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Boonton board of health asks council to adopt two ordinances after court guidance
Summary
The Equinox Regional Health Department has asked Boonton Town Council to adopt two model ordinances—one on retail electronic smoking devices and psychoactive‑substance establishments and one on licensing massage/bodywork businesses—because a recent New Jersey Superior Court decision raised questions about boards of health licensing authority.
The board of health has asked Boonton Town Council to adopt two proposed ordinances that the Equinox Regional Health Department drafted for municipalities in its jurisdiction, Council member Lopez (S2) said Feb. 2.
Lopez said the drafts cover (1) retail electronic smoking devices and psychoactive‑substance establishments and (2) licensing and regulation of massage and bodywork/somatic‑therapy establishments. The health department and municipal attorneys already reviewed the drafts, but Lopez said a recent New Jersey Superior Court decision cast doubt on whether boards of health have explicit authority to license business types not listed in NJSA 26; that decision did not dispute boards’ authority to regulate public‑health risks.
To avoid licensing‑authority questions, Lopez said the municipal attorney recommended the council adopt these ordinances rather than have the board of health adopt them directly. Lopez told the council the administration and finance committees plan to move the drafts through committee review next Monday, with introduction at a February meeting and final council vote targeted for the first meeting in March if members agree.
Lopez’s report concluded with a request for any questions; none were raised during the meeting.
