[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater 5-21-2012 by Ord. No. 1471-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
494, Masseurs and Masseuses, adopted by the Board of Health 11-27-2000
by Ord. No. 2000-6, as amended.
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
- MASSAGE
- 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.
- 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.[1]
[1]
Editor's Note: The former definition of "masseuse," which
immediately followed this definition, was repealed 12-17-2012 by Ord.
No. 1486-2012.
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Edgewater in the County
of Bergen as or for a massage establishment unless or until there
first has been obtained a license for such establishment or premises
from the Board of Health of the Borough of Edgewater in accordance
with the terms and provisions of this chapter.
[1]
Editor's Note: Former § 494-3, License required
for masseuses, was repealed 12-17-2012 by Ord. No. 1486-2012.
[Amended 12-17-2012 by Ord. No. 1486-2012]
Each and every applicant for a license to be used for a massage
establishment shall set forth the following information in writing
on forms provided by the Board of Health Secretary:
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.
Proof of receipt of a license as a massage and bodywork therapy business/employer
from the State of New Jersey.
[Amended 12-17-2012 by Ord. No. 1486-2012]
The applicant for a license for a massage establishment or premises
shall pay an annual license fee of $750, which license fee shall become
due on the first of January in each year.
[Amended 12-17-2012 by Ord. No. 1486-2012]
The Board of Health shall approve the issuance of a massage
establishment license if all requirements for massage establishment
described in this chapter are met, unless it is found 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 Borough of Edgewater.
[1]
Editor's Note: Former § 494-7, Issuance of masseuse
license; exceptions, was repealed 12-17-2012 by Ord. No. 1486-2012.
A.
Any license issued for a massage establishment may be revoked or
suspended by the Board of Health, after a public hearing before the
Board of Health, where it is found that any of the provisions of this
chapter is violated.
[Amended 12-17-2012 by Ord. No. 1486-2012]
B.
The Board of Health, 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 Board of Health, 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 § 494-9, Requirements for
operator's license, was repealed 12-17-2012 by Ord. No. 1486-2012.
[1]
Editor's Note: Former § 494-10, Requirements for
premises license, was repealed 12-17-2012 by Ord. No. 1486-2012.
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 a licensed physician, chiropractor or physical therapist in the
residence of his patient.
D.
By an 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.