[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 357, Massage Parlors, adopted 11-9-1976 by Ord. No. 1606, as amended.
No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Toms River as or for a massage business unless and until there first has been obtained a license for such establishment or premises from the Township Clerk of the Township of Toms River in accordance with the terms and provisions of this chapter.
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 in the Township of Toms River unless and until he or she has obtained a masseur's or masseuse's license from the Township Clerk of the Township of Toms River, in accordance with the terms and provisions of this chapter.
Each and every applicant for a license, either for an establishment or premises to be used for a massage business or for a masseur's or masseuse's license, shall set forth the following information in writing on forms provided by the Township Clerk:
The name and address of the applicant and all former addresses for a period of three years prior to making the application.
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.
If the applicant desires a masseur's or masseuse's license, a statement of all employment for a period of three years prior to making 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.
Each applicant or the principals thereof shall have their fingerprints taken by the municipal Police Department, or may have a copy of their fingerprints previously taken by another police department of the State of New Jersey forwarded to the Police Department of this municipality. The Police Department shall forward a copy of said fingerprints to the New Jersey State Police or other governmental agencies for a report as to any criminal record of the applicant. Upon receipt thereof, such report shall be forwarded forthwith to the Township Clerk. Any information pertaining to the applicant in the records of the Police Department at the time of the application or thereafter shall also be sent forthwith to the Township Clerk.
[Amended 2-21-2017 by Ord. No. 4533-17]
The applicant for a license for an establishment or premises shall pay an annual license fee of $300, which license fee shall become due on the first day of March in each year, commencing January 1, 2018.
The applicant for a masseur's or masseuse's license shall pay an annual license fee of $200, which license fee shall become due on the first day of March in each year, commencing January 1, 2018.
Each application for a license or a renewal thereof, either to operate a massage establishment or premises or to engage in the business of or to be employed as a masseur or masseuse, which is submitted to the Township Clerk shall be approved by the Township Council before any license is issued. The Township Council shall not approve such application if, on the basis of the past criminal record of the applicant, or of the principals thereof, or on the basis of other credible evidence of bad character or morals, it shall be determined that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Township of Toms River. Conviction of a crime or offense, excluding petty disorderly offenses and/or traffic violations, shall constitute presumptively a lack of fitness, and other factors to be considered for rejection of a license shall include but not be limited to prior experience of the applicant in the area of massage parlor activities or in areas of public service, complaints received from the public as to the quality of service rendered by the applicant, complaints from the Police Department or other enforcement officials of the municipality as to the lack of cooperation on the part of the applicant in furnishing transportation or other services to the public or the furnishing of false information on the application or in connection therewith. Finally, the premises of the establishment must be in conformity with all codes of the Township of Toms River.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
In a regularly established medical center, nursing or convalescent home, hospital or sanatorium having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapists.
By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his or her patient.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by imprisonment for a term not exceeding 90 days or by a fine not exceeding $2,000, or both, in the discretion of the court.