For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
MASSAGE
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body,
or the rubbing, stroking, kneading, pounding or tapping of the human
body by any physical or mechanical means for any form of consideration.
MASSAGE ESTABLISHMENT
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.
MASSAGIST
Any person, male or female, who administers a massage for
any form of consideration.
No person, firm or corporation shall operate any establishment
or utilize any premises in the Borough of Paramus in the County of
Bergen as or for a massage establishment unless or until there first
has been obtained a license for such establishment or premises from
the Borough Clerk of the Borough of Paramus in accordance with the
terms and provisions of this chapter.
No person shall render or perform services as a massagist or
engage in the business or be employed as a massagist unless and until
he or she has obtained a massagist's license from the Borough
Clerk of the Borough of Paramus in accordance with the terms and provisions
of this chapter. Said application shall contain a photograph or portrait
of the applicant.
Each and every applicant for a license, either for an establishment
or premises, to be used for a massage establishment or for a massagist's
license shall set forth the following information in writing on forms
provided by the Borough Clerk:
A. The name and residence address of the applicant and all former addresses
for a period of three years prior to making the application.
B. The address of the establishment or premises to be used in the massage
business and a physical description of the property and facilities
if the applicant desires a license for said establishment or premises.
C. If the applicant desires a massagist's license, a statement
of all employment for a period of three years prior to making the
application.
D. A statement as to whether or not the applicant, or any officer or
director thereof, if a corporation, has ever been convicted of a crime
in this or any other state.
[Amended 4-7-2015 by Ord.
No. 15-08]
The applicant for a license for a massage establishment or premises
shall pay an annual license fee of $200, which license fee shall become
due on the first of January in each year. The applicant for a massagist's
license shall pay an annual license fee of $50, which license fee
shall become due on the first of January in each year.
Editor's Note: See N.J.S.A. 45:11-53 for licensing of massage
therapist.
The Municipal Council shall approve the issuance of a massage
establishment license if all requirements for a massage establishment
described in this chapter are met, unless it is found:
A. The operation as proposed by the applicant if permitted would not
have complied with all applicable laws, including, hut not limited
to, the Building, Health, Housing, Zoning and Fire Codes of the Borough
of Paramus.
B. That the applicant and any other person who will be directly engaged
in the management and operation of a massage establishment has been
convicted of:
(2) An offense involving sexual misconduct.
(3) Obscenity, keeping or residing in a house of ill fame, solicitation
of a lewd or unlawful act, prostitution or pandering.
C. Based on the past criminal record of the applicant, or the principal
thereof; or based on other evidence of bad character or morals, it
is found that the granting or renewal of the license would tend to
encourage or permit criminal or immoral activities within the Borough
of Paramus.
The Borough Clerk shall approve the issuance of a massagist
license unless it is found:
A. That the applicant has been convicted of:
(2) An offense involving sexual misconduct.
(3) Obscenity, keeping or residing in a house of ill fame, solicitation
of a lewd or unlawful act, prostitution or pandering.
B. Based on the past criminal record of the applicant, or the principal
thereof, or based on other evidence of bad character or morals, it
is found that the granting or renewal of the license would tend to
encourage or permit criminal or immoral activities within the Borough
of Paramus.
The provisions of this chapter shall not apply to massage or
physical therapy treatments given:
A. In the office of a licensed physician, chiropractor or physical therapist.
B. In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists.
C. By any licensed physician, chiropractor or physical therapist in
the residence of his patient.
D. By any establishment or person having a certificate of certification
issued in accordance with N.J.S.A. 45:11-53 et seq.
A recognizable and legible sign shall be posted at the main
entrance to any building or to the portion of a building used as a
massage establishment identifying the premises as a massage establishment,
and recognizable and legible signs shall be posted in all exits identifying
each such exit. All such signs shall be posted in accordance with
all existing municipal ordinances.
[Amended 3-14-2006 by Ord. No. 06-2]
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided by §
1-15 of this Code.