As used in this chapter, the following terms are defined:
MASSAGE
The practice of a profession, scientifically applied to the
patient by the operator's hands.
MASSAGE ESTABLISHMENT
Any massage establishment, or place of business wherein massage
as to all, or any one or more, of the above named subjects and methods
of treatments, as defined in this section shall be administered or
used.
MASSAGE THERAPIST
Any person who practices or administers as to all or any
of the following named subject matters and who has made a study of
the underlying principals of anatomy and physiology as generally included
in a regular course of study by a recognized and approved school of
massage; to wit, the art of body massage either by hands, or with
a mechanical or vibratory apparatus for the purpose of body massaging,
reducing or contouring; the use of oil rubs, heat lamps, salt glows,
hot and cold packs, tub, shower or cabinet baths. Variations of the
following procedures are employed: touching, stroking, friction, kneading,
vibration, percussion and medical gymnastics. Massage therapists shall
not diagnose or treat classified diseases, nor practice spinal and
other joint manipulations, nor prescribe medicines or drugs.
[Amended by Ord. No. 2002-28]
All applicants must meet the requirements of certification pursuant
to the provisions of N.J.S.A. 45:11-53 et seq., as a massage, bodywork
and somatic therapist.
[Added by Ord. No. 2006-16]
The information to be provided for each license under this chapter
shall be the following:
A. Name of business, location, phone number, fax number and tax ID number;
B. Type of business ownership; i.e., corporation, partnership, individual,
LLC;
C. If individual or partnership, for each such individual or partner
state:
D. If a corporation or limited liability company, for each officer,
director and individual holding more than 10% of the stock, state:
E. Name and physical location of landlord, if any;
F. List the names of all employees who will work at this location and
for each such employee state: name; residential address; age; driver's
license number; social security number; state license number; physical
description including height, weight, sex, eye color. Also attach
two front face photos, at least two inches in size, taken within 30
days of the application;
G. Attach hereto sworn statements as follows:
(1)Â Indicating that all massage, bodywork and somatic therapists employed
or to be employed, or are otherwise permitted to work at this facility
have been certified by the state of New Jersey pursuant to N.J.S.A.
45:11-53 et seq.;
(2)Â Whether any owner, partner, officer, director or shareholder has
ever been denied a permit or license, or had such license or permit
revoked or suspended and the reason therefor by any other municipality,
county or state agency;
(3)Â A list of all criminal convictions of any officer, director, individual
owner, partner, or shareholder, and employees including the jurisdiction
thereof, the offense convicted of and the circumstances of same;
(4)Â All applicants shall consent to and execute any forms required by
the Ocean Township Police Department for fingerprint identification
and criminal background checks.
Every person to whom license shall have been granted shall display
such license in a conspicuous place at his/her place of business.
No license to conduct a massage establishment shall be issued
unless an inspection discloses that the establishment complies with
each of the following minimum requirements.
A. Sign. A readable sign shall be posted at the main entrance identifying
the establishment as massage establishment; provided, also, that all
such signs shall otherwise comply with the general sign requirements
of the Township.
B. Lighting. Minimum lighting shall be provided in accordance with the
applicable ordinances of the Township and, additionally, at least
one artificial light of not less than 40 watts shall be provided in
each enclosed room or booth where massage services are being rendered.
A change of location of the massage premises shall be approved
by the Director of Public Safety, the Chief of Police or other designated
officer, provided all applicable ordinances are complied with and
the change of location fee of $25 is paid first.
It shall be the responsibility of the holder of the license
for a massage establishment to ensure that each person employed as
a massage therapist shall first have obtained a valid license pursuant
to this chapter.
At least twice each year, an inspection of each massage establishment
may be made for the purpose of determining that the provisions of
this chapter are met.
The license of a massage therapist may be revoked upon one or
more of the following grounds:
A. That the licensee is guilty of fraud in the practice of massage,
or fraud or deceit in his being licensed to the practice of massage;
B. That the licensee has been convicted in court of competent jurisdiction
of a felony. The conviction of a felony shall be the conviction of
any offense which, if committed within this state, would constitute
a felony under the laws thereof;
C. That the licensee is engaged in the practice of massage under false
or assumed name, or is impersonating another practitioner of a like
or different name;
D. That the licensee is addicted to the habitual use of intoxicating
liquors, narcotics or stimulants to such an extent as to incapacitate
such person for the performance of his/her professional duties;
E. That the licensee is guilty of fraudulent, false, misleading or deceptive
advertising, or that he/she prescribes medicines, drugs, or practices
any other licensed profession without legal authority therefor;
F. That the licensee is guilty of willful negligence in the practice
of massage, or has been guilty or employing, allowing or permitting
any unregistered person to perform massage in his/her establishment;
G. That the licensee has violated any of the provisions of this chapter.
The requirements of this chapter shall have no application and
no effect upon and shall not be construed as applying to physicians,
surgeons, chiropractors, osteopaths, or any nurse working under the
supervision of a physician, surgeon, chiropractor, or osteopath duly
licensed to practice such professions in this state. Practical nurses
or other persons without qualifications as massage therapists, whether
employed by physicians, surgeons, chiropractors, or osteopaths or
not, may not render massage or massage procedures.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment
for not more than six months, or fine not exceeding $500 or by both
such fine and imprisonment.