[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.]
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
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.
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.
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:
(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.
A.
The Township Council may issue a massagist's license within
21 days following application, unless it is found:
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.