(A) Responsibility. The licensee of a massage establishment must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section. Where the licensee of the massage establishment delegates duties to a manager, the manager must ensure that the requirements of this section are carried out. Failure to do so is a violation of this section.
(B) Notices. Each massage establishment must:
(1) Have a legible sign, at least 18 inches by 24 inches in size, posted next to or on the entrance door, identifying the premises as a massage establishment, with the words “licensed massage establishment” and the words “this massage establishment is subject to police inspection” printed in letters no less than one inch in height on a background that is a contrasting color;
(2) Display at a location inside the establishment and visible to individuals entering the establishment:
(a) The license to operate the establishment;
(b) The license of the massage establishment manager;
(c) The massage worker licenses for each person performing massage at the establishment;
(d) The massage therapist certificate or massage practitioner registration issued by the State Board to any person performing massage at the establishment; and
(e) A copy of this chapter.
(3) Display at each location where massages are given, notice that the premises are subject to inspection under this chapter.
(C) Minimum standards for massage establish- ment facilities. Each person who operates a massage establishment in the Township that is required to hold a massage establishment license under these regulations, and each applicant, must:
(1) Locate the massage establishment in a proper zoning district as specified in Unified Land Development Ordinance;
(2) Ensure that the building in which the massage establishment is located complies with all federal, state, and local laws and regulations;
(3) Install at least one hand basin in each room in which massages are administered;
(4) Ensure that all walls, ceilings, floors, pools, showers, bathtubs, steam rooms, hand basins, baths, spas, and other physical facilities located at a massage establishment are in good repair and maintained in a clean and sanitary condition;
(5) Thoroughly clean and disinfect each wet and dry heat room, steam or vapor room, or steam or vapor cabinet, shower, bathtub, hand basin and toilet room at the massage establishment facility after use by each patron when the facility is in operation;
(6) Provide clean, laundered, and sanitary towels and linens for each patron of the massage establishment;
(7) Install cabinets for the storage of clean towels and linens, and keep the cabinets clean and sanitary;
(8) Ensure that all staff providing massages employed at the massage establishment cleanse their hands thoroughly with soap and hot running water immediately before administering each massage;
(9) Maintain a registry at the massage establishment, and record in the registry the name, residence address, and a description and the date of all services provided to each customer of the establishment;
(10) Require each customer of the massage establishment to provide positive identification and to sign the registry;
(11) Keep the records entered in the registry of the massage establishment for at least three years after the date of service;
(12) Ensure and verify that every person who administers a massage at the massage establishment is either certified by the State Board to practice massage therapy or registered by the State Board to practice non-therapeutic massage, or has a Township massage worker license;
(13) Ensure that no illegal activity is conducted at the massage establishment and that no person employed by the establishment has been convicted of a crime other than traffic offenses for which a sentence of incarceration could not have been imposed within five years immediately preceding the date of the application;
(14) Maintain throughout the term of the massage establishment license a comprehensive general liability insurance policy from an insurer licensed in New Jersey in the minimum amount of $1,000,000, which covers all acts of a massage establishment licensee, a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each, workmen's compensation insurance as required under state law, and a license and permit bond in the amount of $10,000 each to cover all activities at the massage establishment. The licensee must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official; and
(15) Maintain throughout the term of the massage establishment manager and worker license professional liability insurance in the amount of $500,000 each issued by an insurer licensed in New Jersey, and a license and permit bond in the amount of $10,000 each. A massage establishment manager and worker must be able to show evidence that this requirement is met at any time to any police officer or code enforcement official.
(D) Residency. No person may reside at a massage establishment.
(E) Clothing. All employees must wear opaque clothing that completely covers their trunk at all times.
(F) Prohibited acts. A person required to have a massage establishment manager or massage worker license under this Township Code must not:
(1) Uncover his or her erogenous areas or the erogenous areas of another person;
(2) Administer a massage to a person of the opposite sex;
(3) Massage, or offer to massage, an erogenous area of another person; or
(4) Engage in any prostitution-related activities, including but not limited to: solicitation, assignation, pandering, common nuisance, or prostitution in the massage establishment.
(Ord. 71-05, passed 6-27-05; Am. Ord. 202-11, passed 12-28-11) Penalty, see § 119.99