[HISTORY: Adopted by the Township Council of the Township
of Gloucester 12-28-1998 by Ord.
No. O-98-38.[2] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 62, Land Use Procedures, adopted
12-10-1976 by Ord. No. O-76-32, was superseded 1-27-2003 by Ord. No.
O-03-03.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Camden County Public Health Coordinator or his duly authorized
designee.
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee, who receive compensation
directly from the permittee and who have no physical contact with
the customers and clients.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the 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, ointments or other similar preparations
commonly used in this practice.
A person who practices any one or more of the arts of body
massage, either by hand or mechanical apparatus; oil rubs; corrective
gymnastics; mechanotherapy, including color therapy; dietetics; hot
packs; and cabinet, tub, shower, sitz, steam or any type of special
bath; said person formerly referred to as "masseur" or "masseuse."
A man (masseur) or a woman (masseuse), including a trainee,
who is 18 years of age or older, for any consideration whatsoever,
engaged in the practice of massage or physiotherapy as herein defined.
Any person 18 years of age or older who receives a massage
under such circumstances that it is reasonably expected that he or
she will pay money or give any other consideration therefor. Any person
under the age of 18 years of age must be accompanied by a parent,
guardian or adult with the written permission of the parent or guardian.
The operator of a massage establishment and out-call massage
service, who holds a valid massage business permit issued by the Township
of Gloucester. Any person operating a strictly "out-call massage service"
must comply with all appropriate provisions of this chapter.
Any school or institution of learning 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 70
hours, to be given in not more than three calendar months, 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 of learning.
It is hereby declared that the business of operating a massage
parlor, as defined in this chapter, is a business affecting the public
health, safety and general welfare.
A.
Business establishment permit required. No person shall engage in
or carry on the business of massage unless there has first been issued
a valid massage business permit issued by the Township of Gloucester
pursuant to the provisions of this chapter for each and every separate
office, location, or place of business conducted by such person.
B.
Massage practitioner's permit required. No person shall practice
massage as a masseur, masseuse, employee or otherwise, unless he or
she has a valid massage practitioner permit issued to him or her by
the Township of Gloucester pursuant to the provisions of this chapter.
A.
Every applicant for a permit to maintain, operate or conduct a massage
establishment, or out-call service, shall file an application with
the Township Clerk of the Township of Gloucester and pay an annual
establishment fee of $100, which fee shall become due on the first
day of January of each year and shall not be refundable.
B.
Every applicant for a masseur's or masseuse's license shall pay an
annual license fee of $50, which fee shall become due on the first
day of January of each year and shall not be refundable.
Every applicant for a permit to maintain, operate or conduct
a massage business establishment or out-call massage service shall
file an application with the Township Clerk of the Township of Gloucester,
upon a form provided by the Township Clerk. The application shall
provide the following information:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers where the business
is to be conducted.
D.
A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence addresses
of the manager or other person principally in charge of the operation
of the business.
E.
The following personal information concerning the applicant, 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:
(1)
The name, social security number, complete residence address and
residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience, including
but not limited to whether or not such person has previously operated
in this or another town or state under a license or permit or has
had such license or permit denied, revoked or suspended and the reason
therefor and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions other than traffic violations, but including
"DUI" motor vehicle offenses, fully disclosing the jurisdiction in
which convicted and the offense for which convicted and circumstances
thereof. The applicant shall execute a waiver and consent to allow
a fingerprint and criminal background check by the Police Department.
(8)
A diploma, certificate or other written proof of graduation from
a recognized massage school by the person who shall be directly responsible
for the operation and management of the massage business and who are
also performing massage services.
F.
Such other information, identification and physical examination of
the person as shall be deemed necessary by the Township Clerk or the
County Health Officer to discover the truth of the matters hereinbefore
required to be set forth in the application.
G.
Authorization for the Township and its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application.
H.
The names and addresses of three adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
I.
A written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true
and correct, said declaration being duly dated and signed in the Township.
A.
No massage establishment shall be issued a permit or be operated,
established or maintained in the Township unless an inspection by
the County Health Officer, appropriate Construction Subcode Official/Inspector,
Local Fire Marshal/Fire Official, Zoning Officer and Code Enforcement
Officer reveals that the establishment complies with each of the following
minimum requirements:
[Amended 12-27-1999 by Ord. No. O-99-47]
(1)
Construction of rooms used for toilets, tubs, steam baths and showers
shall be made of waterproof, light color, easily cleanable materials
and shall be installed in accordance with the New Jersey Uniform Construction
Code.
(2)
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily cleanable and
be a smooth surface for the necessary disinfection process.
(3)
Adequate bathing, dressing and locker facilities shall be provided
for the patrons to be served at any given time. In the event that
male and female patrons are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
(4)
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable or non-single-use instruments and materials shall
be cleaned, disinfected and sanitized after use on each patron.
(5)
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.
(6)
Toilet facilities shall be provided in convenient locations. When
patrons and employees 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 20 or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for half of the water closets for the male
patrons after one water closet has been provided. Toilets shall be
designated as to the sex accommodated therein.
(7)
Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule
immediately adjacent thereto. Lavatories or washbasins shall be provided
with soap from a dispenser and with paper towels, sanitary towels
or hand air dryer.
(8)
The premises shall be equipped with a service sink for custodial
services.
(9)
The premises shall meet all applicable codes of Gloucester Township,
including but not limited to the Uniform Construction Code and Uniform
Fire Code.
(10)
No part of the massage business establishment shall be used for or
connected with any bedroom or sleeping quarters. Nor shall any person
sleep in such massage business establishment except for limited periods
incidental to and directly related to a massage.
B.
The owner, operator and/or manager shall permit access to all parts
of establishment for inspection at any time during the hours of operation.
All county and local officials shall certify that the proposed massage
establishment complies with all the requirements of this section of
this chapter and shall send such certification to the license inspector.
[Amended 12-27-1999 by Ord. No. O-99-47; 12-16-2002 by Ord. No. O-02-49]
[Amended 12-27-1999 by Ord. No. O-99-47]
The Township Clerk, upon receiving an application for a massage
establishment permit, shall refer the application to the Department
of Community Development, Department of Police, the Fire Department,
the County Health Department and the Township Planning Department,
which departments shall inspect the premises proposed to be operated
as a massage establishment and shall make written recommendations
to the Township Clerk concerning compliance with the codes that they
administer.
Any person desiring a massage practitioner's permit shall file
a written application with the Township Clerk on a form to be furnished
by the Township Clerk. The applicant shall tender with the application
the correct permit fee as hereinafter provided and shall, in addition,
furnish the following:
A.
The business address and all telephone numbers where the massage
is to be practiced.
B.
The following personal information concerning the applicant:
(1)
The name, complete residence address and residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front-face portrait photographs taken within 30 days of the date
of application and at least two inches by two inches in size.
(6)
The massage or similar business history and experience, including
but not limited to whether or not such person has previously operated
in this or another city or state under a license or permit or has
had such license or permit denied, revoked or suspended and the reason
therefor and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprint and criminal background
check by the Police Department.
(8)
A diploma, certificate or other written proof of graduation from
a recognized massage school where the theory, method, profession or
work of massage is taught.
(9)
A statement, in writing, from a licensed physician in the state that
he has examined the applicant and believes the applicant to be free
of all communicable diseases.
C.
Such other information, identification and physical examination of
the person deemed necessary by the Township Clerk in order to discover
the truth of the matters hereinbefore required to be set forth in
the application.
D.
Authorization for the Township and 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.
The Township Clerk shall issue a permit within 21 days following
receipt of a completed application, if all requirements for a massage
establishment described in this section are met and shall issue a
permit to all persons who apply to perform massage services unless
he finds that:
A.
The correct permit fee has not been tendered to the Township 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
building, zoning and health regulations.
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document required
by the Township in conjunction therewith.
D.
The applicant has had a massage business, massage practitioner or
other similar permit or license denied, revoked or suspended for any
of the above causes by the Township or any other state or local agency
within five years prior to the date of the application.
E.
The applicant, if an individual; any of the officers and directors,
if the applicant is a corporation; any of the partners, including
limited partners, if the applicant is a partnership; or the manager
or other person principally in charge of the operation of the business
is not over the age of 18 years.
F.
The manager or other person principally in charge of the operation
of the business has not successfully completed a resident course of
study or learning of not less than 70 hours from a recognized school
where the theory, method, profession or work of massage is taught.
G.
The applicant, if an individual; any of the stockholders holding
more than 10% of the stock of the corporation or any of the officers
or directors, if the applicant is a corporation; any of the partners,
including limited partners, if the applicant is a partnership; or
the manager or other person principally in charge of the operation
of the business has been convicted of a felony, or any crime involving
dishonesty, fraud or deceit within the last five years.
H.
The applicant has a criminal conviction for an offense involving
sexual misconduct, lewdness, rape, prostitution, pandering sexual
offense with children, or any other sexual offense as defined in N.J.S.A.
2C:14-1 et seq., N.J.S.A. 2C:24-4 or 2C:34-1 et seq.
The Township Clerk shall issue a massage practitioner permit
within 21 days following receipt of completed application unless it
is determined that the applicant for the masseur or masseuse's permit
has been convicted within the last five years of a felony, or has
ever been convicted of the following offenses: sexual misconduct,
lewdness, rape, prostitution, pandering sexual offense with children,
or any other sexual offense as defined in N.J.S.A. 2C:14-1 et seq.,
N.J.S.A. 2C:24-4 or 2C:34-1 et seq. or any crime involving dishonesty,
fraud or deceit.
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. A separate dressing room
for each sex must be available on the premises, and each dressing
room shall contain a tub or shower in good working order and individual
lockers for each employee and customer. 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, which shall be laundered
after each use thereof and stored in a sanitary manner.
E.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee, masseur
or masseuse.
F.
It shall be unlawful for any person (patron or employee) knowingly,
in a massage establishment, to place his/her hand upon or touch with
any part of his/her body, to fondle in any manner or to massage a
sexual or genital area of any person or solicit a sexual conduct.
G.
No masseur or masseuse, employee or operator shall perform, offer
or agree to perform any act which would require the touching of the
patron's sexual or genital area.
H.
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 that 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.
I.
Oils, creams, lotions and other preparations used in administering
massages shall be kept in clean, closed containers or cabinets.
J.
Eating in the massage work areas shall not be permitted. Animals,
except for Seeing Eye, hearing ear, or service dogs, shall not be
permitted in the massage work area.
K.
Each masseur and masseuse shall wash his or her hands in hot running
water, using a proper soap or disinfectant before administering a
massage to each patron.
A.
All premises used by permittees hereunder shall be periodically inspected
by the appropriate official/inspector as per applicable local, county
or state statute and ordinance concerning the health, safety and welfare
of occupants or users of buildings and structures. The walls shall
be clean and painted with light color, washable, mold-resistant paint
in all rooms where water or steam baths are given. Floors shall be
free from any accumulation of dust, dirt or refuse. All equipment
used in the massage operation shall be maintained in a clean and sanitary
condition. Towels, linens and items for the personal use of operators
and patients shall be clean and freshly laundered. Towels, cloths
and sheets shall not be used for more than one patron. Heavy, white
paper may be substituted for sheets, provided that such paper is changed
for every patron. No massage service or practice shall be carried
on within any cubicle, room or booth or any area within a massage
establishment which is fitted with a door capable of being locked.
[Amended 12-27-1999 by Ord. No. O-99-47]
B.
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.
Any permit issued for a massage establishment or out-call massage
service may be revoked or suspended by the Township Clerk, after a
hearing before the County Health Officer, for good cause or in any
case where any of the provisions of this chapter are violated or where
any employee of the permittee, including a masseur and masseuse, is
engaged in any conduct which violates any of the state or local laws
or ordinances at the permittee's place of business and the permittee
has actual or constructive knowledge of such violations or the permittee
should have actual or constructive knowledge by due diligence or in
any case where the permittee or licensee refuses to permit any duly
authorized police officer or health inspector of the Township of Gloucester
to inspect the premises or the operations therein. Such permit may
also be revoked or suspended by the Township Clerk, after hearing
before the County Health Officer and upon the recommendations of the
County Health Officer that such business is being managed, conducted
or maintained without regard for the public health or health of patrons
or customers or without due regard to proper sanitation and hygiene.
A masseur or masseuse's permit issued by the Township Clerk
to any employee shall be revoked or suspended by the Township Clerk
on any of the following grounds:
Any person under the age of 18 years of age must be accompanied
by a parent or guardian or adult with written permission of the parent
or guardian.
No owner or manager of a massage business establishment shall
permit or tolerate any activity or behavior prohibited by the laws
of the State of New Jersey, specifically, but not limited to, indecency,
obscenity and or other sexual offenses. Any conviction of any masseur,
masseuse or employee of the massage business establishment of an offense
involving indecency, obscenity and/or other sexual offense shall be
cause for revocation of the massage business establishment and massage
practitioner permit issued by the Township of Gloucester.
A.
Alcoholic beverages shall not be distributed or consumed on the premises
of any massage business establishment licensed under this chapter.
B.
Controlled dangerous substance, as defined by the laws of the State
of New Jersey, shall not be distributed or consumed on the premises
of any massage business establishment licensed pursuant to this chapter.
A.
No massage business establishment shall be located within 1,000 feet
of a preexisting massage business establishment, or any residential
zone or property presently used for residential purposes, or any school
or place of worship.
B.
No massage business establishment shall be located within 500 feet
of any business licensed to sell alcoholic beverages.
The operator of a massage establishment or an out-call massage
service must maintain a register of all persons employed as masseurs
or masseuses and their permit numbers. Such register shall be available
for inspection at all times during regular business hours.
[Amended 8-14-2000 by Ord. No. O-00-22; 8-25-2008 by Ord. No. O-08-21]
Nothing in this chapter shall be construed so as to affect the
practice of medicine, physical therapy, chiropractic, massage and
bodywork therapist license pursuant to N.J.S.A. 45:11-53, or any other
similarly recognized profession or occupation by a person duly licensed
by the State of New Jersey to engage in such practice with hours at
the location in such practice, profession or occupation and whose
license would lawfully authorize any massage.
A.
Each license issued pursuant to this chapter shall terminate on the
31st day of December next following the date of issuance. Application
fees shall not be prorated.
B.
No license issued pursuant to this chapter shall be transferable;
provided, however, that in case of death of the licensee of a massage
business establishment, the executors or administrators of the estate
may exercise the privileges of the license so as to allow for the
orderly dissolution or disposition of the business, but no longer
than 90 days or the expiration of the license, whichever first occurs.
No massage business establishment shall be open earlier than
8:00 a.m. and not later than 9:00 p.m. on any day.
All persons who presently operate a massage establishment or
who are employed as a masseur must apply for a permit within 30 days
of the effective date of this chapter.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by imprisonment for a term not exceeding
90 days or by a fine not exceeding $500, or both, in the discretion
of the court.
