[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 7-8-2004 by Ord. No. 1333.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 125, Massage Parlors and Physical Culture Studios, adopted 6-10-1999 by Ord. No. 1183. This ordinance also provided that: "This ordinance shall be deemed
to be in compliance with all state laws, including but not limited
to N.J.S.A. 45:11-53 through 67, the Massage, Bodywork and Somatic
Therapist Certification Act."
No person shall be engaged or employed in the
Township of Saddle Brook as a massage therapist, massage technician
or masseur for which any form of compensation is charged or accepted
without first having obtained a license from the Township to do so.
The license, when issued, is personal and shall not be construed to
grant a certification of occupancy or approval for the use of any
premises or location.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who practices or administers as to all or any
of the following named subjects and who has made a study of the underlying
principles of anatomy and physiology as generally included in a regular
course of study at a school of massage therapy. The art of shiatsu,
acupressure or any other massage therapy either by hand or with mechanical
vibratory apparatus for the purpose of body massaging, reducing or
contouring; the use of body rubs, heat lamps, salt glows, shower or
cabinet baths. The following procedures may be employed: stroking,
friction kneading, vibration, percussion and gymnastics. Massage technician,
massage therapist or masseur shall not diagnose or treat classified
diseases, nor practice spinal or other joint manipulation, nor prescribe
medicines or drugs.
No such license shall be issued to any person:
A.
Under 18 years of age.
B.
Convicted of a crime of moral turpitude or any sex-related
offense.
C.
Unless the applicant provides the Township with an
affidavit from a duly licensed physician of the State of New Jersey
establishing that the applicant is free from contagious and communicable
diseases within 30 days of the date of application.
D.
Unless a clear full face photograph of the applicant
is submitted to the Township and an identification card issued by
the Saddle Brook Police Department.
E.
Unless the applicant accurately and correctly completes
a comprehensive written application, in a form to be provided by the
Township, which application, among other things, requires a detailed
description of the applicant, fingerprinting by the Saddle Brook Police
Department and prior residence and employment of the last 10 years.
F.
Unless a license fee of $100 is received by the Saddle
Brook Township for each applicant. The license issued shall expire
after December 31 of the calendar year in which it was issued.
G.
The licensee or a person engaged or employed in the
Township of Saddle Brook as a massage technician. Massage therapist
or masseur shall, along with filling out the application, attach thereto
two color passport photographs two inches by two inches. Said photograph
is not to have been taken more than 30 days prior to the execution
of the application.
H.
The license or covered employee shall submit to having
his/her fingerprints taken as a requirement of the Township of Saddle
Brook application process.
I.
Two separate and distinct forms of identification
shall be submitted by the licensee or covered employee while executing
the massage therapist, masseur or massage technician's application
for review by an appropriate official.
J.
The applicant shall provide a money order or check
payable to Saddle Brook Police Department for the sum of $50 to defray
the expenses of processing the application. Also, the applicant shall
provide a money order or check to be payable to the New Jersey State
Police, Identification Division, in the amount which shall be the
current charge posted by the New Jersey State Police for the fingerprint
processing fee for each applicant. The fingerprint processing fee
may be subject to change as the New Jersey State Police changes or
regulates its fee schedule.
K.
The identification card issued by the Saddle Brook Police Department shall be physically located on the premises where such activity is being performed as outlined in § 125-2 of this chapter, so that it can be submitted upon demand at any time during business hours. The identification card shall remain valid for the remainder of the calendar year in which it was issued, as well as the next two complete calendar years and it shall expire December 31 of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification care by the Saddle Brook Police Department.
L.
No license shall engage any covered employee connected
with the business of the licensee unless the covered employee has
conformed to the rules and regulations set forth in this section.
If new covered employees are hired by the licensee, such new covered
employees shall comply with the regulations set forth in this section
before being permitted to work in the Township of Saddle Brook.
M.
In the event that an applicant shall lose his/her
identification card, a replacement card may be obtained via Saddle
Brook Police Department for a fee of $25 check or money order.
N.
All massage therapists, massage technicians or masseurs
made unlawful by the terms of this chapter shall comply within 30
days from the effective date of this chapter.
O.
All licensed
premises shall open no earlier than 7:00 a.m. and be closed by 11:00
p.m.
[Added 10-14-2010 by Ord.
No. 1493]
Each license must be conspicuously placed at
all times within the premises where such activity is being performed.
Each applicant must submit in writing to the
Township a certification stating the location of the place of business
and hours of operation. Should there be any change to this chapter,
the Saddle Brook Police Department shall be notified of the same.
The conviction of any applicant or licensee
of any criminal offense, quasi-criminal offense or sanitary code violation
related to the licensed business, or any sex-related offense, shall
constitute a forfeiture of his or her license and said license shall
be deemed revoked.
A violation by the licensee of any provision
of this chapter shall be grounds for the immediate revocation of a
license.
Each licensee shall be deemed responsible for
the clean and safe business operation on the premises. The finding
of a violation of law on said premises shall be grounds for the revocation
of the licensees operating on the premises.
Whenever the Police Chief, or his/her designee,
reasonably believes there exists a violation of this chapter, he/she
may issue a summons and complaint before the local court.
[Amended 10-14-2010 by Ord. No. 1493]
Unless otherwise provided by law, statute or
ordinance, any person violating any of the provisions of this chapter
shall, upon conviction thereof, pay a fine of $500 for the first offense,
$1,000 for the second offense, and $5,000 for a third and each consecutive
offense. Said fine shall be the joint and several responsibility of
the property owner, if the business is owned and operated by another
entity.
The business operation is subject to unannounced
visits by the Township to insure the protection of the citizens.
