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Article VIII, Massage, Bodywork and Somatic Therapy Establishments, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

ARTICLE VIII. – MASSAGE, BODYWORK AND SOMATIC THEREAPY ESTABLISHMENTS

Sec. 24-220. – Purpose.

The purpose of this Article is to protect and preserve the health, safety and welfare of the residents of the Township of Randolph and the patrons of massage, bodywork and somatic therapy establishments located in the Township of Randolph.

Sec. 24-221. - Definitions.

The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning:

EMPLOYEE - Any person who is hired to work in a massage, bodywork or somatic therapy establishment whether for compensation or not.

MASSAGE, BODYWORK AND SOMATIC THERAPIES - Any system or activity of structured touch which includes, but is 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 applications 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 and licensed pursuant to the provisions of the Massage, Bodywork, and Somatic Therapist Certification Act codified at 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 for any form of consideration.

Sec. 24-222. - Conformance with regulations; more restrictive laws control. 

1. No person, firm, corporation or other entity shall operate any establishment or utilize any premises located in the Township of Randolph as or for a massage, bodywork and somatic therapy establishment without complying with the requirements of this Article, as well as the statutes and regulations of the State of New Jersey, including N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.l et seq., as the same may be amended and supplemented from time to time.

2. In all allied matters that are regulated by the laws of the State of New Jersey, the provisions of state law shall control where the requirements of state law are more stringent or restrictive than the regulations set forth in this Article. This Article shall control in all cases where the state law requirements are less stringent or less restrictive than the regulations herein contained.

Sec. 24-223. - License 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 New Jersey Board of Massage and Body Work Therapy pursuant to the terms and provisions of N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-1.1 et seq., as the same may be amended and supplemented from time to time.

Sec. 24-224. - Requirements applicable to massage, bodywork and somatic therapy establishments. 

(a) All massage, bodywork and somatic therapy establishments operating in the Township of Randolph shall supply the Township of Randolph Board of Health with the following information by January 1^st of each year or, for new establishments, prior to commencing operations:

1. The business name and type of ownership of the business, i.e., whether individual sole proprietorship, partnership, limited-liability partnership or company, corporation or any other form of business organization.
2. The trade name under which the business is to be conducted.
3. The address where business is to be conducted and all telephone numbers associated with the establishment, including facsimile, and email addresses.
4. Proof of comprehensive general liability insurance in the minimum amount of $1,000,000 per occurrence and professional liability insurance in the minimum amount of $1,000,000.
5. The following personal information shall be provided: if a sole proprietorship, for the individual; if a corporation, for each stockholder holding 10% or more stock of the corporation and each officer and each director; if an LLC or LLP, for each member or partner, including limited members or partners; if a partnership, for each partner, including limited partners; and for the manager or other person principally in charge of the operation of the establishment:

1. The name, nickname, and/or alias, complete residence address and residence telephone number of such person(s).
2. Copy of a current driver's license or other government-issued photo ID.
3. Three front-face portrait photographs taken annually which shall be approximately two inches by two inches in size (passport size).  The full legal name and any nicknames or aliases of the individual in the photograph shall be legibly printed on the rear side of each photograph submitted.
4. All prior arrests, criminal convictions, and offense convictions other than traffic violations, fully disclosing the jurisdiction in which the arrest or conviction occurred along with details on the offense, the arrest and/or the conviction and the circumstances thereof.

6. A copy of a current State of New Jersey massage and bodywork employer registration issued by the New Jersey Board of Massage and Body Work Therapy (hereinafter "State Board"). If the establishment is in the process of obtaining or renewing an employer registration with the State Board, the applicant may submit other evidence from the State Board that an application for employer registration has been made and a final decision is pending; provided, however, that within five calendar days of the date of a final decision by the State Board on the application for an employer registration, the establishment shall notify the Township of Randolph Board of Health of the State Board's final decision, and if the establishment's employer registration has been approved, the establishment shall submit a copy of the employer registration issued by the State Board to the Township of Randolph Board of Health.

(b) In addition to the aforesaid items, the establishment shall provide the following items for all current therapists and employees of the establishment:

1. A complete list of the names, including nicknames, and/or aliases, and residence addresses of all massage, bodywork and somatic therapists and all other employees of the establishment and the name and residence address of the manager or other person principally in charge of the operation of the establishment. It shall be the responsibility of the owner/operator to maintain an updated employee list and provide same to the Township Board of Health's office. The Township Board of Health shall be notified in writing within seven (7) days, transmitted by regular mail, email or facsimile, of any and all changes to the list. Upon receipt of an updated employee list, the Township Board of Health shall submit a copy of the list to the Health Officer and the Chief of Police. The establishment shall maintain a copy of the list on the premises at all times and make the list available during all inspections to the Health Officer or his/her designee and to any Township police officer or official.
2. Copies of all massage, bodywork, and somatic therapist's license(s)/certification(s) issued by the New Jersey Board of Massage and Body Work Therapy for all employees of the establishment.
3. Copies of a driver's license, passport, or other government-issued photograph identification for each employee and massage, bodywork, and somatic therapists employed by the establishment. The copies shall be of such quality so that the employee or therapist is readily identifiable from the photograph.
4. Three front-face portrait photographs taken annually for all employees and massage, bodywork and somatic therapists of the establishment which shall be approximately two inches by two inches in size (passport size). The establishment shall legibly print the full legal name, any nicknames or aliases, and date of birth of the individual in the photograph on the rear side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than traffic violations for prospective employees, fully disclosing the jurisdiction in which the arrest or conviction occurred along with details on the offense, the arrest and/or the conviction and the circumstances thereof.
6. A notarized statement attached to the list required in Paragraph (1) above shall be provided 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 N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-l. 1 et seq., as the same from time to time may be amended and supplemented.

 The establishment shall submit to the Township Board of Health an amended or new notarized statement at the time any new massage, bodywork, and somatic therapist or employee is hired.

Sec. 24-225. - Approvals required prior to hiring of new employees. 

(a) Upon hiring any new therapists or employees, the establishment shall submit the items listed below for the therapists or employees to the Township Board of Health's office:

1. A list of the names, including nicknames, and/or aliases, and residence addresses of the therapist or employee on a form provided by the Board of Health and available at the Township Board of Health's office.
2. Copies of all massage, bodywork, and somatic therapist licenses issued by the New Jersey Board of Massage and Body Work Therapy for any massage, bodywork, or somatic therapist.
3. Copies of a driver's license, passport, or other government-issued photograph identification for the therapist or employee. The copy shall be of such quality so that the therapist or employee is readily identifiable from the photograph.
4. Three front-face portrait photographs taken within thirty (30) days of the date of hire for all employees and massage, bodywork and somatic therapists of the establishment, which shall be approximately two inches by two inches in size (passport size). The establishment shall legibly print the full legal name, any nicknames or aliases, and date of birth of the individual in the photograph on the rear side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than traffic violations for the therapist or employee, fully disclosing the jurisdiction in which the arrest or conviction occurred along with details on the offense, the arrest and/or the conviction and the circumstances thereof.
6. A notarized statement attached to the list required in Paragraph (1) above shall be provided 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 N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37A-l. 1 et seq., as the same from time to time may be amended and supplemented.

The establishment shall submit to the Township Board of Health an amended or new notarized statement at the time any new massage, bodywork, and somatic therapist is hired.

Sec. 24-226. - Criminal background check required. 

(a) Before commencing operations for new establishments and annually for existing establishments, the establishment - if a sole proprietorship, the individual; if a corporation, each stockholder holding 10% or more stock of the corporation and each officer and each director; if an LLC or LLP, each member or partner, including limited members or partners; if a partnership, each partner, including limited partners; and the manager or other person principally in charge of the operation of the establishment - shall respond to the Township's Police Department with current driver's licenses or other government-issued photo identification. The establishment shall be provided with fingerprint forms from a fingerprint vendor authorized by the State of New Jersey. The establishment, at the establishment’s expense, shall respond to the authorized fingerprint vendor's location for fingerprint checks.

(b) Before commencing operations for new establishments and annually for existing establishments, all massage, bodywork, or somatic therapists, and other employees of the establishment, shall respond to the Township's Police Department with current driver's licenses or other government-issued photo identification. The therapists or other employees shall be provided with a fingerprint form from a fingerprint vendor authorized by the State of New Jersey. The employees, at the employees’ or the establishment's expense, shall respond to the authorized fingerprint vendor's location for fingerprint checks.

(c) Prior to being employed as a new massage, bodywork, or somatic therapist or in any other capacity by an establishment, the therapist or employee shall be required to respond to the Township's Police Department with a current driver's license or other government-issued photo identification. The therapist or employee shall be provided with a fingerprint form from a fingerprint vendor authorized by the State of New Jersey. The prospective therapist or employee, at the prospective employee's or the establishment's expense, shall respond to the authorized fingerprint vendor's location for a fingerprint check

Sec. 24-227. - Other Township approvals required. 

(a) In the event the establishment requires Planning Board or Board of Adjustment approval of an application for development in accordance with the laws of the State of New Jersey, upon completion of the Planning Board or Board of Adjustment hearing and procedures on the application for development as required by law, the Planning Board or Board of Adjustment shall notify the Township Board of Health of the Board's decision on the application for development.

(b) The Township Zoning Officer, Construction Official and subcode officials, Fire Prevention Official, and any other pertinent officials shall make or cause to be made an inspection of the premises to ensure compliance with applicable Township and State of New Jersey laws and regulations.

Sec. 24-228. - Display of licenses and employer registration. 

(a) All licenses issued by New Jersey Board of Massage and Body Work Therapy to massage, bodywork, and somatic therapists employed by the establishment or otherwise permitted to work at the establishment shall be displayed in accordance with the provisions of N.J.A.C. 13:37A-3.4, as the same may be amended and supplemented from time to time.

(b)  A copy of the current State of New Jersey massage and bodywork employer registration issued by New Jersey Board of Massage and Body Work Therapy shall be displayed at the establishment at all times.

Sec. 24-229. - Plans required prior to construction, alterations or renovation; approval. 

1. Prior to the initial construction and/or any subsequent alteration or renovation of an establishment, a floor plan detailing the proposed layout of all equipment and areas shall be submitted to the Township's Health Officer by the establishment. Such plans shall be drawn to scale.
2.  Upon receipt of such plans, the Township's Health Officer shall review the plan for compliance with this Article within sixty (60) days of receipt.
3.  The establishment shall pay the plan review fees set forth in Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph to the Board of Health's office simultaneously with the submission of the plans to be reviewed.
4.  No construction, alterations, or renovations shall occur until approval of said plans has been provided by the Township's Health Officer.
5.  No construction, alterations, or renovations shall occur until the said plans have also been approved by the Township Zoning Officer, Construction Official or other departments under all applicable Township ordinances, and the Planning Board or Board of Adjustment, if required.

Sec. 24-230. - Operating and sanitary requirements. 

(a) Every massage, bodywork, and somatic therapy establishment shall comply with the following sanitary and operational requirements:

1. Every portion of the massage, bodywork and somatic therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
2. The hours of operation for the establishment shall be posted conspicuously and unobstructed where these may be viewed from the outside of the establishment. The following signage shall be posted conspicuously and unobstructed in the reception area where these may be viewed by patrons:

(i) Price rates for all services provided by the establishment.

(ii) A sign reading: "Consumer complaints regarding this establishment may be made by calling the Township of Randolph Township Board of Health's office" along with the telephone number for the Township Board of Health's office. All lettering for the sign shall be a minimum height of two inches and shall contrast in color to the background of the sign.

3. The public entrance to the establishment and any door leading to areas wherein corridors for rooms where massage, bodywork, or somatic therapy work areas are located shall be unlocked while the establishment is providing services to clients. Use of remote locking and unlocking systems and/or intercom systems to permit entry into the establishment is prohibited.
4. A landline telephone shall be made available in the establishment. Emergency telephone numbers for EMS, the Township's Police Department, Fire Department, and Health Department along with "9-1-1" shall be posted conspicuously and unobstructed from view adjacent to the telephone.
5. All employees, including any therapists, shall, at all times while on the business premises, wear clean, nontransparent outer garments solidly covering the shoulders and extending to the base of the neck and extending four inches or less above the elbows. Skirts, mini-skirts, and dresses shall not be worn by any employee at any time while on the premises and only trousers or pants may be worn while on duty. Further, under no circumstances shall these garments permit the genitals, pubic area, abdomen, back, buttocks, breast, cleavage, or chest to be exposed. All employees shall wear shoes while on the premises during business hours.
6. All employees shall wear name tags which are of durable design while on the premises bearing their first and last names. Name tags shall be displayed visibly on the upper portion of the shirt on either right or left side.
7. Dressing rooms for clients shall be provided on the premises. Doors to such dressing rooms shall open inward and shall be self-closing. This requirement shall not apply to establishments which do not have dressing rooms on the premises as of this Article's adoption provided that:

(i) The owner provides detail in writing to the Health Officer on the establishment's current arrangements and facilities to permit clients to disrobe and change;

(ii) Dressing rooms shall be provided in establishments operating prior to the adoption of this Article if the establishment undergoes extensive renovations or changes ownership; and

(iii) Dressing rooms shall be required in new establishments which open after the adoption of this Article.

8. Rooms wherein massage, bodywork, or somatic therapy is provided shall not have any type of locking device nor shall such rooms be locked while occupied by a client and the therapist. This requirement shall not preclude the establishment from using signage on the exterior side of the door to the room to indicate when said room is occupied by a client and a therapist.
9. Locker facilities provided for use by patrons shall be fully secured for the protection of the patron's valuables, and the patron shall be given control of the key or other means of access.
10. All massage, bodywork, and somatic therapy establishments shall have clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner. Receptacles with lids shall be provided for the depositing of soiled and used linens. Such receptacles shall be kept clean and shall be of a nonabsorbent and easily cleanable design. All clean linens shall be stored in such a manner so as to prevent contamination.
11. Towels, coverings, and linens shall be laundered either by a commercial laundering service or laundered on site. Laundering machines used on site shall be in working order and supplied with hot and cold water. Soiled linens and draping materials washed on site shall be washed in clothes washing machine, in hot water with detergent and at least one cup of bleach or an antibacterial agent. A clothes dryer shall be provided on site when laundering machines are provided in the establishment and such dryers shall be in working order. All laundered towels, coverings, draping materials and linens shall be dried on the highest heat setting of the establishment's clothes dryer.
12. Only tables or chairs which were specifically designed by the manufacturer for massage, bodywork, or somatic therapy and which are easily cleanable and nonabsorbent shall be used in the establishment for rendering such therapies.
13. The patron's genitals, pubic area, anus, and female patron's breast below the point immediately above the top of the areola must be fully draped at all times while any employees of the business or establishment are in the room where the massage therapy, bodywork, or somatic therapy will be performed.
14. The presence or use of table showers in the establishment shall be prohibited. Establishments with table showers as of the adoption of this Article shall have ninety (90) days from the date this Article is adopted to fully remove such table showers from the establishment.
15. All walls, ceilings, floors, showers, bathtubs, steam rooms 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 shower compartments and toilet rooms shall be thoroughly cleaned each day the establishment is in operation. Bathtubs and showers shall be kept dry, clean and sanitary.
16. Oils, creams, lotions and other preparations used in administering massage, bodywork and somatic therapies shall be kept in clean and closed containers. If such oils, creams, lotions, and other preparations are placed in smaller containers for individual use by the therapist, the product manufacturer's container with the manufacturer's label from which the product originated shall be available on site. When a liquid, cream, or other preparations are to be used on or made available for use directly by a patron, these shall be removed from the container in such a way as not to contaminate the remaining portion in the container.
17. Any combs, brushes, or other personal items of grooming or hygiene that are provided for the use of patrons shall be fully disposable and shall not be used by more than one patron.
18. No patrons shall be allowed to use any shower facilities within the establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flips-flops that are provided for the use of patrons shall be either fully disposable or if used by more than one patron, shall be fully disinfected after each use in a manner approved by the Health Officer or his/her designee.
19. The following activities shall not be permitted in a massage establishment:

(i) Ear candling.

(ii) All procedures and services that involve ear picks, ear scoops and ear spoons.

(iii) Cupping, or applying the open end of a glass vessel or vessel of another material onto the client's skin and utilizing an open flame to heat the vessel.

(iv) Any activities or therapies that utilize any form of terrestrial or aquatic animals during therapy including but not limited to fish foot spas.

(v) Any activities or therapies that utilize animal waste or products that contain animal waste as an ingredient.

(vi) Colon cleansing.

20. Animals, except for Seeing Eye, hearing, and/or service animals, shall not be permitted in the massage work area.
21. Before administering a massage, bodywork or somatic therapy to a patron, the therapist shall wash his or her hands in warm running water, using a proper soap or disinfectant, and lather vigorously for no less than twenty (20) seconds while paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, and creating friction on the surfaces of the hands and arms, finger tips, and areas between the fingers. Hand drying shall be accomplished by use of disposable paper towels or an electric hand-drying device. Use of common cloth towels for hand drying shall be prohibited.
22. All restroom and workstation handwashing sinks are to be stocked with liquid hand soap and paper towels. Common towels shall be prohibited in restrooms. Handwashing sinks shall be readily accessible to all workstations. Dispensers for soap and paper towels shall be wall-mounted. Handwashing signs provided by the Health Department must be posted conspicuously at all handwashing sinks.
23. No massage, bodywork or somatic therapy establishment shall knowingly serve any patron infected with any parasitic infections such as pediculosis or scabies and/or fungal, bacterial, or other skin infections, nor shall service be performed on any patron exhibiting skin inflammation or eruptions; provided, however, that a duly licensed physician may certify that a person may be safely provided with a massage, bodywork or somatic therapy, prescribing the conditions thereof.
24. The establishment shall submit a disinfection/sterilization plan for nondisposable instruments and materials used in administering massages, bodywork and/or somatic therapies to the Health Officer for approval and must operate in compliance with an approved plan. Such nondisposable instruments and materials shall be disinfected after use on each patron and stored in a clean and sanitary manner. Ample supplies of the disinfectant and/or sanitization agents approved by the Health Officer shall be available in the establishment at all times. All such agents shall be stored in their original container, shall bear the manufacturer's label, and shall be used in a manner consistent with the manufacturer's instructions.
25. Restroom doors shall be self-closing and each restroom shall be provided with an easily cleanable, nonabsorbent, and covered waste receptacle. The exterior portion of the door to the restroom shall be clearly marked with a sign identifying the gender for which the restroom is designated for use. If the restroom is designated for unisex use, the exterior portion of the door shall be clearly marked as being designated for both genders. All toilets shall be in working order. All showers shall be in working order. All sinks and showers in the establishment shall be supplied with hot and cold running water. Hot and cold water at handwashing sinks shall dispense water from a single faucet under pressure. Hot and cold water in showers shall dispense under pressure.
26. The establishment shall be kept free of vermin and conditions which are conducive to the breeding, feeding, and harboring of vermin. Extermination services shall only be performed by a licensed exterminator.
27. Garbage and waste generated shall be kept in nonabsorbent and easily cleanable waste receptacles. Waste receptacles in rooms where services are rendered to patrons shall be lined with plastic disposable bags and shall be supplied with lids which can be opened with a foot pedal. All waste containers shall be maintained in a sanitary manner, shall not be permitted to overflow, and shall be maintained in such a manner so as to prevent the entry of vermin. All outside garbage and waste storage areas shall be maintained in a sanitary manner at all times. All waste receptacles stored outside shall be covered and shall be maintained in good condition and be of such design so as to prevent the entry or feeding of vermin.

Sec. 24-231. - Sleeping quarters. 

1. 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.

2. Beds or mattresses shall not be permitted on the premises.
3. All employees, including therapists, are prohibited from sleeping on the premises at all times.

Sec. 24-232. – Smoking prohibited.

No smoking shall be permitted on the premises.

Sec. 24-233. - Prohibited acts. 

1. At no time shall clients and any employee(s) of the establishment simultaneously occupy any dressing room in the establishment, restroom, steam rooms, dry heat, vapor, or shower and/or bathing rooms. In the event a client requires toiletries, towels, or other items, the items shall be passed to the client through the door into such rooms by the employee who shall remain outside of the room while the items are passed to the client.
2. It shall be unlawful for any person knowingly, in a massage, bodywork or 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 female patron's breast or the sexual or genital area of any other person. No massage, bodywork or somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of a female patron's breasts or the patron's sexual or genital area.
3. No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by 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 and 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 Section.
4. Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a violation of the aforementioned statutes and laws shall devolve upon the owner or manager of such establishment.

Sec. 24-234. - Exceptions.

(a) The provisions of this article shall not apply to massage, bodywork or somatic therapies given:

1. In the office of a licensed physician, chiropractor or physical therapist;
2. By a regularly established medical facility having a staff which includes licensed physicians, chiropractors and/or physical therapists;
3. By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or
4. By a licensed barber or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or upper part of the body, and manicurists and pedicurists, as set forth in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:SB-l et seq.

Sec. 24-235. - Inspections; access to premises. 

The Health Officer and his/her designee shall, from time to time, at least once a year, make unannounced inspections of each massage, bodywork and somatic therapy establishment for the purpose of determining compliance with the provisions of this Article and/or applicable rules, regulations, and laws. Such inspection shall be made at reasonable times and in a reasonable manner.

1. Any duly appointed Township police officer shall be permitted to enter upon and inspect the premises for compliance with this Article.
2. All parts of the establishment shall be made accessible to the Health Officer or his/her designee and any duly appointed Township police officer.
3. It shall be unlawful for any establishment, therapist or employee to hinder, impede, or fail to allow the Health Officer or his/her designee, any duly appointed Township police officer, or official needing to perform an inspection, access to all areas of the establishment.
4. The establishment shall pay an inspection fee in the amount set forth in Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph for each inspection.

Sec 24-236. - Inspection placard; posting of placard. 

(a) Immediately upon the conclusion of the inspection, the Health Officer shall issue an evaluation placard of the establishment and leave the original copy of the inspection report form with the person in charge of the establishment at the time of the inspection.  The evaluation placard shall identify that the establishment is one of the following:

1. "Satisfactory:" The establishment is found to be operating in substantial compliance with this Article and the establishment, therapists and employees have demonstrated that they are aware of the licensing, operational, and sanitary requirements outlined in this Article;
2. "Conditionally Satisfactory:" At the time of the inspection the establishment was found not to be operating in substantial compliance with this Article and was in violation of one or more provisions of this Article. Due to the nature of these violations, a reinspection shall be scheduled. The reinspection shall be conducted at an unannounced time. A full inspection shall be conducted at the time of reinspection. Opportunity for reinspection shall be offered within a reasonable time and shall be determined by the nature of the violation; or
3. "Unsatisfactory:" Whenever an establishment is operating in violation of this Article, with one or more violations of this Article that constitute gross insanitary or unsafe conditions, which pose an imminent health hazard, and/or violations of this Article which serve as grounds for closure, the Health Officer or his/her designees shall issue an unsatisfactory evaluation. The Health Officer shall immediately request that all operations cease until it is shown on reinspection that conditions which warrant an unsatisfactory evaluation no longer exist.

(b) The person in charge of the establishment at the time of the inspection shall post the evaluation placard of the most recent evaluation made by the Health Officer. The evaluation placard shall be posted immediately in a conspicuous place near the public entrance of the establishment in such a manner that the public may fully view the placard.

(c) Inspection reports provided by the Health Officer shall be kept on the premises for a minimum of three years from the date of issuance and shall be provided upon request to any member of the public or any Township official.

Sec. 24-237. - Reinspection fee.

(a) For any establishment which requires reinspection as a result of a classification as "conditionally satisfactory" or "unsatisfactory," a reinspection fee in the amount set forth in Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph shall be paid prior to the reinspection. A reinspection fee shall also be required for any subsequent "conditionally satisfactory" or "unsatisfactory" classifications issued at the conclusion of a reinspection.

(b) For repeat violations, a reinspection fee in the amount set forth in Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph shall be paid per violation. A violation shall be deemed a repeat violation if the owner or person in charge of an establishment under the provisions of this Article fails:

1. To properly correct or abate a violation after having been notified verbally and in writing during a previous inspection or complaint investigation; and/or
2. To take proper measures to prevent the reoccurrence of a violation after having been notified verbally and in writing during a previous inspection or complaint investigation.

Sec. 24-238. - Violations and penalties. 

Any person who violates any provision of this Article shall be subject to the general penalty set forth in Section 1-7 of the Revised Ordinances of the Township of Randolph.

Sec. 24-239. - Enforcement agent. 

The enforcement agents for this Article shall be the Health Officer or his/her designee and any duly appointed Township police officer.

The fees applicable to massage establishments set forth in the Health Section of Appendix A, Fee Schedule, of Revised Ordinances of the Township of Randolph are hereby deleted in their entirety and replaced by the following:

All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

This Ordinance shall take effect as provided by law.