It shall be the duty and responsibility of the
Millville Police Department to enforce the provisions of this article
as herein provided.
The Millville Police Department shall have those
powers and duties which are necessary to carry out the intent and
purpose of these regulations, including, but not limited to, the following
enumerated powers and duties:
A. To determine which persons within the City are operating
a massage business.
B. To require proof of a background investigation from
an authorized agency be provided at time of making application for
a massage business license.
[Amended 8-7-2018 by Ord.
No. 42-2018]
C. To require proof of fingerprinting from an authorized
agency be provided at time of making application for a massage business
license.
[Amended 8-7-2018 by Ord.
No. 42-2018]
D. To inspect the premises and business records of the
owner and operator which are required to be maintained pursuant to
these regulations. The Chief of Police, or his designee, may at any
time, and shall at least once each year, investigate the business
of the licensee and inspect the books, papers and records of the licensee
wherever located.
E. The Chief of Police, or his designee, is authorized
to enter the business of the licensee at reasonable times for the
purpose of making inspections and performing duties under these regulations.
If entry is refused, or not obtained, the Chief of Police, or his
designee, may obtain an order from the Municipal Court or any other
court of competent jurisdiction authorizing entry.
The purpose of this article is to provide standards
and to regulate the manner in which a massage business shall be operated
within the City of Millville to ensure the protection of the public
health, safety and welfare. Furthermore, this article is designed
to deter and detect the practice of prostitution. These regulations
shall not apply to the following activities:
D. The professional offices of chiropractors, osteopaths,
physicians, surgeons or other medical providers licensed by the State
of New Jersey.
As used in this article, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended.
EMPLOYEE
Any person over 18 years of age, other than a masseur, who
renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
MASSAGE
Any method of treating the superficial parts of the patron
for medical, hygienic, exercise or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands or any instrument or by the application of air, liquid or
vapor baths of any kind whatsoever.
MASSEUR
Any person who engages in the practice of massage as herein
defined. The use of the masculine gender shall include in all cases
the feminine gender as well.
PATRON
Any person over 18 years of age 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.
RECOGNIZED SCHOOL
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 of not less than
70 hours before the student shall be furnished with a diploma or certificate
of graduation from such school following the successful completion
of such course of study or learning.
It shall be unlawful for any person to engage
in a massage business or act as a masseur within the City unless licensed
pursuant to this article. Additionally, all such persons shall have
successfully completed the required training in a recognized school.
A. The license required shall be known as a “massage
business license” and shall be issued by the City Clerk after
the payment of the required application fee and compliance with these
regulations. A copy of the license issued shall be filed by the City
Clerk with the Chief of Police.
[Amended 3-18-2014 by Ord. No. 8-2014]
B. The annual application fee shall be $10 and shall
be payable at the time the application is filed with the City Clerk.
The annual license fee shall be $100 and payable at the time the license
is issued.
[Amended 3-18-2014 by Ord. No. 8-2014; 8-7-2018 by Ord. No. 42-2018]
C. Annual licenses shall run from January 1 to December
31 of each year. All applications for an annual license or renewal
shall be filed with the City Clerk on or before January 10 of each
year. All licenses expire on December 31 of each year.
D. The license issued shall be prominently displayed
on the business premises at all times.
E. No licensee shall allow the use of his, her or its
name by any person directly or indirectly for the purpose of engaging
in a massage business in any location other than the licensed premises.
F. A license may be issued without a separate license
fee for a masseur who is employed by a licensee and performs his services
exclusively for the licensee at the licensed premises, provided all
other regulations have been satisfied.
The application for the license required by
this article shall be made in writing and filed with the City Clerk
on a form provided by his office. The application shall contain the
following information.
A. The name and address of the applicant.
B. The date of birth and driver's license number of the
applicant.
C. The place of residence of the applicant for the last
two years.
D. Information as to whether the applicant has ever been
convicted of a crime and where the conviction took place.
E. The names and addresses of two character references.
F. The location of the business.
G. If the applicant is a partnership, the personal information
required shall be furnished for each general partner. If the applicant
is a corporation, the personal information required shall be furnished
for each officer and each shareholder with at least a twenty-percent
interest in the corporation.
H. Each applicant shall be fingerprinted by an agency
authorized to perform fingerprinting and the prints shall be submitted
to federal and state authorities for comparison and criminal record
investigation. In the case of partnerships and corporations, those
persons who are required to provide information for the application
shall submit fingerprinting.
[Amended 8-7-2018 by Ord.
No. 42-2018]
I. Diploma, certificate or other written proof of graduation
from a recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
Any person who shall violate any of these regulations shall, upon conviction thereof, be subject to a fine of not less than $200 for each offense. The maximum penalties are set forth in Chapter
1, General Provisions, Article
III.