[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor; see Ch. 1, General Provisions,
Art. I. Amendments noted where applicable.]
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.
No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of Little
Egg Harbor in the County of Ocean as or for a massage establishment
unless or until there first has been obtained a license for such establishment
or premises from the Township Clerk of the Township of Little Egg
Harbor, in accordance with the terms and provisions of this chapter.
[Amended 9-22-2011 by Ord. No. 2011-11]
No person shall render or perform services as
a masseur or masseuse or engage in the business of or be employed
as a masseur or masseuse unless and until he or she has obtained a
masseur’s or masseuse’s license from the State of New
Jersey in accordance with N.J.S.A. 45:11-73 et seq.
[Amended 9-22-2011 by Ord. No. 2011-11]
Each and every applicant for a license for a
massage establishment or premises shall set forth the following information
in writing on forms provided by the Township 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.
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.
[Amended 9-22-2011 by Ord. No. 2011-11]
The applicant for a license for a massage establishment
or premises shall pay an annual license fee of $100, which license
fee shall become due on the first of January in each year.
When an application is filed for a massage establishment
license under this chapter, the Township Committee shall fix a time
and a place for a public hearing where the applicant may present evidence
upon the question of his or her application. Not less than 10 days
before the date of such hearing, the Township Clerk shall cause a
notice of said hearing to be published in an official newspaper of
the Township.
A.
The Township Committee may issue a massage establishment
license within 14 days following a hearing if all requirements for
a massage establishment described in this chapter are met, unless
it is found:
(1)
That 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 Township of Little Egg Harbor.
(2)
That the applicant and any other person who will be
directly engaged in the management and operation of a massage establishment
has been convicted of:
(3)
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 Township of Little Egg Harbor.
[1]
Editor’s Note: Former § 234-8, Issuance of
masseur’s or masseuse’s license; exceptions, was repealed
9-22-2011 by Ord. No. 2011-11.
A.
Any license issued for a massage establishment may
be revoked or suspended by the Township Committee, after public hearing
before the Township Committee, where it is found that any of the provisions
of this chapter are violated and where the licensee has actual or
constructive knowledge of the violation or, in any case, where the
licensee refuses to permit any duly authorized police officer or Health
Inspector of the Township of Little Egg Harbor to inspect the premises
or the operations therein.
[Amended 9-22-2011 by Ord. No. 2011-11]
B.
The Township Committee, 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 Township Committee, at which time the licensee
may present evidence bearing upon the question. In such cases, the
charges shall be specific and in writing.
[1]
Editor’s Note: Former § 234-10, Suspension
or revocation of masseur’s or masseuse’s license, was
repealed 9-22-2011 by Ord. No. 2011-11.
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.
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
at 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
$2,000 and/or by a period of community service not exceeding 90 days,
in the discretion of the Judge of the Municipal Court.
