[HISTORY: Adopted by the Township Committee
of the Township of Lacey 9-3-1976 (Ch. 74 of the 1974 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction code — See Ch. 159.
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.
No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of Lacey
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 Township Clerk of the Township of Lacey in accordance
with the terms and provisions of this chapter.
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 Township Clerk of the Township of Lacey 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.
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 Township Clerk:
A.
The name and residence address of the applicant and
all former addresses for a period of three (3) 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 (3) 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.
The applicant for a license for a massage establishment
or premises shall pay an annual license fee of one hundred fifty dollars
($150.), 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 fifty dollars ($50.), which license fee shall
become due on the first of January in each year.
When an application is filed for a massage establishment
license under this chapter, the Township Committee shall fix a time
and a place for a public hearing where the applicant may present evidence
upon the question of his or her application. Not less than ten (10)
days before the date of such hearing, the Township Clerk shall cause
a notice of such hearing to be published in an official newspaper
of the township.
A.
The Township Committee may issue a massage establishment
license within fourteen (14) days following a hearing if all requirements
for a massage establishment described in this chapter are met, unless
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 Township of Lacey.
(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 Township of Lacey.
B.
The Township Committee in its discretion may issue a license to any person convicted of any of the crimes in Subsection A(2)(a), (b) and (c) if it is found that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
A.
The Township Committee may issue a massagist license
within twenty-one (21) days following application unless it is found:
B.
The Township Committee in its discretion may issue
a license to any person convicted of such crimes if it finds that
such conviction occurred at least three (3) years prior to the date
of the application and the applicant has had no subsequent convictions.
A.
Any license issued for a massage establishment may be revoked or suspended by the Township Committee, after a public hearing before the Township Committee, 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 § 234-8A(1) 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 Township of Lacey to inspect the premises or the operations therein.
B.
The Township Committee, before revoking or suspending
any license, shall give the licensee at least ten (10) days' written
notice of the charges against the licensee and the opportunity for
a public hearing before the Township Committee, at which time the
licensee may present evidence bearing upon the question. In such cases,
the charges shall be specific and in writing.
A.
A massagist license issued by the Township Committee shall be revoked or suspended after a public hearing before the Township Committee where it appears that the massagist has been convicted of any offenses enumerated in § 234-8A(1).
B.
The Township Committee, before revoking or suspending
any massagist's license, shall give the massagist at least ten (10)
days' written notice of the examination into his or her conviction
record and the opportunity for a public hearing before the Township
Committee, at which hearing the Township Committee shall determine
the relevant facts regarding the occurrence of the conviction.
[1]
Editor's Note: Former § 234-11, Treatment of opposite
sex prohibited, was repealed 9-14-2017 by Ord. No. 2017-21.
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 patient.
A recognizable and legible sign shall be posted
at the main entrance to any building or to the portion of a building
used as a massage establishment identifying the premises as a massage
establishment, and recognizable and legible signs shall be posted
at all exits identifying each such exit. All such signs shall be posted
in accordance with all existing municipal ordinances.
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 ninety (90) days, by a fine
not exceeding one thousand dollars ($1,000.) and/or by a period of
community service not exceeding ninety (90) days, in the discretion
of the Judge of the Municipal Court.
