[HISTORY: Adopted by the City Council of the City of Long Branch 4-25-1978 by Ord. No. 908 (Sec. 7-7 of the 1971 Code). Amendments noted where applicable.]
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.
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 by the state.
[Amended 5-24-2016 by Ord. No. 6-16]
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. 
Any person desiring to obtain a license to operate a massage establishment shall make application to the City Clerk, who shall refer all such applications to the Director of Public Safety for an appropriate investigation.
[Amended 5-24-2016 by Ord. No. 6-16]
B. 
Each application shall be accompanied by a license fee of $50.
[Amended 10-27-1998 by Ord. No. 36-98; 12-14-2010 by Ord. No. 19-10]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding investigation and fingerprinting, as amended, was repealed 5-24-2016 by Ord. No. 6-16.
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 City Clerk. In the event that there are no changes with regard to the information required, 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.
[Amended 2-24-1983 by Ord. No. 1093; 5-24-2016 by Ord. No. 6-16]
F. 
Plan review fee.
[Added 2-26-2020 by Ord. No. 10-20]
(1) 
A plan review fee of $250 shall be required for any body art establishment submitted for review pursuant to N.J.A.C. 8:27-2.2.
(2) 
Plan review fee for any body art establishment limited plan alteration shall be $125 per plan.
[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.[1]
[1]
Editor's Note: See Ch. 284, Signs.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, regarding minimum lighting requirements, was repealed 5-24-2016 by Ord. No. 6-16.
[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.
A. 
No license shall be revoked until after due notice and a hearing shall have been held before the City Administrator to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least ten 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.
[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.
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.
[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.