[Ord. 2005-13 § 1,
2005]
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body,
or the rubbing, stroking, kneading, pounding or tapping of the human
body by any physical or mechanical means for any form of consideration.
Any establishment or operation wherein a massage is administered
or is permitted to be administered, when such massage is administered
for any form of consideration.
Any person, male or female, who administers a massage for
any form of consideration.
[Ord. 2005-13 § 1,
2005]
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Ship Bottom in the county
of Ocean as or for a massage establishment unless or until there first
has been obtained a license for such establishment or premises from
the Borough clerk of the Borough of Ship Bottom in accordance with
the terms and provisions of this chapter.
[Ord. 2005-13 § 1,
2005]
No person shall render or perform services as a massagist or
engage in the business of or be employed as a massagist unless and
until he or she has obtained a massagist's license from the Borough
clerk of the Borough of Ship Bottom in accordance with the terms and
provisions of this chapter. Said application shall contain a photograph
or portrait of the applicant, together with a medical certificate
showing said applicant to be in good health.
[Ord. 2005-13 § 1,
2005]
Each and every applicant for a license, either for an establishment
or premises, to be used for a massage establishment or for a massagist's
license shall set forth the following information in writing on forms
provided by the Borough clerk:
A.
The name and residence address of the applicant and all former addresses
for a period of three years prior to making the application.
B.
The address of the establishment or premises to be used in the massage
business and a physical description of the property and facilities
if the applicant desires a license for said establishment or premises.
C.
If the applicant desires a massagist's license, a statement
of all employment for a period of three years prior to making the
application.
D.
A statement as to whether or not the applicant, or any officer or
director thereof, if a corporation, has ever been convicted of a crime
in this or any other state.
[Ord. 2005-13 § 1,
2005]
The applicant for a license for a massage establishment or premises
shall pay an annual license fee of $125, which license fee shall become
due on the first of January in each year. The applicant for a massagist's
license shall pay an annual license fee of $75, which license fee
shall become due on the first of January in each year.
[Ord. 2005-13 § 1,
2005]
A.
Each application for a license or the renewal thereof, either to
operate a massage establishment or premises or to engage in the business
of or to be employed as a masseur or masseuse, which is submitted
to the Borough clerk shall be considered for approval by a majority
of those present of the Borough council before any such license is
issued. The Borough council shall not approve such application if
it is found:
1.
The operation as proposed by the applicant if permitted would not
have complied with all applicable laws including, but not limited
to, the building, health, housing, zoning and fire codes of the Borough
of Ship Bottom.
2.
That the applicant and any other person who will be directly engaged
in the management and operation of a massage establishment has been
convicted of:
3.
Based on the past criminal record of the applicant, or the principal
thereof, or based on other evidence of bad character or morals, it
is found that the granting or renewal of the license would tend to
encourage or permit criminal or immoral activities within the Borough
of Ship Bottom.
[Ord. 2005-13 § 1,
2005]
A.
Any license issued for a massage establishment may be revoked or suspended by the Borough council, after a public hearing before the Borough council, where it is found that any of the provisions of this chapter are violated or where the licensee, including a masseur or masseuse, has been convicted of any offense found in Section 5.36.060 and the licensee has actual or constructive knowledge of the violation or conviction or, in any case, where the licensee refuses to permit any duly authorized police officer or health inspector of the Borough of Ship Bottom to inspect the premises or the operations therein.
B.
The Borough council, before revoking or suspending any license, shall
give the licensee at least 10 days' written notice of the charges
against the licensee and the opportunity for a public hearing before
the Borough council, at which time the licensee may present evidence
bearing upon the question. In such cases, the charges shall be specific
and in writing.
[Ord. 2005-13 § 1,
2005]
A.
A massagist license issued by the Borough council shall be revoked or suspended after a public hearing before the Borough council where it appears that the massagist has been convicted of any offenses enumerated in Section 5.36.060.
B.
The Borough council, before revoking or suspending any massagist's
license, shall give the massagist at least 10 days' written notice
of the examination into his or her conviction record and the opportunity
for a public hearing before the Borough council, at which hearing
the Borough council shall determine the relevant facts regarding the
occurrence of the conviction.
[Ord. 2005-13 § 1,
2005]
The provisions of this chapter shall not apply to massage or
physical therapy treatments given:
A.
In the office of a licensed physician, chiropractor or physical therapist;
B.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists;
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient.
[Ord. 2005-13 § 1,
2005]
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by imprisonment in the county jail for
a term not exceeding 90 days, by a fine not exceeding $1,000 and/or
by a period of community service not exceeding 90 days, in the discretion
of the judge of the municipal court.