[HISTORY: Adopted by the Council of the Borough of Fair Lawn 9-8-1992 by Ord. No. 1510-92. Amendments noted where applicable.]
The following words and phrases shall have the meanings ascribed to them in this section:
- The administration, by any person, of a 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.
- Any person, male or female, who administers a massage for any form of consideration.
No person, firm or corporation shall utilize or operate any premises in the Borough of Fair Lawn as or for a massage establishment unless or until there first has been obtained a license for such establishment or premises from the Municipal Clerk of the Borough of Fair Lawn in accordance with the terms and provisions hereof.
A license shall be effective for one year commencing January 1.
No person shall render or perform services as a massagist or engage in the business of or be employed as a massagist unless and until he or she has obtained a massagist's license from the Municipal Clerk of the Borough of Fair Lawn in accordance with the terms and provisions hereof. Said application shall contain a photograph or portrait of the applicant, together with a medical certificate showing said applicant to be in good health. A license shall be effective for one year commencing January 1.
Each and every applicant for a license, either for 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 Municipal Clerk:
The name and residence address of the applicant and all former addresses for a period of three years prior to the date of the application.
The address of the premises to be used as a massage establishment and a physical description of the property and facilities, if the application is for a license for a massage establishment.
If the applicant desires a massagist's license, a statement of all employment for a period of three years prior to the date of the application.
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. If the answer is yes, a description of the crime, the date of conviction, sentence imposed and jurisdiction where occurred shall be set forth.
Submit any additional information reasonably necessary to do a background check on each individual.
The following annual fees shall be submitted with each application or renewal application:
Massage establishment license: as set from time to time by resolution of the Borough Council.
Massagist license: as set from time to time by resolution of the Borough Council.
Each application for a license or the renewal thereof, either to operate a massage establishment or to engage in the business of or to be employed as a massagist, which is submitted to the Municipal Clerk shall require approval of the Mayor and Council before any license is issued. The Mayor and Council shall not approve such application if, on the basis of past criminal record of the applicant, or of the principals thereof if a corporation, or on the basis of other evidence of bad character or morals, it shall determine that the granting or renewal of such license would not be in the public interest.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
By a registered massagist, R.M.T. or A.M.T.A.
In the office of a licensed physician, chiropractor or physical therapist.
In a regularly established medical center, hospital or sanitarium having a staff which includes a licensed physician, chiropractors and/or physical therapists.
By any licensed physician, chiropractor or physical therapist in the residence of his/her patient.
In any establishment whose primary purpose is not the administration of massages and which, in addition, offers an overall health facility, which may include swimming, steam baths, sauna or exercise rooms.
[Added 12-13-2016 by Ord. No. 2413-2016]
Any person, firm, corporation or other entity found to be operating any establishment or utilizing any premises in the Borough of Fair Lawn as or for a massage and bodywork therapy establishment after having been denied a license or after failing to renew a license may be ordered closed by the Health Officer or his/her designee or the Chief of Police or his/her designee in addition to the general penalty provisions at Chapter 1, Article III, of this Code.
Licenses issued under this chapter may be suspended by the Health Officer or his/her designee, the Construction Official, the Fire Prevention Official or the Chief of Police or his/her designee, provided that the Health Officer is so notified within 24 hours, in accordance with § 144-8D or be revoked or suspended by the Borough Council, or by a hearing officer duly appointed by the Borough Council, after notice and a hearing, as applicable, for any of the following causes:
Fraud, misrepresentation or false statements in the application for the license.
Fraud, misrepresentation or false statements made in the course of carrying on the licensed business in the Borough.
Any violation of this section.
Conviction of or an arrest for an offense involving moral turpitude, any indictable offense, an offense involving sexual misconduct, keeping or residing in a house of prostitution and any offense involving dishonesty.
Conducting the licensed business in the Borough in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
Failure to submit a valid State of New Jersey Massage and Bodywork employer registration issued by the New Jersey Board of Massage and Bodywork Therapy.
Employing or otherwise licensing persons to perform massage or bodywork therapy in the establishment who are not currently licensed by New Jersey Board of Massage and Bodywork Therapy as massage and bodywork therapists.
The owner and/or operator or any employee refuses to license, hinders, or obstructs the Health Officer or his/her designee or any duly authorized police officer or other Borough official to inspect the premises or the operation therein.
Notice of the hearing for the revocation of a license shall be given in writing by the Municipal Clerk or Health Officer setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such license by simultaneous regular mail and certified mail, return receipt requested.
Such license may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer, Chief of Police, or other Borough official if, in his/her opinion, the conduct of the licensee is detrimental to the health, safety and general welfare of the Borough of Fair Lawn.
At the hearing before the Borough Council, or a hearing officer duly appointed by the Borough Council, the licensee shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Borough Council, or the hearing officer, the complaint may be dismissed, or if the Borough Council or the hearing officer concludes that the charges have been sustained and substantiated, it may suspend or revoke the license or deny reinstatement of the license, as applicable, and stipulate the conditions required for reinstatement of the license.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough, unless the application for such license shall be approved by the Borough Council.
A person, firm, corporation or other entity whose license has been revoked or suspended shall close the establishment and request all patrons to vacate the premises.
The massage and bodywork therapy establishment shall display its state-issued registration and the license issued by the Borough as well as the original or duplicate license, in accordance with N.J.A.C. 13:37A-3.4, of each and every massage and bodywork therapist employed in the establishment in an open and conspicuous space near the public entrance to the establishment and at eye level where they may be viewed by all entering the establishment. A two-inch by two-inch passport-sized color photo of the licensed therapist must be affixed to, in a manner not to obscure, the displayed license of each and every massage and bodywork therapist employed by the establishment. In addition, all therapists on site must have in their possession valid government-issued photo identification.
The Health Officer or his/her designee, the Police Chief or his/her designee, the Fire Prevention Officer or his/her designee and/or the Construction Official or his/her designee shall, from time to time, at least once a year, make an inspection of each massage and bodywork therapy establishment granted a license under the provisions of this section for the purpose of determining whether there is compliance with the provisions of this section and/or applicable rules, regulations and laws. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
The Health Officer and his/her designee and/or any police officer of the Borough and/or the Construction Official shall be the enforcement agents for purposes of any license/registration required by state law or required by this chapter.