[HISTORY: Adopted by the Borough Council of the Borough of
Eatontown 9-26-2018 by Ord. No.
07-2018; amended in its entirety 10-23-2019 by Ord. No.
27-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The document issued by the Borough of Eatontown to any nonowner/therapist
working for an establishment established for the purpose of massage,
bodywork and/or somatic therapy.
Any place where prostitution or promotion of prostitution
is regularly carried on by one person under the control, management
or supervision of another. "House of prostitution" shall further be
defined in accordance with N.J.S.A. 2C:34-1.
The document issued by the Borough of Eatontown required
of any owner of an establishment for massage, bodywork and/or somatic
therapy established in the Borough of Eatontown, as well as any person
identified as a therapist who provides massage, bodywork and/or somatic
therapy in the Borough of Eatontown.
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, disease, impairment
or disability.
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq.
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are permitted to be administered, when
such therapies are administered for any form of consideration.
Any room, floor or section of a massage, bodywork or somatic
therapy business or establishment where massage, bodywork, pressure
and/or somatic therapies as herein defined are carried out.
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation, voluntary association or incorporated association.
"Person" shall specifically include and apply to the individual owners
of the massage, bodywork and somatic therapy businesses as well as
entities.
Any sexual activity with another person in exchange for something
of economic value, or the offer or acceptance of an offer to engage
in sexual activity in exchange for something of economic value. "Prostitution"
shall further be defined in accordance with N.J.S.A. 2C:34-1.
The knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be
construed by a reasonable person to be motivated by the licensee's
or licensee's employee's own prurient interest or for sexual arousal
or gratification. "Sexual contact" includes, but is not limited to,
the imposition of a part of the licensee's or licensee's employee's
body upon a part of the client's body, sexual penetration, or the
insertion or imposition of any object or any part of the licensee's
or licensee's employee's or client's body into or near the genital,
anal or other opening of the other person's body. "Sexual contact"
does not include the touching of a client's body which is necessary
during the performance of a generally accepted and recognized massage
and bodywork therapy procedure. "Sexual contact" shall further be
defined in accordance with N.J.A.C. 13:37A-3.5, as amended.
The solicitation of any sexual act, physical advances, or
verbal or nonverbal conduct that is sexual in nature, which occurs
in connection with a licensee's activities or role as a provider of
massage and bodywork therapy services that is unwelcomed or offensive
to a reasonable person, or creates a hostile workplace environment,
and the licensee knows, should know or is told this; or is sufficiently
severe or intense to be abusive to a reasonable person in that context.
"Sexual harassment" may consist of a single extreme or severe act
or of multiple acts and may include, but is not limited to, conduct
of a licensee or employee with a client, co-worker, employee, student
or supervisee, whether or not such individual is in a subordinate
position to the licensee. "Sexual harassment" shall further be defined
in accordance with N.J.A.C. 13:37A-3.5, as amended.
Any "sexual contact" and/or "sexual harassment" and/or "prostitution"
or "house of prostitution" as defined by this chapter and N.J.A.C.
13:37A-3.5 and N.J.S.A. 2C:34-1.
The administering of massage, bodywork and/or somatic therapies
for any form of consideration by any person not licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999, c. 19, amended 2007, c. 337,[1] shall be prohibited throughout the Borough of Eatontown.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
A.
Establishment: No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Eatontown as a massage,
bodywork and/or somatic therapy establishment unless or until such
person, firm or corporation has obtained a license for such establishment
or premises from the Municipal Clerk of the Borough of Eatontown in
accordance with the terms and provisions of this chapter.
B.
Therapist: No individual shall act as a massage, bodywork and/or
somatic therapist without obtaining a municipal license. An applicant
must further submit satisfactory evidence of certification from the
State of New Jersey pursuant to the Massage and Bodywork Therapist
Act, N.J.S.A. 45:11-53 et seq.
C.
Nontherapist employee: All nontherapist employees, all in-house cleaning
staff, and nonowners shall complete and submit an application for
a municipal certificate to the Borough of Eatontown Clerk, which shall
contain the following:
[Amended 10-14-2020 by Ord. No. 13-2020]
(1)
Name and complete address of the residence and telephone number of
the applicant.
(2)
Previous address within the last five years prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex and color of hair and eyes.
(5)
Two front-facing portrait photographs taken within 30 days of the
date of application at least two inches by two inches in size.
(6)
The dates and locations of other places the applicant worked and
functioned at a massage therapy business.
(7)
All criminal arrests, charges and convictions other than traffic violations, fully disclosing the time, place, date, disposition and jurisdiction in which convicted, and providing a description of the offense for which the party was convicted and circumstances thereof. The applicant shall execute a waiver of consent to allow fingerprinting and a criminal background check by the Borough of Eatontown pursuant to Subsection D below. Failure to execute such a waiver and consent shall result in denial of a certificate.
(8)
A statement as to whether the applicant, while previously employed
in an establishment promoting massage therapy, had a local license
or certificate denied, revoked or suspended, or was fired from the
aforesaid establishment, and the circumstances of such action.
D.
Investigating and fingerprinting of the applicant: All applicants
seeking a certificate under this chapter shall obtain a criminal history
record check via electronic live scan at one of the approved sites.
The applicant shall undergo fingerprinting by the method and/or vendor
utilized by the Eatontown Police Department at the time of the application.
The applicant shall be responsible for all related fees associated
with the fingerprinting process.
A.
All licenses shall be valid January 1 to December 31 each year.
B.
Licensees may renew their licenses prior to expiration by filing
a new application with the Municipal Clerk of the Borough of Eatontown
in the manner prescribed in this chapter and accompanied by the requisite
fee.
C.
A license for renewal may be denied based on any history of prior
violation of this chapter.
A.
Establishment: Any person desiring a massage, bodywork and somatic
therapy establishment license shall file a written application with
the Municipal Clerk of the Borough of Eatontown upon a form provided
by the Municipal Clerk. The application form shall contain the following
information:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
(2)
The name, style and designation under which the business is to be
conducted.
(3)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(4)
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists and employees of the business and
the name and residence address of the manager or other person principally
in charge of the operation of the business.
(5)
A sworn statement indicating that all massage, bodywork and somatic
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been licensed by the State
of New Jersey pursuant to the Massage and Bodywork Therapist Licensing
Act, P.L. 1999, c. 19, amended 2007, c. 337.[1]
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
(6)
The following personal information concerning the applicant(s), if
an individual; concerning each stockholder holding more than 10% of
the stock of the corporation, each officer and each director if the
applicant is a corporation; concerning the partners, including limited
partners, if the applicant is a partnership; and concerning the manager
or other person principally in charge of the operation of the business
shall be provided:
(a)
The name, complete residence address and resident telephone
number.
(b)
The two previous addresses immediately prior to the present
address of the applicant.
(c)
Written proof of age.
(d)
Height, weight, sex and color of hair and eyes.
(e)
Two front-facing portrait photographs taken within 30 days of
the date of the application and at least two inches by two inches
in size.
(f)
Any massage therapy or similar business history and experience,
including, but not limited to, whether or not such person has previously
operated in this or another municipality or state under a license
or permit or has had such license, certificate or permit denied, revoked
or suspended, and the reason therefor, and the business activities
or occupations subsequent to such action or denial, suspension or
revocation.
(g)
The dates and locations of other places the applicant worked
and functioned at a massage therapy business.
(h)
All criminal arrests, charges and convictions other than traffic violations, fully disclosing the time, place, date, disposition and jurisdiction in which convicted, and providing a description of the offense for which the party was convicted and circumstances thereof. The applicant shall execute a waiver of consent to allow fingerprinting and a criminal background check by the Borough of Eatontown pursuant to § 201-3D above. Failure to execute such a waiver and consent shall result in denial of a license or certificate.
(7)
At the time the application is filed, a fee as established below
shall be paid to the Municipal Clerk of the Borough of Eatontown to
cover the cost of processing the application and investigating the
facts stated therein.
(8)
The
applicant shall include a completed W-9 form with its application.
[Added 10-14-2020 by Ord. No. 13-2020]
B.
Therapist: Any person acting as a therapist in an establishment as
defined above shall file a written application with the Municipal
Clerk of the Borough of Eatontown on a form provided by the Municipal
Clerk.
(1)
The application shall include:
(a)
Copy of certificate from State of New Jersey pursuant to N.J.S.A.
45:11-53 et seq.
(b)
Name and complete address of the residence and telephone number
of the applicant.
(c)
Previous address within the last five years prior to the present
address of the applicant.
(d)
Written proof of age.
(e)
Height, weight, sex and color of hair and eyes.
(f)
Two front-facing portrait photographs taken within 30 days of
the date of application at least two inches by two inches in size.
(g)
The dates and locations of other places the applicant worked
and functioned at a massage therapy business.
(h)
All criminal arrests, charges and convictions other than traffic violations, fully disclosing the time, place, date, disposition and jurisdiction in which convicted, and providing a description of the offense for which the party was convicted and circumstances thereof. The applicant shall execute a waiver of consent to allow fingerprinting and a criminal background check by the Borough of Eatontown pursuant to § 201-3D above. Failure to execute such a waiver and consent shall result in denial of a certificate.
A.
The Municipal Clerk of the Borough of Eatontown, upon receiving an
application for a massage, bodywork and somatic therapy establishment
license, shall refer the application to the appropriate municipal
departments and divisions for review and conformance with applicable
state and Borough codes for such an establishment.
B.
No massage, bodywork and somatic therapy establishment shall be issued
a license or be operated, established, or maintained in the Borough
of Eatontown unless inspections, which must be completed prior to
issuance or renewal of a license under this code, by the appropriate
Borough departments reveal that the establishment complies with the
minimum requirements of the Uniform Construction Code and Health Codes
for businesses operating in the Borough of Eatontown. In addition,
the establishment must comply with each of the following minimum requirements:
[Amended 10-14-2020 by Ord. No. 13-2020]
(1)
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall be constructed of material and surfaces which are
smooth, nonabsorbent and which may be readily disinfected.
(2)
A public restroom shall be available to clients and employees during
all business hours.
(3)
Water closets and lavatories shall be in conformance with the regulations
set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(4)
If bathing, dressing and locker facilities are provided for the patrons
and male and female patrons are served simultaneously, separate bathing,
dressing, locker and massage room facilities shall be provided.
(5)
The premises shall have adequate equipment for disinfecting nondisposable
instruments and materials used in administering massages. Such nondisposable
instruments and materials shall be disinfected after use on each patron.
(6)
Adequate handwashing facilities shall be conveniently located to
each treatment area to maintain clean hands and arms of all employees
before, after and during treatment.
(7)
Hand sinks shall be provided with hot and cold water capable of delivering
running water under pressure at a temperature of 90° F. to 110°
F.
A.
When said application is properly filled out, signed by the applicant
and has been filed with the Eatontown Municipal Clerk with all accompanying
information, the application shall be referred to the Construction
Code Department, the Fire Prevention Division, the Police Division,
the Health Department and the Zoning/Planning Departments, who shall
make a written recommendation to the Clerk affirming compliance with
the codes they administer. Any application not complying with all
codes and/or failing a background check from the appropriate departments
and divisions will be denied. Any applicant who is denied by the Clerk
shall have a right to appeal said decision and have a hearing before
the Borough Administrator by filing a written request of appeal within
15 days of receipt of denial. The Borough Administrator shall hold
a hearing on the denial, which will include the applicant and any
other witnesses by the parties within 15 days of receipt of the written
request of appeal. The Borough Administrator shall render a written
decision within 15 days after the hearing. An aggrieved applicant
may appeal from the Borough Administrator's decision to the Mayor
and Council by written appeal to the Mayor and Council within 15 days
of receipt of the Borough Administrator's decision, and the Mayor
and Council shall have an appeals hearing within 30 days of receipt
of a written request for appeal, unless the parties mutually agree
on an extension, and shall decide the appeal based on the record below
established by the Borough Administrator only. Any further appeal
beyond the Mayor and Council shall require filing a lawsuit in the
Superior Court of New Jersey, Monmouth County.
[Amended 10-14-2020 by Ord. No. 13-2020]
A.
Licenses and certificates issued under this chapter may be revoked
or suspended, after notice and a hearing.
(1)
Licenses may be suspended or revoked for the following causes:
(a)
Fraud, misrepresentation or false statement in the application for
the license.
(b)
Fraud, misrepresentation or false statement made in the course of
carrying on the licensed business in the Borough.
(c)
If the Chief of Police, Health Officer or their designee is denied
access to the premises for the purpose of conducting an inspection.
(d)
Any violation of this chapter.
(e)
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution
and any crime involving dishonesty.
(f)
Conducting the licensed business in the Borough in an unlawful manner
or in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
(g)
Participation in sexual misconduct as defined by this chapter and
N.J.A.C. 13:37A-3.5 and/or prostitution or running a house of prostitution
as defined by N.J.S.A. 2C:34-1, or promoting sexual misconduct or
prostitution.
B.
Notice of hearing for the revocation or suspension 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 given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for the hearing. (See § 201-7.)
C.
Such license may, pending revocation or suspension proceedings, be
suspended for not more than 10 days by the appropriate department
or division if the conduct of the licensee is detrimental to the health,
safety and general welfare of the Borough of Eatontown.
D.
The Borough Administrator shall serve as hearing officer for any hearing pursuant to this section, with the Borough official presenting his findings and recommendations to the hearing officer. The time period for rendering a decision by the Borough Administrator and the right of appeal and procedure thereof shall be the same as the time period and procedure set forth under § 201-7.
A.
The licenses issued under this chapter may be immediately suspended
by the appropriate Borough official if:
The massage, bodywork and somatic therapy establishment shall
display its license as well as the New Jersey license of each and
every massage, bodywork and somatic therapist employed in the establishment
in an open and conspicuous place on the premises of the establishment.
Each and every therapist and nontherapist employee shall display their
license or certificate in an open, conspicuous place. All licenses
and certificates must affix to the displayed license or certificate
a two-inch-by-two-inch passport-size photo of the establishment owner,
licensed therapist and/or nontherapist employees on site, and must
have in their possession a government-issued photo identification
at all times.
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
A.
Every portion of the massage, bodywork and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition. A broad-spectrum antimicrobial disinfectant
shall be used.
B.
Price rates for all services shall be prominently posted (brochures
or price list) in the reception area in a location available to all
prospective customers.
C.
Regular hours of operation for the business shall be prominently
posted in a location visible to the public. All operations under this
chapter shall be closed no later than 10:00 p.m. and shall remain
closed until 6:00 a.m.
D.
Contemporaneous and permanent entries into client records, which
shall accurately reflect the massage and bodywork services rendered,
shall be maintained by all licensees pursuant to N.J.A.C. 13:37A-5.2.
Said client records shall contain at a minimum an intake form filled
out by each customer to include their name; address; phone number;
date of birth; date of service; specific service received by client;
the licensed therapist's full name and their New Jersey State Massage
and Bodyworks Therapist license number; the signature of the client;
reasons for visits, Including physician's prescription, if there is
one; modalities used; area of focus on the body; and any referral
to another health-care professional. These records shall be maintained
for a period of seven years from the date of the most recent entry
or the time period prescribed by N.J.A.C. 13:37A-5.2(a) with access
to said records pursuant to N.J.A.C. 13:37A-5.3, which provides that
the licensee shall release client records as directed by a subpoena
issued by the New Jersey State Attorney General or the New Jersey
Board of Massage and Bodywork Therapy, or by a demand for a statement
in writing under oath pursuant to N.J.S.A. 45:1-18, which provides
investigative powers to the New Jersey Board of Massage and Bodywork
Therapy and to the New Jersey Attorney General.
E.
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward, be self-closing, and be nonlockable.
F.
Every area of the establishment shall be provided with lighting capable
of providing a minimum of 50 footcandles of artificial light. Lighting
may be dimmed during treatment sessions.
G.
Massage tables shall be maintained in good condition and free of
rips or tears.
H.
Toilet paper, covered trash, liquid hand soap and disposable paper
towels or alternate means of hand drying shall be provided in restrooms.
I.
All massage, bodywork and somatic therapy establishments shall be
provided with clean laundered sheets and towels in sufficient quantity,
which shall be laundered after each use thereof and stored in a sanitary
manner.
J.
Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes-washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high heat setting in a clothes dryer.
K.
Linens used in a licensed establishment may not be laundered in a
private home.
L.
Closed containers shall be provided for soiled linens.
M.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
N.
It shall be unlawful for any person knowingly, in a massage, bodywork
and somatic therapy establishment, to place his or her hand upon or
touch any part of his or her body, or to fondle in any manner or to
massage a sexual or genital area of any other person. No massage,
bodywork or somatic therapist or employee shall perform or offer to
perform any act which would require the touching of the patron's sexual
or genital area. It shall be unlawful for any person to participate
in or promote sexual misconduct as defined by this chapter and N.J.A.C.
13:37A-3.5, or prostitution as defined by this chapter and N.J.S.A.
2C:34-1.
O.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms or steam or vapor cabinets and shower compartments and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
P.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
Q.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
R.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant, before
administering a massage.
S.
The handwashing sink shall be used solely for the washing of hands,
arms and other parts of the upper body.
T.
Handwashing sinks shall be supplied with liquid soap and disposable
hand towel at all times.
A.
The Chief of Police or Health Officer or Construction Code Official/Code
Enforcement Officer and/or their designees are authorized to conduct
random inspections of massage, bodywork, or somatic therapy establishments
granted a permit under the provisions of this chapter for the purpose
of determining whether the provisions of this chapter are being complied
with. Such inspections may be unannounced but shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any licensee
or employee of the licensee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
B.
The owner or operator shall permit access to all parts of the establishment, and all pertinent records required for the inspection shall be made available to the appropriate Borough official designated in § 201-12A for review upon request.
C.
Should a reinspection of a massage establishment become necessary
as determined by the Borough official because of violations observed
during the initial inspection, a reinspection fee of $150 shall be
charged to the establishment for each subsequent reinspection until
all violations have been corrected. The fee must be paid by the establishment
to the Borough within 10 calendar days of the date the charge was
issued.
D.
All fees shall be paid to the Borough Clerk's office prior to being
considered for approval. All fees are nonrefundable and/or nontransferable.
All permits under this chapter are subject to the late fee of $25
if the permit is not renewed in the appropriate time.
No part of any quarters of any massage, bodywork and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters, nor may any person sleep in such massage, bodywork
and somatic therapy establishment except for limited periods incidental
to and directly related to a massage, bodywork or somatic therapy
treatment or bath. This provision shall not preclude the location
of massage, bodywork and somatic therapy establishment in separate
quarters of a building, housing, hotel or other separate business
or club.
A.
No owner or manager of a massage, bodywork and somatic therapy establishment
shall tolerate in his or her establishment any activity or behavior
prohibited by the laws of the State of New Jersey, particularly, but
not limited to, laws proscribing prostitution, indecency and obscenity,
including the sale, uttering or exposing and public communication
of obscene materials; or laws which relate to the commission of sodomy,
adultery and proscribing fornication; nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which
violates this chapter, including but not limited to sexual misconduct
and/or prostitution as defined by this chapter.
B.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes may devolve upon the owner or manager of such establishment,
it being specifically declared that following such conviction of an
employee, the owner or manager of the establishment may be prosecuted
as an accessory to such violation, and the licenses which have been
issued may be revoked pursuant to this chapter.
C.
Any owner of premises leasing a portion or total property to a tenant, and who knowingly leases said property or premises to a tenant who is involved in sexual misconduct and/or prostitution as defined by this chapter, or who has failed to make a reasonable effort to abate such use by ejecting or evicting the tenant upon notifying law enforcement authorities or other legal available means, and who knowingly allows in addition to sexual misconduct and/or prostitution other related offenses in violation of N.J.S.A. 2C:34-1, shall also be in violation of this chapter and shall be subject to violations and penalties set forth more fully in § 201-16 of this chapter, in addition to any other criminal or civil penalties that may be assessed as a result of the owner's conduct.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A.
In the office of licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
D.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
In addition to the revocation or suspension of the license granted
under this chapter, any person violating any provision of this chapter
shall be subject to a fine not exceeding $2,000; imprisonment for
a term not exceeding 90 days; and/or a period of community service
not exceeding 90 days, or any combination thereof. Each day that a
violation continues shall be considered a separate and distinct violation.
A.
All provisions of this chapter shall be enforceable by the Police
Department of the Borough of Eatontown, or where there is a health
violation, by the official Health Officer, or where there is a Construction
Code violation by the Construction Code Official or Code Enforcement
Department. Appeals to violations shall be decided by the local Municipal
Court.
B.
In addition to hearing appeals to violations in the Municipal Court,
by separate authorization by the governing body of the Borough of
Eatontown, action may be taken in the Superior Court of New Jersey
or other appropriate court seeking injunctive relief or other relief
appropriate to enforcing this chapter, along with the right to seek
damages and legal fees where allowed by law.
C.
A violation of this chapter shall not limit prosecution for separate
criminal offenses related to the violation of said chapter or civil
liability either brought by the municipality or third parties.
D.
Upon revocation or suspension of an establishment license, the Eatontown
Police Department shall place in a highly noticeable location a plate
card stating, "Unsafe to Enter; Unlicensed Massage Therapy Must Cease
and is Subject to Municipal, Criminal and/or Civil Penalties per Ordinance
27-19." The aforesaid notice shall remain posted until either a valid
license is obtained for the establishment or there is a change in
use to the establishment.
Whenever notice is required or permitted to be given by this
chapter, such notice may be effected by personal service upon the
licensee if an individual; or any general partner, if a partnership;
or upon any corporate officer, if a corporation or, alternatively,
to any of the foregoing, by certified mail, return receipt requested,
to the last address listed in the Municipal Clerk's office in conjunction
with the license information. It shall be the duty of each licensee
to keep the Borough advised of any subsequent change of address. Upon
failure of a licensee to comply with this requirement, any notice
returned with the notation "unknown," "moved," or "not claimed" shall
be deemed proper service of all notices required by this chapter.
A.
An annual registration fee is due with the application and required
to be paid on January 2 of any given year thereafter. The applicant
shall pay a $500 fee upon filing the initial application for the operation
of the establishment for the services regulated by this chapter, and
any individual applicant (as opposed to a business entity) who wishes
to be licensed for massage, bodyworks and somatic therapy under this
chapter shall pay an initial application fee of $100. All certificates
from nontherapist employees shall pay an initial application fee of
$50. All licenses and certificates shall be valid from January 1 to
December 31. All provisions of this chapter, including the requirement
for the filing fee, shall apply to renewals in the same manner as
may apply to the applications for initial licenses and certificates.
Licenses and certificates are not transferable.
B.
All fees shall be paid to the Borough Clerk's office prior to being
considered for approval. All fees are nonrefundable and/or nontransferable.
All permits under this chapter are subject to the late fee of $50
if the permit is not renewed in the appropriate time.
Any person or entity engaged in the business of operating an
establishment regulated by this chapter, as defined by this chapter,
shall be required to carry a professional liability insurance policy
with a minimum amount of $10,000 for each occurrence, plus $10,000
for each individual. A copy of such policy shall be submitted for
approval with the application for a license or renewal.
