[HISTORY: Adopted by the Mayor and Council of the Borough
of Neptune City 5-24-2005 by Ord.
No. 2005-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The practice of a profession scientifically applied to the
patient by the operator's hands.
Construed and deemed to mean any massage establishment or
place of business wherein massage as to all or any one or more of
the named subjects and methods of treatments, as defined in the definition
of "massage therapist, masseur or masseuse" is administered or used.
Any person who practices or administers as to all or any
of the following named subject matters and who has made a study of
the underlying principles of anatomy and physiology as generally included
in a regular course of study by a recognized and approved school of
massage, to wit: The art of body massage either by hands or with a
mechanical or vibratory apparatus for the purpose of body massaging,
reducing or contouring; and the use of oil rubs, heat lamps, salt
glow, hot and cold packs or tub, shower or cabinet baths. Variations
of the following procedures are employed; touch, stroking, friction,
kneading, vibration, percussion and medical gymnastics. Massage therapists
shall not diagnose or treat classified diseases nor practice spinal
or other joint manipulations nor prescribe medicines or drugs.
A.
It shall be unlawful for any person or persons to engage in the practice
or attempt to practice massage, whether for a fee or gratuitously
to conduct massage, without a license issued pursuant to the provisions
of this chapter.
B.
It shall be unlawful for any person or persons to operate or conduct
any massage establishment which does not conform to the sanitary provisions
herein contained or to employ any person as a massage operator who
does not hold a license.
A.
An applicant for a license shall submit the following information:
(1)
Full name and current address.
(2)
The two previous addresses of the applicant immediately prior to
the current address.
(3)
Written proof that the applicant is over the age of 18 years.
(4)
The applicant's height, weight and color of eyes and hair.
(5)
Two current photographs at least two inches by two inches in size.
(6)
The business, occupation or employment of the applicant for the three
years immediately preceding the date of the application.
(7)
Education, i.e., high school, college and professional schools; give
names, addresses, dates attended, year of graduation and type of diploma
received.
(8)
The massage or similar business license history of the applicant,
including whether such person, in previous operation, in this or another
area, has had his or her license revoked or suspended, the reason
therefor and any business activity or occupation subsequent to the
action of suspension or revocation.
(9)
The application must submit to fingerprinting at the Borough of Neptune City Police Department. The fingerprints will be used to conduct a thorough criminal history check through the New Jersey Division of State Police Bureau of Identification. The applicant must disclose all criminal convictions and grounds therefor. If the applicant passes the Borough of Neptune City Police Department criminal history check, the applicant shall be issued a temporary license and shall be permitted to continue to operate, unless it is determined by the fingerprinting criminal history check of the New Jersey State Police that there is a problem with the licensee. In the event that there is a problem with the licensee, the Chief of Police/Public Safety Director shall immediately notify the licensee, and a hearing shall be promptly held pursuant to Section 80-11, as to whether the license should be revoked.
(10)
A certificate from a medical doctor designating that the applicant
has, within 30 days immediately prior thereto, been examined and found
to be free of any contagious or communicable disease.
(11)
The applicant must furnish a diploma or certificate of graduation
from an accredited school or other institution of learning wherein
the method, profession and work of massage therapists is taught. The
term "accredited school or other institution of learning" shall mean
and include any school or institution of learning which complies with
the following criteria:
(a)
It has been accredited or approved by either the American Massage
and Therapy-Association/Commission on Massage Training Accreditation/Approval
(AMTA/CMTAA), 820 Avis Street, Suite 100, Evanston, Illinois 60201-4444,
the Associated Bodywork and Massage Professional (ABMP), 28677 Buffalo
Park Road, Evergreen, Colorado 80439-1869, or the International Myomassethics
Federation, Inc., (IMF), 4348 Wanamaker Road, Topeka, Kansas 66610-1342,
or any other recognized professional organization.
(b)
It shall have as its principal purpose the teaching of the theory,
method, profession or work of massage therapists, under supervision
in a classroom environment.
(c)
It shall require a resident course of study of sufficient number
of hours to qualify for a diploma or certificate of graduation from
such school or institution of learning showing the successful completion
of such course of study or learning.
B.
The Borough Clerk shall maintain a public list of all massage schools
which meet the criteria established in this chapter. Schools offering
correspondence courses and not requiring actual class attendance shall
not be deemed recognized schools. The Borough Clerk shall have the
right to confirm the fact that an applicant has actually attended
classes and matriculated in an accredited school.
A.
Any person desiring to obtain a license to operate a massage establishment
or to perform massage services shall make application to the Borough
Clerk, who shall refer all such applications to the Chief of Police/Director
of Public Safety for an appropriate investigation.
B.
Each application shall be accompanied by a license fee of $250.
C.
Any employee desiring to be licensed as a massage therapist pursuant
to this chapter shall pay a fee of $100 and otherwise comply with
the application requirements of this chapter where applicable. An
applicant shall be fingerprinted under the direction of the Chief
of Police/Director of Public Safety and pay a fee in accordance with
a fee schedule that is set by the New Jersey State Police. The fee
will be used to pay the Division of State Police Bureau of Identification
for a complete and thorough history check using the fingerprints and
shall pay any other fees in accordance with such investigation as
directed by the State of New Jersey pursuant to N.J.S.A. 53:1-20.6a
as are applicable at the time of application.
D.
All licenses issued pursuant to this chapter shall be for a term
commencing on January 1 of each year and terminating on December 31
of each year. The license fees provided in this section shall not
be prorated in the event that an application for a license is made
at any time after January 1 of any year.
E.
Upon the expiration of any license issued as set forth in this chapter, the licensee may apply for renewal to the Borough Clerk. In the event that there are no changes with regard to the information required under Section 80-3A(7), (9) and (10), the applicant may apply for renewal by merely requesting renewal of its license, in writing, and submitting the appropriate fee as set forth in this section, together with a new medical certificate as required by Section 80-3A(10).
A.
Upon the payment of the application fee, submitting of all information
required by application and upon proper inspection, a license shall
be granted immediately, if all requirements described herein are met,
and unless it appears that any such applicant has deliberately falsified
the application or the record of such applicant reveals a conviction
for a crime as defined in Title 2C of the New Jersey Statutes, excluding
disorderly persons or petty disorderly persons offenses. For purposes
of this section, a "crime" shall also include an offense committed
in New Jersey prior to 1979 or an offense committed in another state
that, if committed in New Jersey, would constitute a violation of
Title 2C of the New Jersey Statutes.
B.
Any person denied a license pursuant to these provisions may appeal
to the Borough Council, in writing, stating the reasons why the license
should be granted. The Borough Council may grant or deny the license.
The Borough Council may also review any determination of the Chief
of Police/Director of Public Safety granting or denying a license
on its own motion. All licenses issued hereunder are nontransferable;
provided, however, that a change of location of a massage establishment
may be permitted pursuant to the provisions hereof.
Every person to whom a license shall have been granted shall
display said license in a conspicuous place at his place of business.
No license to conduct a massage establishment shall be issued
unless an inspection discloses that the establishment complies with
each of the following minimum requirements:
A.
A readable sign shall be posted at the main entrance identifying
the establishment as a massage establishment, provided, also, that
all such signs shall otherwise comply with the general sign requirements
of the Borough of Neptune City.
B.
Minimum lighting shall be provided in accordance with the applicable
ordinances of the Borough of Neptune City, and, additionally, at least
one artificial light of not less than 40 watts shall be provided in
each enclosed room or booth where massage services are being rendered.
A change of location of the massage premises shall be approved
by the Chief of Police/Director of Public Safety, provided that all
applicable ordinances are complied with and a change of location fee
of $250 is first paid.
It shall be the responsibility of the holder of the license
for a massage establishment to ensure that each person employed as
a massage therapist shall first have obtained a valid license pursuant
to this chapter.
An inspection of each massage establishment may be made at any
time for the purpose of determining that the provisions of this chapter
are met.
A.
No license shall be revoked until after due notice and a hearing
shall have been held before the Borough Administrator to determine
just cause for such revocation. Notice of such hearing shall be given
in writing and served at least 10 days, prior to the date of the hearing
thereon. The notice shall state the grounds of the complaint against
the holder of such license and shall designate the time and place
where such hearing will be had.
B.
The notice shall be served upon the license holder by delivering
the same personally or by leaving such notice at the place of business
or residence of the license holder in the custody of a person of suitable
age and discretion. In the event that the license holder cannot be
found, and the service of such notice cannot be otherwise made in
the manner herein provided, a copy of such notice shall be mailed,
registered postage fully prepaid, addressed to the license holder
at his place of business or residence, at least 10 days prior to the
date of such hearing.
The license of a massage therapist may be revoked upon one or
more of the following grounds:
A.
That the licensee is guilty of fraud in the practice of massage or
fraud or deceit in his being licensed to the practice of massage.
C.
That the licensee is engaged in the practice of massage under a false
or assumed name or is impersonating another practitioner of a like
or different name.
D.
That the licensee is addicted to the habitual use of intoxicating
liquors, narcotics or stimulants to such an extent as to incapacitate
such person for the performance of his or her professional duties.
E.
That the licensee is guilty of fraudulent, false, misleading or deceptive
advertising or that he or she prescribes medicines or drugs or practices
any other licensed profession without legal authority therefor.
F.
That the licensee is guilty of a willful negligence in the practice
of massage or has been guilty of employing, allowing or permitting
any unregistered person to perform massage in his or her establishment.
G.
That the licensee has violated any of the provisions of this chapter.
A.
The requirements of this chapter shall have no application and no
effect upon and shall not be construed as applying to physicians,
surgeons, chiropractors, osteopaths or any nurse working under the
supervision of a physician, surgeon, chiropractor or osteopath duly
licensed to practice said respective professions in the state.
B.
Practical nurses or other persons without qualifications as massage
therapists, whether employed by physicians, surgeons, chiropractors
or osteopaths or not, may not render massage or massage procedures.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in the Code of the Borough of Neptune City and shall be subject to revocation of license as set forth in this Chapter 80.
