[HISTORY: Adopted by the Mayor and Council
of the Borough of Shrewsbury 12-14-1976 by Ord. No. 392 (Ch. 55 of the 1973 Code);
amended in its entirety 11-21-2011 by Ord. No. 973. Subsequent amendments
noted where applicable.]
No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Shrewsbury as or for a massage business unless and until there first has been obtained a license for such establishment or premises from the Borough Clerk of the Borough of Shrewsbury in accordance with the terms and provisions of Chapter 152, Licenses, and the terms and provisions of this chapter. It shall be unlawful for any business to have a person or persons engage in the practice of or attempt to practice, massage, bodywork or somatic therapy, whether for a fee, or gratuitously performed, without meeting the requirements as established in this chapter".
Each and every applicant for a license shall submit the following
information for review and approval by the Borough Clerk before each
licensing period:
A.
Applicant's name, home address, e-mail and contact phone number.
B.
The address of the applicant's establishment or premises where
the massage services will be provided.
C.
A statement as to whether or not the applicant has ever been convicted
of a crime in this or any other state. The Borough Clerk or the Borough's
Police Department may ask the applicant for a consent to a fingerprint
background check at any time, cost to be the responsibility of the
applicant.
D.
A statement acknowledging that the premises or establishment to be
licensed must be in conformity with all the codes of the Borough.
E.
A list of each person or persons engaging in the practice or attempt
to practice massage, bodywork or somatic therapy at your establishment.
For each of the individuals, the following information must be supplied
for the review and approval by the Borough Clerk and the Borough Police
Department. If a new masseuse or masseur begins to practice massage,
bodywork or somatic therapy at anytime within the licensing period,
the paperwork noted within this chapter must be delivered to the Clerk's
office in a timely fashion, not to exceed 30 days.
(1)
Name and address of each masseur and masseuse.
(2)
A statement that each masseuse or masseur is over the age of 18.
(3)
A copy of a current New Jersey state certification for massage, bodywork
and somatic therapy issued by the New Jersey Office of the Attorney
General, Division of Consumer Affairs, Board of Nursing, for each
masseur and masseuse. This copy will remain in the Clerk's office
files until its expiration. It will be the responsibility of the applicant
to forward a new certificate for each masseuse or masseur upon the
State certificate's renewal.
(4)
If a masseuse or masseur does not currently hold a current New Jersey
state certification for massage, bodywork and somatic therapy issued
by the Office of the Attorney General, Division of Consumer Affairs,
Board of Nursing, the following information must be furnished by the
applicant to comply with the Borough's licensing requirements:
(a)
A copy of a diploma or certificate of graduation from a school
recognized by the New Jersey Division of Consumer Affairs, Board of
Nursing, as an accredited massage, bodywork and somatic therapy institution,
a list of which was obtained from the New Jersey State Board of Nursing
and is maintained by the Borough Clerk. The Clerk shall have the right
to confirm the fact that the masseur or masseuse has actually attended
and matriculated from the accredited school.
(b)
An original letter issued directly to the applicant by the New
Jersey Office of the Attorney General, Department of Law and Public
Safety, Division of State Police, stating that the masseur or masseuse's
fingerprints had been examined by the New Jersey State Police and
the Federal Bureau of Investigation and that the examination does
not reveal a conviction of a crime as defined in Title 2C of the New
Jersey Statutes, excluding paragraph (4) of Subsection 2C:35-10. The
only agency recognized by the Borough and the New Jersey Division
of Consumer Affairs to conduct the criminal background check is Sagem
Morpho, Inc. The applicant is responsible for downloading the appropriate
form from the Sagem Morpho website and giving it to the masseur/masseuse
so that they may make the proper appointment to complete the fingerprint
background check. The fee incurred to complete the background check
is the responsibility of the applicant or the masseur/masseuse, not
the Borough. A full background check using the appropriate form will
be required for each masseur and masseuse practicing at the applicant's
establishment at the start of, or within, the applicant's licensing
period.
(c)
If the same masseur or masseuse is still practicing during the applicant's subsequent licensing periods, the Borough will be satisfied with a background check using a name check only. Applicants will submit the authorized form directly to the Division of State Police for each masseur or masseuse on a yearly basis so that the results are returned prior to the start of the applicant's next licensing period. The cost of the name check will be the responsibility of the applicant or the masseur or masseuse, not the Borough. The Borough will need to see the original letter returned to the applicant from the New Jersey State Police stating that the masseur or masseuse continues to not reveal a disqualifier enumerated in § 157-2E(4)(b).
The applicant for a business license for an establishment or
premises shall pay an annual license fee of $100, which license fee
shall become due on the first day of July in each year.
It shall be the responsibility of the applicant to ensure that
the requirements pursuant to this chapter are followed for each and
every masseur and masseuse practicing at their establishment.
A.
No license shall be revoked until after due notice and hearing shall
have been held before the Borough Administrator and the Chief of Police,
or Police Department designee, 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
conducted.
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 business offering massage services may be revoked
upon one or more of the following grounds:
A.
The applicant, masseur or masseuse practicing at the applicant's
establishment is guilty of fraud in the practice of massage, bodywork
or somatic therapy or fraud or deceit in their being licensed to perform
the practice of massage, body- work or somatic therapy.
B.
That the applicant, masseur or masseuse practicing at the applicant's establishment has been convicted of a crime as defined in § 157-2E(4)(b).
C.
The applicant, masseur or masseuse practicing at the applicant's
establishment is engaged in the practice of massage, bodywork or somatic
therapy under a false or assumed name or is impersonating another
practitioner of a like or different name.
D.
That the applicant, masseur or masseuse practicing at the applicant's
establishment 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 thereof.
E.
That the applicant is guilty of employing, allowing or permitting
any unregistered person to perform massage in his or her establishment.
F.
That the applicant has violated any of the provisions of this chapter.
[Amended 7-16-2012 by Ord. No. 986]
The provisions of this chapter shall not apply to massage or
physical therapy treatments given:
A.
In the
office of and by a licensed physician, osteopath, chiropractor or
physical therapist.
B.
In a regularly
established medical center, nursing or convalescent home, hospital
or sanatorium, by licensed physicians, osteopaths, chiropractors and/or
physical therapists.
C.
By any
licensed physician, osteopath, chiropractor or physical therapist
in the residence of his patient.
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction, be subject to a fine of not less than
$50 nor more than $1,250, a term of imprisonment not exceeding 90
days or a period of community service not exceeding 90 days, or any
combination thereof.
