[HISTORY: Adopted by the Mayor and Council of the Borough of Paramus 8-27-2002 by Ord. No. 02-24. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
- 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.
- 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:
The name and residence address of the applicant and all former addresses for a period of three years prior to making the application.
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.
If the applicant desires a massagist's license, a statement of all employment for a period of three years prior to making the application.
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:
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.
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:
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:
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.
Any license issued for a massage establishment may be revoked or suspended by the Borough Council, after a public hearing before the Borough Council, where it is found that any of the provisions of this chapter are violated or where the licensee, including a masseur or masseuse, has been convicted of any offense found in § 293-7A and the licensee has actual, or constructive knowledge of the violation or conviction or in any case where the licensee refuses to permit any duly authorized police officer or health inspector of the Borough of Paramus to inspect the premises or the operations therein.
The Municipal Council, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against the licensee and the opportunity for a public hearing before the Municipal Council, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
The provisions of this chapter shall not apply to massage or physical therapy treatments given:
In the office of a licensed physician, chiropractor or physical therapist.
In a regularly established medical center, hospital or sanatorium having a staff which includes licensed physicians, chiropractors and/or physical therapists.
By any licensed physician, chiropractor or physical therapist in the residence of his patient.
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.