[HISTORY: Adopted by the Township Council of the Township of Brick 6-27-2017 by Ord. No. 14-17[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 245.
[1]
Editor's Note: This ordinance also repealed former Ch. 276, Massage Parlors, adopted 2-8-1977 by Ord. No. 293-77 (Ch. 201 of the 1989 Code); amended in its entirety 5-22-2007 by Ord. No. 17-07.
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE
Systems of activity of structured touch which include, but are not limited to, bodywork therapies, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, explaining and describing myofascial movement, self-care and stress management as it relates to massage therapies. Massage practices are designed to affect the soft tissue of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage does not include the diagnosis of illness, disease, impairment or disability.
MASSAGE ESTABLISHMENT
Any establishment or operation wherein a massage is administered, or is permitted to be administered for any form of consideration.
MASSAGE THERAPIST
Any person, male or female, who administers a massage as defined herein for any form of consideration.
A. 
Purpose. Massage establishments are required to register with the Township in order for the municipality to maintain records of the name(s) and state license of the owner, operator of the massage establishment and massage therapist(s) providing massage services within Township limits, the address of the place of business providing massage services and to monitor compliance with all municipal and state laws, health codes and ordinances. Registering the licensure information for the establishment and therapist preserves the public health, safety and welfare of the municipality and its inhabitants, and may be necessary to carry into effect the powers and duties conferred and imposed upon the municipality.
B. 
Massage establishments. No person shall operate any establishment or utilize any premises in the Township as, or for, a massage establishment, unless or until the establishment has registered the business with the Township Clerk in accordance with the terms and provisions of this section. Such application shall have attached to it a copy of a valid state license demonstrating good standing and compliance with state requirements and copies of the valid state license(s) for any person(s) employed by the establishment as a massage therapist.
Each application for a registration or the renewal thereof, or to engage in the business of massage, which is submitted to the Township Clerk, shall be approved by the Township Clerk before any registration is issued. The Township Clerk shall not approve such application unless valid state licenses for the establishment and for any person employed by the establishment as a massage therapist are attached to the application. Each massage establishment shall provide, prior to employment, a written copy of valid state licenses for any new massage therapist employed after the filing of the application.
A. 
Any person or entity engaged in the business of operating a massage establishment, as defined in this chapter, shall be required to carry a professional liability insurance policy in the minimum amount of $10,000 for each occurrence, plus $10,000 for each individual. A copy of such policy shall be submitted for approval with the application for a license.
B. 
Each application shall be accompanied by a license fee of $200.
C. 
Each massage establishment shall be subject to inspection by the Township of Brick during regular business hours.
The provisions of this chapter shall not apply to massage or physical therapy treatments given by a massage therapist certified by either the A.M.T.A. or the A.M.B.P., and:
A. 
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
B. 
In a regularly established medical center, hospital, or sanitarium having a staff which includes licensed physicians, chiropractors or physical therapists.
C. 
By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his patient.