[1975 Code § 87-2; Ord. No. 2015-06]
As used in this section:
CANVASSER or SOLICITOR
Any individual, whether a resident of the Borough or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether or not he is collecting advance payments on such sales, provided that such definition shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, boat, hotel room, lodging house, apartment, shop or any other place within the Borough for the sole purposes of exhibiting samples and taking orders for future delivery, and provided further, that charitable, religious and school groups composed of residents of the Borough shall not be required to obtain the license or to pay the fees set forth but shall, upon request, be issued a special permit.
CANVASSING FOR REAL ESTATE LISTING
Door-to-door soliciting or solicity by the use of circulars, visitations, or any other means, where the canvasser or his or her employer has not been invited or requested by the owner (as defined below), to obtain a listing of real property or to confer with the owner regarding a real estate transaction.
OWNER
The lessee, sublessee, assignee, managing agent or other person having the right of ownership or possess or to sell, rent, or lease any real property.
PURCHASER
Any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer, or any agent thereof.
[1975 Code § 87-1]
It shall be unlawful for any solicitor or canvasser, as defined in subsection 5-1.1 of this section, to engage in such business within the corporate limits of the Borough without first obtaining a license therefor in compliance with the provisions of this section.
[1975 Code § 87-3; New]
a. 
Applicants for a license under his section must file with the Borough Clerk a sworn application in writing, in duplicate, on a form to be furnished by the Borough Clerk, which shall give or be accompanied by the following:
1. 
Name and description of the applicant.
2. 
Permanent home address and full local address of the applicant.
3. 
A brief description of the nature of the business and the goods to be sold.
4. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
5. 
The length of time for which the right to do business is desired.
6. 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said applications are filed and the proposed method of delivery.
7. 
A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two inches by two (2" x 2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
8. 
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor.
9. 
The fingerprints of the applicant.
b. 
At the time of filing the application, a fee of seventy-five ($75) dollars shall be paid to the Borough Clerk to cover the cost of investigation of the facts stated therein.
[Amended 12-15-2015 by Ord. No. 2015-13]
[1975 Code § 87-4]
Upon receipt of such application, the original shall be referred to the Borough Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
a. 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and shall return the application to the Borough Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued. A hearing upon such disapproval shall be held, upon appeal, in the same manner as is provided in this section in the case of revocations.
b. 
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return such application to the Borough Clerk, who shall, upon payment of the prescribed fee, issue a license to the applicant.
[1975 Code § 87-5; New]
a. 
The license fee which shall be charged by the Borough Clerk for such license shall be two hundred ($200) dollars per year.
[Amended 12-15-2015 by Ord. No. 2015-13]
b. 
The annual fees herein provided shall be assessed on a calendar year basis and shall not be prorated.
[1975 Code § 87-6]
Any person holding a license authorized by this section shall be required to carry the license with him at all times; and in door to door canvassing or soliciting, he must hand the license to the person being solicited or canvassed for inspection at the time the license holder first approaches the individual. Such license shall be presented at the request of any member of the Police Department or Borough officer.
[1975 Code § 87-9]
All annual licenses issued under the provisions of this section shall expire on December 31 of the year in which issued. Other than annual licenses shall expire on the date specified in the license.
[1975 Code § 87-8; New]
a. 
Licenses issued under the provisions of this section may be revoked by the Governing Body after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for a license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
3. 
Any violation of this section.
4. 
Conviction of any crime or disorderly person offense involving moral turpitude.
5. 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for the hearing.
[1975 Code § 87-7; New]
Peddling, soliciting and canvassing and distribution of religious material shall be permitted only between the hours of 9:00 a.m. and 8:00 p.m. on Mondays through Saturdays.
[New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 2015-06]
a. 
Any person, corporation, partnership, limited liability company, or other institution or entity that canvasses in order to obtain listings of real property, or to bring about the sale, lease, or purchase of real property, must provide advance written notice to the Borough Clerk before engaging in such activities. The advanced notice must provide the following information:
1. 
The names and addresses of the persons engaging in the canvassing or soliciting.
2. 
The names and addresses of the individuals or companies by which such persons are employed.
3. 
A listing of the street or streets in the Borough in which the canvassing or soliciting will take place.
4. 
The starting and ending dates in which the canvassing or soliciting will take place.
b. 
The notice required hereunder must be filed with the Borough Clerk no less than 14 business days prior to the scheduled start date.
c. 
Provided the notice requirements have been satisfied, the Borough Clerk shall issue a permit allowing the canvassing or soliciting to take place. This permit shall be valid for a period not to exceed 30 days from the date of issuance. Once expired, the permit must be renewed following the same notice requirements.
[Ord. No. 2015-06]
No person shall engage in the following acts:
a. 
Promote, influence, or attempt to promote or influence a property owner, occupant, or tenant to list for sale, sell, or remove from a lease real property by referring to race, color, sexual orientation, ethnicity, or religious affiliation of neighbors, prospective buyers or other occupants or prospective occupants of real property.
b. 
Induce directly or indirectly, or attempt to induce directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion, or national origin in the area has resulted or may result in:
1. 
The lowering of property values.
2. 
A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located.
3. 
An increase in criminal or antisocial behavior in the area.
4. 
A decline in the quality of the schools serving the area.
c. 
Make any representation (or misrepresentation) concerning the listing or sale of the anticipated listing for sale or the sale of any real property in any residentially zoned areas for the purpose of inducing or attempting to induce the sale or listing for sale of other real property in such area.
d. 
Make any representation to any prospective purchaser that any block, neighborhood or area has, will, or might undergo an adverse change with respect to the religious, racial, or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
e. 
Place a sign purporting to offer for sale any property that is not in fact offered for sale.
f. 
Advertise for sale or rental property which is non-existent or which is not actually for sale or rental.
g. 
Engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.
h. 
To solicit or canvass any owner whose name and property address is included on the list maintained by the Borough Clerk of persons requesting that they not be canvassed or solicited.
i. 
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this section.
j. 
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this section or to obstruct or prevent any person from complying with the provisions of this section.
k. 
Refer, directly or indirectly or by implication, to race, color, creed, ethnicity, or sexual orientation in any advertisement or other solicitation offering real property for sale or rental.
l. 
Solicit or attempt to solicit the sale or rental or the listing for sale or rental of real property without furnishing in written form to the owner or occupier of such real property the name of the person or organization soliciting such sale, rental or listing.
[Ord. No. 2015-06]
This section does not apply to real estate that is publicly advertised for sale or to "open houses," sponsored by the owner or listed real estate agent for a specific home on a specific day.
[Ord. No. 2015-06]
a. 
Any owner of real property within the Borough who refuses to be canvassed or solicited for the sale or rental of their property may enroll in the Borough's "No Knock" registry established pursuant to this subsection, the provisions of which are incorporated herein.
b. 
"No knock" registrants are protected against the canvassing or soliciting activities regulated by this section.
c. 
The unauthorized canvassing or soliciting of property owners who are valid "no knock" registrants constitutes a violation of this section.
[Ord. No. 80-11 § 1]
As used in this section:
EMPLOYEE
Any person over eighteen (18) years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
LICENSEE
The person to whom a license has been issued to own or operate a massage establishment as defined herein.
MASSAGE
Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
MASSAGE ESTABLISHMENT
Any establishment having a source of income or compensation derived from the practice of massage as defined above and which has a fixed place of business where any person engages in or carries on any of the activities as defined in Massage above.
MASSAGIST, MASSEUR or MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as defined above.
OUTCALL MASSAGE SERVICE
Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined above.
PATRON
Any person over eighteen (18) years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money to give any other consideration therefor.
PERMITTEE
The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined.
RECOGNIZED SCHOOL
Any school or educational institution licensed to do business as a school or educational institution in the State in which it is located, or any school by or approved by or affiliated with the American Massage and Therapy Association, Inc., and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than seventy (70) hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
SEXUAL OR GENITAL AREA
Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
[Ord. No. 80-11 § 1]
a. 
Business License Required. No person shall engage in or carry out the business of massage unless he or she has a valid massage business license issued by the Borough pursuant to the provisions of this section for each and every separate office or place of business conducted by such person.
b. 
Massagist's Permit Required. No person shall practice massage as a massagist, employee or otherwise, unless he or she has a valid and subsisting massagist's permit issued to him by the Borough pursuant to the provisions of this section.
[Ord. No. 80-11 § 1]
Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application under oath with the Borough upon a form provided by the Borough Clerk and pay a nonrefundable annual license fee, which shall be one hundred ($100.00) dollars per year or any part thereof. The application, once accepted, shall be referred to the Police Department for investigation. Copies of the application shall within five (5) days also be referred to the Board of Health and the Code Enforcement Officer. The Board of Health and the Code Enforcement Officer shall within thirty (30) days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the Governing Body concerning compliance with the codes of the Borough.
The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications. Each application shall contain the following information:
a. 
A definition of service to be provided.
b. 
The location, mailing address and all telephone numbers where the business is to be conducted.
c. 
The name and residence address of each applicant (hereinafter all provisions which refer to applicant include an applicant which may be a corporation or partnership).
1. 
If applicant is a corporation, the names and residence address of each of the officers and directors of the corporation and of each stock-holder owning more than ten (10%) percent of the stock of the corporation, and the address of the corporation itself if different from the address of the massage establishment.
2. 
If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment.
d. 
The two (2) previous addresses immediately prior to the present address of the applicant.
e. 
Proof that the applicant is at least eighteen (18) years of age.
f. 
Individual or partnership applicant's height, weight, color of eyes and hair, and sex.
g. 
Copy of identification such as driver's license and social security card.
h. 
One portrait photograph of the applicant at least two inches by two (2" x 2") inches and a complete set of applicant's fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a corporation, one (1) portrait photograph at least two inches by two (2" x 2") inches of all officers and managing agents of the corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a partnership, one (1) front face portrait photograph at least two inches by two (2"x 2") inches in size of each partner, including a limited partner in the partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the Chief of Police or his agents.
i. 
Business, occupations, or employment of the applicant for the three (3) years immediately preceding the date of application.
j. 
The massage or similar business license history of the applicant; whether such person, in previously operating in this Borough or another City or State has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
k. 
All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted.
l. 
The name and address of each massagist who is or will be employed in said establishment.
m. 
Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant will not himself engage in the practice of massage as defined herein, he or she need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught.
n. 
The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in paragraph c wherein the business or profession of massage is carried on.
o. 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
p. 
Authorization for the Borough, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
q. 
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
r. 
The names, current addresses and written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the Borough, then Ocean County, then the State of New Jersey and lastly from the rest of the United States. These references must be persons other than relatives and business associates.
Upon the completion of the above provided form and the furnishing of all foregoing information the Borough Clerk shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Borough Clerk of each change in any of the data required to be furnished by this subsection within ten (10) days after such change occurs.
[Ord. No. 80-11 § 1]
Application for a massagist's business permit shall be made to the Borough Clerk in the same manner as provided above for massage establishment licenses, accompanied by the annual nonrefundable massagist's permit fee of seventy-five ($75.00) dollars per year or part thereof. The application shall contain but not be limited to the following:
a. 
The business address and all telephone numbers where the massage is to be practiced.
b. 
Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two (2) previous addresses immediately prior to the present address of the applicant.
c. 
Social Security number, driver's license number, if any, and date of birth.
d. 
Applicant's weight, height, color of hair and eyes, and sex.
e. 
Written evidence that the applicant is at least eighteen (18) years of age.
f. 
A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations.
g. 
Fingerprints of the applicant taken by the Police Department.
h. 
Two (2) front face portrait photographs taken within thirty (30) days of the date of application and at least two inches by two (2" x 2") inches in size.
i. 
The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than seventy (70) hours of instruction. For persons presently employed as a masseur or masseuse in the Borough, this subsection shall not apply until sixty (60) days after passage; present employment shall be established by sworn affidavit from the employer; after which time such person must be actively engaged, enrolled, or participating in a course of study designated to fulfill the requirements of this subsection and which is certified to by an official of the approved school. The burden of establishing such active engagement, enrollment or participation shall be upon the person seeking a permit herein. For persons not so employed, this subsection shall be effective upon passage and permits for any persons shall be revoked sixty (60) days after passage, unless those persons presently employed are pursuing the study set forth by that date. In no event shall any person within the preview of this section act as aforesaid, without satisfying the training requirement set forth within the Borough six (6) months after passage.
j. 
The massage or similar business history and experience (ten [10] years) prior to the date of application, including but not limited to whether or not such person in previously operating in this Borough or another City or State under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation.
k. 
The names, current addresses, and written statements of at least five (5) bona fide permanent residents of the United States, other than relatives, that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the Borough, then Ocean County, then the State of New Jersey and lastly from the rest of the United States.
l. 
A medical certificate signed by a physician licensed to practice in the State, within seven (7) days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this subsection shall be provided at the applicant's expense.
m. 
Such other information, identification and physical examination of the person deemed necessary by the Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application.
n. 
Authorization for the Borough, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
o. 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the Borough of Island Heights.
[Ord. No. 80-11 § 1]
The Borough shall waive the requirements of subsection 5-2.3 and 5-2.4(i) of this section if the applicant furnishes satisfactory evidence that he or she attended not less than seventy (70) hours of instruction in a school within or without this State or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this section.
[Ord. No. 80-11 § 1]
The Borough shall act to approve or deny an application for a license or permit under this section within a reasonable period of time and in no event shall the Governing Body act to approve or deny the license or permit later than ninety (90) days from the date that the application was accepted by the Borough Clerk. Every license or permit issued pursuant to this section will terminate at the expiration of one (1) year from the date of its issuance unless sooner suspended or revoked.
[Ord. No. 80-11 § 1]
The Borough Clerk shall issue a license for a massage establishment or a permit for a masseur or masseuse, after ratification by the Governing Body, if all requirements for a massage establishment or massagist permit described in this section are met unless it finds:
a. 
The correct permit or license fee has not been tendered to the Borough and, in the case of a check, or bank draft, honored with payment upon presentation.
b. 
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to the Borough's building, zoning, and health regulations.
c. 
The applicant, if an individual; or any of the stockholders holding more than ten (10%) percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State that would have constituted any of the following offenses if committed within the State:
1. 
An offense involving the use of force and violence upon the person of another that amounts to a felony.
2. 
An offense involving sexual misconduct.
3. 
An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
The Borough may issue a license or permit to any person convicted of any of the crimes described in subparagraphs 1, 2, or 3 of this paragraph if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this paragraph.
d. 
The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the Borough in conjunction therewith.
e. 
The applicant has had a massage business, masseur, or other similar permit or license denied, revoked, or suspended by the Borough or any other State or local agency within five (5) years prior to the date of the application.
f. 
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years.
[Ord. No. 80-11 § 2]
Should any massage business have more than one (1) location where the business of massage is pursued, then a permit, stating both the address of the principal place of business, and of the other location(s) shall be issued by the Borough Clerk upon the tender of a license fee of one hundred ($100.00) dollars. Licenses issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.
[Ord. No. 80-11 § 2]
a. 
Every massagist shall post the permit required by this section in his or her work area.
b. 
Every person licensed under this section shall display such license in a prominent place.
[Ord. No. 80-11 § 2]
No license or permit shall be transferable except with the consent of the Governing Body. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in subsections 5-2.3 and 5-2.4. The written application for such transfer shall contain the same information as requested herein for initial application for the license or permit.
[Ord. No. 80-11 § 2]
Any license issued for a massage establishment may be revoked or suspended by the Borough for good cause after notice and a hearing, or in any case where any of the provisions of this section are violated or where any employee of the licensee, including a masseur or masseuse is engaged in any conduct which violates any of the State or local laws or ordinances at licensee's place of business and the licensee has actual or constructive knowledge by due diligence. Such permit may also be revoked or suspended by the Borough after notice and hearing, upon the recommendations of the Board of Health that such business is being managed, conducted, or maintained without regard to proper sanitation and hygiene.
[Ord. No. 80-11 § 2]
A masseur or masseuse permit issued by the Chief of Police shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this section.
[Ord. No. 80-11 § 2]
No person granted a license pursuant to this section shall operate the massage establishment under a name not specified in his license, nor shall be or she conduct business under any designation or location not specified in his or her license.
[Ord. No. 80-11 § 2]
No person shall employ as a massagist any person unless the employee has obtained and has in effect a permit issued pursuant to this section.
[Ord. No. 80-11 § 2]
The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time as masseurs or masseuses and their permit numbers. Such register shall be available at the massage establishment to representatives of the Borough during regular business hours.
[Ord. No. 80-11 § 2]
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in subsection 5-2.7 provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of the a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the massage establishment for a reasonable period of time not to exceed sixty (60) days to allow for an orderly transfer of the license.
[Ord. No. 80-11 § 2]
No license to conduct a massage establishment shall be issued unless an inspection by the Borough reveals that the establishment complies with each of the following minimum requirements:
a. 
Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the Borough Building Code.
1. 
Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the Borough.
2. 
Floors of wet and dry heat rooms shall be adequately pitched to one (1) or more floor drains properly connected to the sewer. (Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)
3. 
A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
b. 
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
c. 
Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.
d. 
Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
e. 
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
f. 
All electrical equipment shall be installed in accordance with the requirements of the Borough Building Code.
[Ord. No. 80-11 § 2]
a. 
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
b. 
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
c. 
All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas, whose use is restricted to the massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self closing.
d. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.
e. 
No massage establishment granted a license under the provisions of this section shall place, publish or distribute or cause to be placed, published, or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.
[Ord. No. 80-11 § 2]
The Chief of Police or his authorized representatives shall be authorized to make inspections of each massage business establishment for the purposes of determining that the provisions of this section are fully complied with. If in the opinion of the Chief of Police or his authorized representative there is probable cause to enter a massage establishment for the purpose of making inspections and examinations pursuant to this section, he shall request the owner or occupant thereof to grant permission for such entry, and if refused, he shall inform the Chief of Police, and he, or his designee, a Police Officer, shall make application, pursuant to State statutes, to a Judge of the Superior Court of New Jersey, for a search warrant showing the Judge why the search warrant should be issued for the purposes set forth in this section.
[Ord. No. 80-11 § 2]
No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage business establishment, as masseur, employee, or patron, unless such person is on the premises on lawful business.
[Ord. No. 80-11 § 2]
No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided, or kept, any alcoholic beverage on the premises of any massage business.
[Ord. No. 80-11 § 2]
No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m.
[Ord. No. 80-11 § 2]
a. 
Treatment of persons of opposite sex is restricted. It shall be unlawful for any person holding a permit under this section to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed ten (10). The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police pursuant to subsection 5-2.19. The requirements of this paragraph shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.
b. 
It shall be unlawful for any person, in a massage parlor, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
c. 
It shall be unlawful for any person, in a massage parlor, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage parlor, to expose the sexual or genital parts, or any portions thereof, of any other person.
d. 
It shall be unlawful for any person, while in the presence of any other person in a massage parlor, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.
e. 
It shall be unlawful for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee, or any other person under his control or supervision to perform such acts prohibited in paragraphs a, b or c of this subsection.
f. 
It shall be further unlawful for any permittee under this section to administer massage on an outcall basis as defined in subsection 5-2.17. Such person shall administer massage solely within an establishment licensed to carry on such business under this section. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a customer or client who, because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment and the name and address of the customer or client, and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said client or customer shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the Borough shall be unlawful.
g. 
It shall be unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage establishment shall have an unobstructed opening six inches by six (6" x 6") inches in size capable of clear two (2) way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one-half (4 1/2') feet from the floor of the establishment nor more than five and one-half (5 1/2') feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of the cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments.
[Ord. No. 80-11 § 1]
This section shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
a. 
Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State.
b. 
Nurses who are registered under the laws of this State.
c. 
Barbers and beauticians who are duly licensed under the laws of this State, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
[Ord. No. 80-11 § 2]
Every person, except those persons who are specifically exempted by this section, whether acting as an individual owner, employee of the owner, operator, or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage establishment or any of the services defined in this section without first obtaining a license or permit and paying a fee to do so from the Borough, or shall violate any provisions of this section, shall be guilty of a misdemeanor and upon conviction shall be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 96-11; amended in entirety 4-25-2023 by Ord. No. 2023-05]
[Added 4-25-2023 by Ord. No. 2023-05]
This section is for the purpose of regulating all games of chance held, operated or conducted within the Borough, pursuant to N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq., and in accordance with the rules and regulations promulgated by the Legalized Games of Chance Control Commission in the Department of Law and Public Safety of the State of New Jersey. All applications, licenses and proceedings in connection therewith shall be subject to the provisions of such Acts and the rules and regulations and any laws, rules and regulations hereafter enacted and shall be further subject to the provisions of this section.
[Added 4-25-2023 by Ord. No. 2023-05]
The Issuing Authority, as defined in N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq., responsible for approving bingo and raffle licenses shall be the Municipal (Borough) Clerk.
[Added 4-25-2023 by Ord. No. 2023-05]
Licensees authorized by law to conduct any games of chance, including raffles and bingo, shall be permitted to conduct the same on any day of the week, including Sundays as provided by N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58.
[Added 4-25-2023 by Ord. No. 2023-05]
The issuing authority shall approve or deny all applications for bingo or raffle licenses within 30 days after the filing of the application. Applications must be filed with the Municipal (Borough) Clerk together with the required fees pursuant to law. The applicant shall demonstrate in writing compliance with the provisions of all applicable laws and regulations.
[Added 4-25-2023 by Ord. No. 2023-05]
No license to conduct a game of chance as authorized by law shall be issued to any organization not having bona fide sites established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
[Added 4-25-2023 by Ord. No. 2023-05]
The governing body, pursuant to N.J.S.A. 5:8-30 and N.J.S.A. 5:8-57, may suspend or revoke any issued bingo or raffle license, after a hearing, for any violation of this section or state law. The governing body may suspend the operation of a licensed bingo or raffle pending a hearing, in which case a hearing must be held within five days after such action. Notice of a hearing shall be served personally upon an officer of the licensee or the member in charge of the conduct of the bingo or raffle or sent by registered mail or certified mail to the licensee at the address shown on the license. All decisions and findings by the governing body regarding the suspension or revocation of a bingo or raffle license shall be in writing.
[Added 4-25-2023 by Ord. No. 2023-05]
a. 
All licensing fees due and payable to the Legalized Games of Chance Control Commission shall be collected by the Municipal (Borough) Clerk at the time that an application is submitted and shall be submitted by the applicant on an instrument (check or money order) made payable to the Legalized Games of Chance Control Commission.
b. 
The licensing fee due and payable to the Borough shall be the same as the fee paid by the applicant to the Legalized Games of Chance Control Commission.
c. 
The Borough licensing fee shall be waived for qualified organizations which are domiciled or have their primary place of business within the Borough.
[Added 1-19-2016 by Ord. No. 2016-1]
a. 
The fee for Municipal Court room rental is $75 a week.
b. 
Authorization must be given by Council prior to any public facility rental.
c. 
Proof of insurance must accompany all applications for rental, with a minimum coverage of $1,000,000.