[HISTORY: Adopted by the Township Council of the Township of Hillside 3-5-2002;
amended in its entirety 7-9-2002. Subsequent amendments
noted where applicable.]
It shall be a requirement that massage parlors, massage businesses located
on premises where the facility is operated for massage bodywork, somatic therapy
and physical therapy treatment, be permitted in accordance with the provisions
herein.
A.
This chapter shall not apply to or forbid the operation
of any facility for massage, bodywork or somatic therapy, physical therapy
where the facility is a duly licensed medical center, hospital, sanatorium
or the office of a duly licensed physician, osteopath, chiropractor or physical
therapist.
B.
All persons in which the properties and business premises shall be dedicated to the business of massages or massage parlor, somatic therapy and physical therapy including any other designations wherein there is physical contact between individuals for the purpose of manipulating the body, and all those identified by Subsection C shall first receive a certificate of occupancy through the Construction Official of the Township.
C.
If the person operating the business or any of its employees
are identified by title "massage bodywork and somatic therapist," "registered
massage, bodywork and somatic therapist," "certified massage, bodywork and
somatic therapist," "certified massage therapist" or utilize the abbreviations
"MBT," "RMBT," "CMBT," "COBT," or "CMT," then that person must be certified
by the Massage Body and Somatic Therapy Examining Committee of the State of
New Jersey in accordance with N.J.S.A. 45:11-53 et seq.
D.
Before granting the certificate of occupancy, the application
shall be forwarded by the Construction Official to the Board of Health for
their review of the premises as to its adequacy.
E.
In addition to the granting of a certificate of occupancy,
the proprietor of the aforestated business shall apply for a license and pay
an application fee of $50 and an annual permit fee of $350, said fee to be
paid through the Township Construction Official.
F.
Further requirements.
(1)
The hours of operation shall be limited to 8:00 a.m.
to 8:00 p.m., Monday through Saturday.
(2)
The establishment shall keep a record of the date and
hour for each aforementioned massage, the names and addresses of clients and
the name and address of the person administering the massage.
(3)
No massage parlors as defined in this chapter shall operate
within 1,000 feet of any existing massage parlor, as defined, nor any church,
synagogue, or other place of worship or any elementary or secondary school
or any school bus stop, or any municipal or county playground or place of
public resort and recreation or 500 feet of an area zoned for residential
use.
G.
Purpose. The purpose of this chapter is to protect and
preserve the health, safety and welfare of the citizens of the Township of
Hillside and the patrons of such businesses. The Township Council and Mayor
desire to minimize and control any adverse utilization of the businesses aforestated
and to protect the citizens to preserve the quality of life, protect and preserve
property values, and the character of surrounding neighborhoods.
It shall be the obligation of the Township Police Department, through
the Chief of Police, to make necessary assignments to investigate any violations
of a criminal or quasicriminal nature, in particular, but not limited to public
indecency as outlined in N.J.S.A. 2C:34-l and 2C:34-2, and then to take any
necessary action to charge these individuals as per their inherent police
powers.
As to any violations of the nature indicated in § 212-2 among those to be notified is the Construction Official who shall revoke any license.
A.
As to any violations of the nature indicated in § 212-1 it shall be the obligation of the Construction Official, through his agency, to investigate same and to issue a notice of violation to the licensee and to also notify the Township Council and Mayor.
B.
Depending on the nature of the violation, the Construction
Official shall either terminate the license or give the licensee 72 hours
to cure the defect or violation.
C.
If the licensee fails to cure the defect with the seventy-two-hour
period, then he or she shall be subject to a penalty of not less than $1,000,
and if any future violations constituting a second offense, shall be punishable
by a penalty of not less than $2,000 and automatic revocation of license.
