Borough of Edgewater, NJ
Bergen County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance also repealed former Ch. 494, Masseurs and Masseuses, adopted by the Board of Health 11-27-2000 by Ord.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Editor's Note: The former definition of "masseuse," which immediately followed this definition, was repealed 12-17-2012 by Ord.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Editor's Note: Former § 494-3, License required for masseuses, was repealed 12-17-2012 by Ord.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.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by Chapter 1, Article II, § 1-15, entitled "Violations and penalties," of the Code of the Borough of Edgewater.