[Added 8-19-2003 by Ord. No. 21-2003]
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:
A. 
Hospitals.
B. 
Medical clinics.
C. 
Nursing homes.
D. 
The professional offices of chiropractors, osteopaths, physicians, surgeons or other medical providers licensed by the State of New Jersey.
E. 
Sanitariums.
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.
A. 
Every person who operates a massage business shall, at all times, keep an appointment book in which the name of each and every patron shall be entered, together with the date, time, place of service and the service provided. The appointment book shall be made available at all times for inspection by the Chief of Police or his authorized representative.
B. 
Price rates for all services shall be prominently posted in the reception area in the location available to all prospective customers.
C. 
The premises to be licensed shall be inspected by the Construction Official and the subcode officials for the safety of the structure and the adequacy of illumination, heating, plumbing and ventilation. Inspections shall be conducted periodically to ensure continued compliance.
D. 
The premises to be licensed shall be inspected by the Zoning Officer to ensure compliance with the Land Use and Development Regulations.[1]
[1]
Editor's Note: See Ch. 30, Land Use and Development Regulations.
E. 
The walls shall be clean and painted with washable and mold-resistant paint in all rooms where water or steam baths are given.
F. 
Floors shall be free from any accumulation of dirt, dust or refuse.
G. 
All equipment used in the massage operation shall be maintained in a clean and sanitary condition.
H. 
Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets, provided such paper is changed for every patron.
I. 
Creams, lotions, oils or other preparations used in administering massages shall be kept in clean and closed containers or cabinets.
J. 
Eating in the massage work area shall not be permitted.
K. 
All employees, including the masseurs, shall be clean and wear clean and nontransparent outer garments.
L. 
All masseurs shall wash their hands in hot running water, using the proper soap or disinfectant before administering a massage to a patron.
M. 
No massage practice or service shall be carried on within any booth, cubicle, room or any area within a massage establishment which is fitted with a door capable of being locked.
N. 
The sexual or genital area of patrons must be covered by cloths, towels or undergarments when in the presence of an employee or masseur.
O. 
It shall be unlawful for any person in a massage establishment to knowingly place his or her hand upon or to touch with any part of his or her body, or to fondle in any manner, or to massage a sexual or genital area of any other person.
P. 
No masseur, employee or operator shall perform, offer or agree to perform any act which would require the touching of the patrons sexual or genital areas.
Q. 
The licensee shall have the premises supervised at all times when open for business.
R. 
Any business rendering massage services shall have one person who qualifies as a masseur on the licensed premises at all times when the services are listed as being offered and as set forth in the application for the license.
S. 
The licensee shall personally supervise the business and shall not violate, or permit others to violate, any of the regulations contained herein.
T. 
The violation of any of these regulations by an agent or employee of the licensee shall constitute a violation by the licensee.
U. 
No persons shall permit any person under the age of 18 years to come or remain on the premises of any massage business as a masseur, employee or patron.
A. 
Any applicant for a license may be denied a license by the City Clerk, or any license issued may be suspended or revoked by the Director of Public Safety for any of the following causes:
(1) 
The applicant or licensee has filed an application containing false information.
(2) 
The applicant or licensee has failed to comply with these regulations.
(3) 
The applicant or licensee has been convicted of an offense under these regulations,
(4) 
The applicant or licensee has violated the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.
(5) 
The applicant or licensee has been convicted of a criminal offense in the State of New Jersey or any other state.
B. 
The applicant or licensee may appeal the decision of any municipal official by filing a request for a hearing before the Board of Commissioners with the City Clerk within 10 days of receiving the notice of the denial, suspension or revocation of the license. The hearing shall be held within 20 days after the request is filed with the City Clerk.
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.