[HISTORY: Adopted by the Board of Health of the Borough of Palisades Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1996 by Ord. No. 96-2]
No person shall be engaged or employed in the borough 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 Board of Health to do so. The license, when issued, is personal and shall not be constructed to grant a certification of occupancy or approval for the use of any premises or location.
As used in this article, the following terms shall have the meanings indicated:
- MASSAGE THERAPIST, MASSAGE TECHNICIAN or MASSEUR
- 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: the art of shiatsu, acupressure or any other body massage therapy, either by hand or with mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; and the use of body rubs, heat lamps, salt glows or tub, shower or cabinet baths. The following procedures may be employed: stroking, friction kneading, vibration, percussion and gymnastics. A massage technician, massage therapist or masseur shall not diagnose or treat classified diseases nor practice spinal or other joint manipulations nor prescribe medicines or drugs.
No such license shall be issued to any person:
Under 18 years of age.
Convicted of a crime of moral turpitude or any sex-related offense.
Unless the applicant provides the Board of Health 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 the application.
Unless a clear full-face photograph of the applicant is submitted to the Board of Health and on an identification card issued by the Palisades Park Police Department.
Unless the applicant accurately and correctly completes a comprehensive written application, in a form to be provided by the Board of Health, which application, among other things, requires a detailed description of the applicant, fingerprinting by the Palisades Park Police Department and prior residence and employment of the last 10 years.
Unless a license fee of $100 is received by the Palisades Park Board of Health for each applicant. The license issued shall expire after December 31 of the calendar year in which it was issued.
Unless the licensee or a person engaged or employed in the Borough of Palisades Park as a massage technician, massage therapist or masseur shall, along with filing the application, attach thereto two color passport photographs, two inches by two inches. Said photographs are not to have been taken more than 30 days prior to the execution of the application.
Unless the licensee or covered employee shall submit to having his/her fingerprints taken as a requirement of the Palisades Park Board of Health application process.
Unless two separate and distinct forms of identification are submitted by the licensee or covered employee while executing the massage therapist, masseur or massage technician application for review by all appropriate officials.
Unless the applicant shall provide a money order or check payable to the Palisades Park Police Department for the sum of $50 to defray the expense 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 an amount which shall be the current charge posted by the New Jersey State Police, Identification Division, for the fingerprint processing fee for each applicant. The fingerprint processing fee may be subject to change as the New Jersey State Police, Identification Division, changes or regulates their fee schedule.
The identification card issued by the Palisades Park Police Department shall be physically located on the premises where such activity is being performed as outlined in § 310-2, so that it can be submitted upon demand at any time during business hours. The identification card shall remains valid for the remainder of the calendar year in which it was issued; as well as the next complete calendar year. It shall expire on December 31 of the third calendar year. The individual holder shall undergo a renewal procedure resulting in the issuance of a new identification card by the Palisades Park Police Department.
No licensee 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 Borough of Palisades Park.
In the event that an applicant shall lose his/her identification card, a replacement card may be obtained via the Palisades Park Police Department for a fee of $25, check or money order.
All massage therapists, massage technicians or masseurs made unlawful by the terms of this article shall comply within 30 days from effective date of this article.
Applicants employed by or working in conjunction with a New Jersey state licensed physician are exempt from fingerprinting and the associated fee of $50 by the Palisades Park Police Department.
[Added 1-14-1997 by Ord. No. 96-7]
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 Board of Health a certification stating the location of the place of business and hours of operation.
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 their license and said license shall be deemed revoked.
A violation by the licensee of any provision of this article 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 licenses operating on the premises.
Whenever the Health Officer, or his/her designee, reasonably believes there exists a violation of this article, he/she may issue a summons and complaint before the local Municipal Court.
The business operation shall be subjected to unannounced Department of Health visits to ensure the protection of the citizens.