[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 6-27-1988 by Ord. No. 20-88; amended in its entirety by the Township Council 10-9-2007 by Ord. No. 34-07 (Ch. 75A of the 1972 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licensing of businesses — See Ch. 251, Art. I.
Public health nuisances — See Ch. 474.
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.
MASSAGIST
Any person, male or female, who administers a massage for any form of consideration.
No person, firm or corporation shall operate any establishment or utilize any premises in the Township of Jackson 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 Jackson, in accordance with the terms and provisions of this chapter.
No person shall render or perform services as a massagist or engage in the business of or be employed as a massagist unless and until he or she has obtained a massagist's license from the Township Clerk of the Township of Jackson in accordance with the terms and provisions of this chapter. Said application shall contain a photograph of the applicant, together with a medical certificate showing said applicant to be in good health.
Each and every applicant for a license, either for an establishment or premises, to be used for a massage establishment or for a massagist's license 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. 
If the applicant desires a massagist's license, a statement of all employment for a period of three years prior to making the application.
D. 
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.
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. The applicant for a massagist's license 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 Council 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 Council 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) 
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 Jackson.
(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:
(a) 
A felony.
(b) 
An offense involving sexual misconduct with children.
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
(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 Jackson.
B. 
The Township Council in its discretion may issue a license to any person convicted of any of the crimes in Subsection A(2)(a), (b) and (c) if it is found that such conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent convictions.
A. 
The Township Council may issue a massagist's license within 21 days following application, unless it is found:
(1) 
That the applicant has been convicted of:
(a) 
A felony.
(b) 
An offense involving sexual misconduct with children.
(c) 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
(2) 
Based on the past criminal record of the applicant 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 Jackson.
B. 
The Township Council, in its discretion, may issue a license to any person convicted of such crimes if it finds that such conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent convictions.
A. 
Any license issued for a massage establishment may be revoked or suspended by the Township Council, after a public hearing before the Township Council, where it is found that any of the provisions of this chapter are violated or where the licensee, including a massagist, has been convicted of any offense found in § 268-8A(1) and the licensee has actual or constructive knowledge of the violation or conviction or, in any case, where the licensee refuses to permit any duly authorized police officer or Health Inspector of the Township of Jackson to inspect the premises or the operations therein.
B. 
The Township Council, 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 Council, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
A. 
A massagist's license issued by the Township Council shall be revoked or suspended after a public hearing before the Township Council where it appears that the massagist has been convicted of any offenses enumerated in § 268-8A(1).
B. 
The Township Council, before revoking or suspending any massagist's license, shall give the massagist at least 10 days' written notice of the examination into his or her conviction record and the opportunity for a public hearing before the Township Council, at which hearing the Township Council shall determine the relevant facts regarding the occurrence of the conviction.
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.
No person under the age of 18 shall be present during operating hours of a massage establishment, except that a minor under the age of 18 years of age may receive treatments from the massagist as a patron or customer if the minor's parent or legal guardian is present. The massage establishment shall be responsible for verifying the presence of the parent or legal guardian of a minor prior to rendering services to such minor.
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.