Denville tables action on massage parlor ordinance, for now - New Jersey Hills

[massage]

DENVILLE TWP. –Township Council members were poised to adopt a new ordinance regulating massage parlors and spas, but tabled action at the last minute after experts said its language was outdated and would, if enacted, supercede state laws now on the books.


The reconstituted law will be re-introduced sometime in January, after the township reorganizes. The matter was tabled when the council met on Nov. 22.


Introduced last month, the law is meant to keep out of town those businesses masquerading as therapeutic massage parlors when, in reality, they are houses of prostitution.


Once in effect, all employees of “massage, bodyworks and somatic therapy establishments” will have to be licensed and adhere to strict health code policies.


But during the Nov. 22 public hearing, Lake Arrowroad resident Larry Heisler, who is the director of the North Jersey Massage Training Center in Parsippany, beseeched council members to change the ordinance’s language prior to its adoption because it was outdated.


Heisler stressed massage therapists “were not just therapists,” but experts in alleviating various soft tissue conditions including back and tendon problems.


“We applaud the bill but the definitions are old,” he said.


Heisler was joined in his protest by Denville Commons attorney Joseph Basralian.


Basralian said the ordinance, as it was written, also canceled out a state law pertaining to the licensing of all massage business employees.


The township ordinance, as it now reads, mandates all employees would need to be licensed by the township except for massage therapists, who must be state-licensed to be employed.


However, Basralian said employees who provide waxes and facials should also be exempt from the township mandate because they, too, would already be state-licensed.


Basralian added the reference prohibiting cupping was also outdated, since the practice is gaining in popularity thanks to its use by U.S. Swim Team members during the 2016 Summer Olympics.


Cupping, according to Webmd. com, is defined as an ancient form of alternative medicine which involves placing a cup or other object on the skin to create a vacuum.


Basralian appeared at the hearing because a Hand & Stone Massage and Facial Spa franchise wants to move in to the Route 10 shopping center.


With him was spa owner Ken Silbert, who said he and his brother, who co- own eight of the day spa franchises in the state, are reluctant to bring their business to town unless the ordinance is revised.


Silbert’s issue was the 30-day waiting period for employees. The business is so competitive, he said, that potential employees would go elsewhere if they had to wait that long.


Enforcing a 30-day probation period he said, would solve the issue.


One member of the public, however, wanted them to adopt the ordinance that night.


Her voice shaking, West Main Street resident Kimberly Perez recounted how, soon after she moved into her home, she said men “would sporadically show up” asking if it was the Lake Spa.”


Not only that, Perez told of how, one day when she was outside with her teenage son, a man drove up her driveway on his motorcycle, stripped off his shirt, and said he was ready for “his massage.”


Perez said it was only after she Googled her address that she leaned it was similar to the Route 46 address of The Lake Spa, where in October two employees were arrested and charged with prostitution. The facility had also been the target of prior arrests in 2013 and 2014.


“I don’t feel safe. I’m begging you, please, adopt this ordinance,” she said.


Council members said they understood, but simply could not adopt the ordinance as it stood.


“We got to get it right,” said Councilman Donald Kuser


Councilman John Murphy agreed, but said “substantial change” was necessary.


‘Cut Down’


The ordinance aims to curb businesses like The Lake Spa, where two female employees, Shunzi Zhang, 47, of Landsale, Pa., and Jin Mingshun, 54, of Whitestone, N.Y., were both charged in what police said is a new investigation of the facility.


Zhang was charged with engaging in acts of prostitution. She was processed and released with a pending municipal court date.


Mingshun was served with a local ordinance summons at the scene for operating a sexually oriented business. She also has a pending court date in municipal court.


The following Friday, Police Chief Christopher Wagner said the ordinance “will help cut down on the number of illegal and unhealthy establishments in Denville.”


For the moment, police are tipped off about such establishments, said Wagner.


“The police department usually receives complaints about these establishments from neighbors or merchants who are nearby and begin to notice suspicious behavior not usually associated with other businesses — only single male patrons, late evening operations, dark or obstructed windows of the establishment,” he said.


Wagner added that the department then “conducts surveillance to determine the accuracy then takes necessary legal action.”


To date, the police “have done these operations about a half dozen times successfully,” he said.


In presenting the draft ordinance, Township Manager Steven Ward said the aim was to protect the public “and make sure employees are licensed and facilities meet public health requirements.”


Council members were on board with the idea, although there were some questions.


Council President Christopher Golinski asked if the $250 annual permit fee was too low.


“Is that adequate? Should we go higher?” he asked Ward.


Ward said it was adequate, since the township did not want “to place an undue burden” on businesses.


Kuser agreed with the fee. “This is the safety and welfare of the citizens of Denville,” he said.


Golinski then asked if the ordinance would apply to the township’s assisted senior facilities and St. Clare’s.


It wouldn’t, according to Township Attorney Paula DeBona, who was filling in for John Jansen.


Council members also mulled if they should hear any appeals associated with the ordinance, or hire an independent officer to do so.


“I feel very strongly” about this, said Golinski, suggesting the council conduct the hearings. “We don’t want someone else interpreting our thoughts.”


In the end, they opted to make that decision on a case by case basis.


Following the meeting, Ward said once the ordinance was adopted, then the “dozen or so” businesses that now offer massage services would also need to apply for licensing.


Once the ordinance is adopted, spas, salons and other businesses now offering massage therapy services or plan to do so will need to prove they are legitimate and that they have registered with the New Jersey Board of Massage and Bodywork Therapy.


An establishment will need to update files every 30 days if a new therapist comes on board.


The business will also need to meet stringent health standards. Equipment would need to be sterilized, patrons would need to be have privacy when changing clothes.


Facilities will not be allowed to provide sleeping quarters for employees or lock rooms.


Employees will not be allowed to inappropriately touch patrons. All employees will be required to wear non-transparent outer-garments.


Inspections will be held every six months and will be unannounced. Anyone who tries to block or hinder an inspection, such as placing a “compound locking mechanism” on doors will result in the revocation of the establishment’s license.


Let's block ads! (Why?)