City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 10-16-2001 by Ord. No. 6235-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health Department — See Ch. 47.
Uniform Construction Codes — See Ch. 197.
Obscene materials — See Ch. 335.
Zoning — See Ch. 461.
[1]
Editor's Note: This ordinance provided that it shall not apply to existing massage establishments or massagists until 2-1-2002.

§ 309-1 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
MASSAGE
The administration by any person or method of exerting or applying pressure, friction, moisture, heat or cold to the human body, or the rubbing, stroking, kneading, pounding or tapping of the human body by any physical or mechanical means for any form of consideration.
MASSAGE ESTABLISHMENT
Any establishment or operation wherein a massage is administered or is permitted to be administered, when such massage is administered for any form of consideration.
MASSAGIST
Any person, male or female, who administers a massage for any form of consideration.

§ 309-2 License required for establishments.

No person, firm or corporation shall operate any establishment or utilize any premises in the City of Clifton in the County of Passaic as or for a massage establishment unless or until there first has been obtained a license for such establishment or premises from the City Clerk of the City of Clifton in accordance with the terms and provisions of this chapter.

§ 309-3 License required for massagists.

No person shall render or performs services as a massagist or engage in the business or be employed as a massagist unless and until he or she has obtained a massagist's license from the City Clerk of the City of Clifton in accordance with the terms and provisions of this chapter. Said application shall contain a photograph or portrait of the applicant.

§ 309-4 Application requirements.

Each and every applicant for a license, either for an establishment or premises, to be used for a massage establishment or for a massagist's license shall set forth the following information in writing on forms provided by the City Clerk:
A. 
The name and residence address of the applicant and all former addresses for a period of three years prior to making the application.
B. 
The address of the establishment or premises to be used in the massage business and a physical description of the property and facilities if the applicant desires a license for said establishment or premises.
C. 
If the applicant desires a massagist's license, a statement of all employment for a period of three years prior to making the application.
D. 
A statement as to whether or not the applicant, or any officer or director thereof, if a corporation, has ever been convicted of a crime in this or any other state.

§ 309-5 Fees.

The applicant for a license for a massage establishment or premises shall pay an annual license fee of $150, which license fee shall become due on the first of January in each year. The applicant for a massagist's license shall pay an annual license fee of $50, which license fee shall become due on the first of January in each year.

§ 309-6 Issuance of establishment license; exceptions.

The Municipal Council shall approve the issuance of a massage establishment license if all requirements for a massage establishment described in this chapter are met, unless it is found that:
A. 
The operation as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, the Building, Health, Housing, Zoning and Fire Codes of the City of Clifton.
B. 
The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
(1) 
A felony.
(2) 
An offense involving sexual misconduct.
(3) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
C. 
Based on the past criminal record of the applicant, or the principal thereof, or based on other evidence of bad character or morals, it is found that the granting or renewal of the license would tend to encourage or permit criminal or immoral activities within the City of Clifton.

§ 309-7 Issuance of massagist license; exceptions.

The City Clerk shall approve the issuance of a massagist license unless it is found that:
A. 
The applicant has been convicted of:
(1) 
A felony.
(2) 
An offense involving sexual misconduct.
(3) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
B. 
Based on the past criminal record of the applicant or based on other evidence of bad character or morals, it is found that the granting or renewal of the license would tend to encourage or permit criminal or immoral activities within the City of Clifton.

§ 309-8 Suspension or revocation of establishment license.

A. 
Any license issued for a massage establishment may be revoked or suspended by the Municipal Council, after a public hearing before the Municipal Council, where it is found that any of the provisions of this chapter are violated or where the licensee, including a masseur or masseuse, has been convicted of any offense found in § 309-7A and the licensee has actual or constructive knowledge of the violation or conviction or, in any case, where the licensee refuses to permit any duly authorized police officer or Health Inspector of the City of Clifton to inspect the premises or the operations therein.
B. 
The Municipal Council, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against the licensee and the opportunity for a public hearing before the Municipal Council, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

§ 309-9 Exceptions.

The provisions of this chapter shall not apply to massage or physical therapy treatments given:
A. 
In the office of a licensed physician, chiropractor or physical therapist.
B. 
In a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists.
C. 
By any licensed physician, chiropractor or physical therapist in the residence of his patient.
D. 
By any establishment or person having a certificate of certification issued in accordance with N.J.S.A. 45:11-53 et seq.

§ 309-10 Signs.

A recognizable and legible sign shall be posted at the main entrance to any building or to the portion of a building used as a massage establishment identifying the premises as a massage establishment, and recognizable and legible signs shall be posted in all exits identifying each such exit. All such signs shall be posted in accordance with all existing municipal ordinances.

§ 309-11 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding 90 days, by a fine not exceeding $1,000 and/or by a period of community service not exceeding 90 days, in the discretion of the Judge of the Municipal Court.