60A-1 Regulation of massage establishment or premises.

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1 TOWNSHIP OF EVESHAM ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE AN ORDINANCE CREATING CHAPTER 60A OF THE TOWNSHIP CODE ENTITLED "BUSINESS REGISTRATION AND LICENSING" OF MASSAGE ESTABLISHMENTS WHEREAS, N.J.S. 40:52-1(g) authorizes a governing body to make, amend, repeal and enforce ordinances to license and regulate any kind of business conducted in the municipality and the places and premises in or at which the business is conducted and carried out; and WHEREAS, N.J.S. 40:48-2 authorizes any municipality to make, amend, repeal and enforce such ordinances and regulations as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Township Council of the Township of Evesham, County of Burlington, State of New Jersey, that Chapter 60A of the Township Code, be and is hereby created, and shall read as follows: ARTICLE ONE. Added Sections. "Chapter 60A: BUSINESS REGISTRATION AND LICENSING OF MASSAGE ESTABLISHMENTS" 60A-1 Regulation of massage establishment or premises. No person, firm, or corporation shall operate any establishment or utilize any premises in the Township of Evesham as or for a massage establishment unless and until the establishment has registered the business with the Police Department of the Township of Evesham in accordance with the terms and provisions of this chapter. Such application for registration shall have attached to it a copy of a valid State-issued license showing that the massage establishment is in good standing and compliant with State requirements. Such application for registration shall also have attached to it a copy of the license issued to each of the establishment's therapists by the New Jersey Board of Massage and Bodywork Therapy. The Evesham Township Police Department shall require a massage establishment to update its records every year upon payment of the annual registration fee. LAW OFFICE Parker McCay P.A. 60A-2 Declaration of policy and purpose. a. It is hereby declared that the business of operating a massage establishment, as defined in this chapter, is a business affecting the public health, safety, and general welfare of the municipality and its inhabitants, thereby making the operation of a massage establishment subject to the municipality's regulatory and police power. 1

2 b. Massage establishments are required to register with the Township in order for Township officials to maintain records of the names and State License information of the owner(s) and operator(s) of the massage establishment and massage therapist(s) providing massage and/or bodywork services within Township limits, the address of the place of business providing massage services, and to monitor compliance with all Township and State laws, health codes, and ordinances. Registering the licensure information for the establishment, owner/operator, and therapist(s) preserves the public health, safety, and welfare of the municipality and its inhabitants. 60A-3 Definitions. As used in this chapter, the following terms shall have the meanings indicated: MASSAGE, BODYWORK, AND/OR SOMATIC THERAPIES Any system 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 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 licensed pursuant to the provisions of the Massage and Bodywork Therapist Licensing Act, N.J.S. 45:11-53 et seq. and N.J.S. 45:11-68 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. 60A-4 Preemption by State law. Nothing in this chapter is meant to regulate the process by which massage and bodywork therapists become certified, licensed, and/or registered, a process that is currently overseen and regulated by the New Jersey Board of Massage and Bodywork Therapy and outlined in N.J.S. 45:11-53, et seq. 60A-5 Non-licensed therapists prohibited. The administering of massage, bodywork, and/or somatic therapies for any form of consideration by any person not licensed by the State of New Jersey pursuant to the Massage and Bodywork Therapist Licensing Act, N.J.S. 45:11-53 et seq. and N.J.S. 45:11-68 et seq., shall be prohibited within the limits of the Township of Evesham. 2

3 60A-6 Fees. Applicants for a massage establishment registration shall pay an annual registration fee of two-hundred-fifty dollars ($250.00), which shall become due on January 1 of every year. In order to be properly registered, the applicant must remit the registration fee, attach to the application a copy of the establishment's State-issued license, and attach to the application a copy of the license issued to each of the establishment's therapists by the New Jersey Board of Massage and Bodywork Therapy Township Council to approve registration. Each application for a massage establishment registration or the renewal thereof, which shall be submitted to the Police Department, must be approved by the Township Council before any registration is issued. The Township Council shall not approve said application unless a copy of the establishment's State-issued license and a copy of the State-issued license for each of the establishment's therapists are attached to the registration application. 60A-8 Exemptions from registration. The provisions of this chapter shall not apply to massage or physical therapy treatments given by a massage therapist certified by either the A.M.T.A. or the A.M.B.P., and: a. In the office of a licensed physician, osteopath, chiropractor, or physical therapist; or b. In a regularly established medical center, hospital, or sanitarium having a staff which includes licensed physicians, chiropractors, or physical therapists; or c. By any licensed physician, osteopath, chiropractor, or physical therapist in the residence of his patient. 60A-9 Compliance with State laws and regulations. All massage establishments and massage therapists shall comply with applicable State laws and regulations, including N.J.S. 45:11-53 et seq., N.J.S. 45:11-68 et seq., and N.J.A.C. 13:37A-1.1 et seq. 60A-10 Display of State licenses. The massage, bodywork, and somatic therapy establishment shall display its State-issued license as well as the State-issued license of each and every massage therapist employed by the establishment in an open and conspicuous place of the premises of the establishment, in accordance with N.J.A.C. 13:37A A-11 Prohibited acts. No owner, operator, or manager of a massage, bodywork, and somatic therapy establishment shall 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; nor shall any owner, operator, or manager tolerate in his or her establishment any activity or behavior which violates this chapter. 3

4 60A-12 Sleeping quarters prohibited. No part of any quarters of a massage, bodywork, and somatic therapy establishment shall be used for or connected with a bedroom or sleeping quarters, nor may any person sleep in such massage, bodywork, and somatic therapy establishment. This provision shall not preclude the location of a massage therapy establishment in separate quarters of a building wherein a hotel or other separate business is located. 60A-13 Inspections by Evesham Township Police. The Chief of Police or his designee is authorized to conduct random inspections of massage, bodywork, and somatic therapy establishments located within the Township of Evesham for the purpose of determining whether the owner, operator, or manager of such an establishment is compliant with the provisions of this chapter. Such inspections shall be unannounced, but shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any owner, operator, manager, or employee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. The owner, operator, or manager of the establishment shall permit the inspection officer access to all portions of the establishment. All pertinent records and proof of valid State licensure for the establishment and all employee therapists shall be made available to the inspection officer for review. 60A-14 Penalty. Any violation of this chapter will be reported to the New Jersey Division of Consumer Affairs, Board of Massage and Bodywork Therapy, which may result in the revocation of State-issued ARTICLE TWO. Repealer, Severability and Effective Date. 1. Repealer. Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies. 2. Severability. In the event that any clause, section, paragraph or sentence of this Ordinance is deemed to be invalid or unenforceable for any reason, then the Township Council hereby declares its intent that the balance of the Ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the Ordinance. 3. Effective Date. This Ordinance shall take effect upon proper passage in accordance with the law. 4

5 EVESHAM TOWNSHIP COUNCIL Please take notice that the ordinance published herewith was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Evesham in the County of Burlington, State of New Jersey, held on January 12, 2016, and said ordinance will be further considered for final passage after public hearing at a meeting of said Township Council to be held on February 9, 2016, at 6:30 P.M. in the Municipal Complex, 984 Tuckerton Road, Marlton, New Jersey, at which time and place all persons interested will be given an opportunity to be heard concerning such ordinance. Mary Lou Bergh, RMC Township Clerk