerk’s office in conjunction with the establishment’s permit information. It shall be the duty of each permittee to keep the Borough advised of any subsequent change of address. Upon failure of the permittee to comply with this requirement, any notice returned with the notation "unknown," "moved," or "not claimed" shall be deemed proper service of all noticed required by this chapter.
[Amended 4-6-2013 by Ord. No. 2013-3]
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 imprisonment for a term not to exceed 90 days and/or by a fine not to exceed $2,000 or by a period of community service not to exceed 90 days, at the discretion of the Court pursuant to § 1-17 of the Borough Code.