[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.
For the purpose of this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
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.
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.
Any person, male or female, who administers a massage for any form
of consideration.
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.
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.
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.Â
The name and residence address of the applicant and all
former addresses for a period of three years prior to making the application.
B.Â
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.Â
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.Â
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.
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.
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.Â
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.Â
The applicant and any other person who will be directly
engaged in the management and operation of a massage establishment has been
convicted of:
C.Â
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.
The City Clerk shall approve the issuance of a massagist license unless
it is found that:
A.Â
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.Â
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.
The provisions of this chapter shall not apply to massage or physical
therapy treatments given:
A.Â
In the office of a licensed physician, chiropractor or
physical therapist.
B.Â
In a regularly established medical center, hospital or
sanatorium having a staff which includes licensed physicians, chiropractors
and/or physical therapists.
C.Â
By any licensed physician, chiropractor or physical therapist
in the residence of his patient.
D.Â
By any establishment or person having a certificate of
certification issued in accordance with N.J.S.A. 45:11-53 et seq.
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.
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.