[HISTORY: Adopted by the Township Council of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Sec. 5-11 of the 1994 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The administration by any person or method of exerting or applying pressure, friction, moisture, heat or cold to the human body with a rubbing, stroking, kneading, pounding or tapping of the human body by any physical or mechanical means for any form of consideration.
- MASSAGE BUSINESS
- Any establishment or business wherein massage is practiced, including establishments commonly known as "health clubs," "physical culture studios," "massage studios" or "massage parlors."
- MASSAGE PARLOR
- Any establishment or operation wherein a massage is administered or is permitted to be administered when such massage is administered for any form of consideration.
- MASSEUR or MASSEUSE
- Any person, including a trainee, who, for any consideration whatsoever, engages in the practice of massage as herein defined.
No person shall operate any establishment or utilize any premises in the Township as or for a massage business, unless or until there first has been obtained a license for such establishment or premises from the Township Clerk in accordance with the terms and provisions of this chapter.
No person shall render or perform services as a masseur or masseuse, or engage in the business of or be employed as a masseur or masseuse, unless and until he/she has obtained a masseur's or masseuse's license from the Board of Health of the Township in accordance with the terms and provisions of this chapter.
Each and every applicant for a license, either for an establishment or premises to be used for a massage business or for a masseur's or masseuse's license, shall submit an application in accordance with § 133-1 of this Code.
If the applicant desires a masseur's or masseuse's license, the application shall also set forth all employment for a period of three years prior to making the application.
The applicant for a license under this chapter shall pay an annual license fee as set forth in Chapter 80, Fees, of this Code.
In the event that a license is granted after February 1 in any year, the annual license fee shall be prorated for that portion of the year remaining.
License renewal fees shall be due on February 1 of each year.
Each application for a license, or the renewal thereof, either to operate a massage establishment or premises or to engage in the business of or to be employed as a masseur or masseuse, which is submitted to the Township Clerk shall be approved by the Township Council before any license is issued. The Township Council shall not approve such application if, on the basis of the past criminal record of the applicant, or of the principals thereof, or on the basis of other evidence of bad character or morals, it shall determine that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Township.
Every applicant for such license shall comply with N.J.S.A. 45:11-53 et seq. and provide a massage certificate from the state to the municipality complying with all conditions of this act.
[Amended 9-22-2004 by Ord. No. 23-2004]
Records to be kept. Any person who shall be granted a license under this chapter shall be required to keep accurate records which shall indicate the name of the person administering the massage and the name, address and telephone number of the person receiving the massage. Such record shall also indicate how the name, address and telephone number of the person receiving the massage verified this information. The means of identification shall be a driver's license, but in the event that a driver's license is not available, the record shall indicate what identification was available for verification. No massage shall be administered to a person who does not have available some means of identification sufficient to verify his/her name and address. Such records shall be available for inspection by Township officials during the normal business hours of the licensee, or on reasonable notice by such Township official.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
In a regularly established medical center, hospital or sanitarium having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapists.
By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his/her patient.