[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands 6-26-2002 by Ord. No. 7-2002.
Amendments noted where applicable.]
A.
License required for massage/bodywork therapy establishment.
No person, corporation or business entity shall operate any establishment
or any premises in the Borough offering massage therapy, acupressure
therapy, reflexology or a bodywork therapy without such business obtaining
a massage/bodywork therapy establishment license from the Municipal
Clerk in accordance with the terms and provisions of this chapter.
Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.[1]
B.
License required for a therapist. No person shall
render or perform services of, or engage in the business of, or be
employed as, a massage therapist, bodywork therapist, acupressure
therapist, reflexologist, masseur or masseuse (therapist) without
obtaining a therapist license from the Municipal Clerk in according
with the terms and provisions of this chapter. A therapist may only
operate at a licensed establishment.
A.
Each and every application for an establishment license
or a therapist license shall provide the Municipal Clerk with satisfactory
evidence of:
(1)
The name and address of the applicant and all residences
used in the last three years;
(2)
Significant details of all employment in the last
three years; including but not limited to, business name, address,
phone, supervisor, time period, position, conditions of employment
and termination;
(3)
The applicant being 18 years of age or older;
(4)
Active professional membership in good standing with
the Associated Bodywork and Massage Professionals, or American Massage
Therapy Association.
B.
Additionally, for applicants desiring an establishment
license:
(1)
A statement as to whether or not the applicant, any
person or entity with an ownership interest in the business of 5%
or more, or any officer or director thereof, if a corporation, has
ever been convicted of a crime in this or any other state and any
details thereof;
(2)
The address of the premises where business will be
conducted, a physical description and sketch of the property and facilities,
and evidence that the business and use is permitted at that location.
C.
Additionally, for applicants desiring a therapist
license:
(1)
A statement as to whether or not the applicant has
ever been convicted of a crime in this or any other state and any
details thereof;
(2)
The address of the licensed establishment where they
will work;
(4)
A diploma or certificate of graduation from an approved
school or other institution of learning wherein the method, profession
and work of a therapist is taught.
(a)
The term "approved school or other institution of learning" shall
mean and include any school or institution of learning that complies
with the following criteria:
[1]
It has been accredited by either The Accrediting
Commission of Career Schools and Colleges of Technology or The Commission
on Massage Therapy Accreditation; or
[2]
It has been approved by the New Jersey Department
of Education; and
[3]
It shall require a course of study of not less
than 550 hours before the student shall be furnished with a diploma
or certificate of graduation from such school or institution of learning
showing the successful completion of such course of study or learning.
(b)
Schools offering correspondence courses and not requiring actual
class attendance shall not be deemed "approved school." It shall be
the responsibility of the applicant to provide the Municipal Clerk
with the information substantiating that the applicant meets the above
criteria.
D.
The Clerk shall have the right to confirm information
submitted.
Each application for a license, or the renewal
thereof, shall be approved by the Borough Council before any license
is issued. The Borough 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 evidence of bad character
or morals, or on the basis that the individual applicant or establishment
has violated this or any other Borough ordinance, it shall determine
that the granting or renewal of such license would tend to encourage
or permit criminal or immoral activities within the Borough.
The provisions of this chapter shall not apply
to massage, acupressure or physical therapy treatments, given:
B.
Any person, corporation or business violating the
provisions of this chapter may, at the discretion of the Borough Council,
have their license to operate and perform services suspended and/or
revoked. Any violation of an employee, agent or servant shall be deemed
a violation by the employer business.
