[1975 Code § 87-2; Ord. No. 2015-06]
As used in this section:
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.
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.
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.
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]
[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:
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:
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.
The person to whom a license has been issued to own or operate
a massage establishment as defined herein.
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.
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.
Any person who, for any consideration whatsoever, engages
in the practice of massage as defined above.
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.
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.
The person to whom a permit has been issued to act in the
capacity of a massagist (masseur or masseuse) as herein defined.
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.
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]
[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.
