As used in this chapter, the following terms
shall have the meanings indicated:
BODY ART ESTABLISHMENT
Any establishment whose primary business is the application
to the human skin of permanent body art or makeup. In addition, any
establishment that may require a State of New Jersey tattoo license
to operate shall not be considered a tattoo parlor, provided that
not more than 5% of the total floor area of the establishment is dedicated
for the application to the human skin of permanent body art or makeup.
[Added 2-26-2020 by Ord. No. 10-20]
MASSAGE
The practice of a profession scientifically applied to the
patient by the operator's hands.
MASSAGE ESTABLISHMENT
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.
MASSAGE THERAPIST, MASSEUR or MASSEUSE
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.
[Amended 5-26-1992 by Ord. No. 61-92]
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 City Council, in writing, stating the reasons why
the license should be granted. The City Council may grant or deny
the license. The City Council may also review any determination of
the 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.
[Amended 5-24-2016 by Ord. No. 6-16]
Every establishment to whom a license shall
have been granted shall display said license in a conspicuous place
at its 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 City of Long Branch.
[Amended 5-24-2016 by Ord. No. 6-16]
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 state law.
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.
[Amended 5-26-1992 by Ord. No. 61-92; 5-24-2016 by Ord. No. 6-16]
The license of a massage establishment may be
revoked upon one more 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.
B. That the licensee has been convicted of a crime as defined in §
227-5A.
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 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.
[Amended 9-23-1982 by Ord. No. 1080; 10-27-1998 by Ord. No. 36-98]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
I.