[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1977-15, as
amended through Ord. No. 1977-20 (§ 6-5 of the 1972 Ocean Codified Ordinances). Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms are defined:
The practice of a profession, scientifically applied to the
patient by the operator's hands.
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.
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.
A.
Massage therapist license. It is unlawful for any person or persons
to engage in the practice, or attempt to practice, massage, whether
for fee or gratuitously, to conduct massage, without a license issued
pursuant to the provisions of this section.
B.
Massage establishment. It is unlawful for any person or persons to
operate or conduct any massage establishment which does not conform
to the sanitary provisions herein contained, or to employ any person
as a massage operator who does not hold a license.
[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.
A.
Any person desiring to obtain a license to operate a massage establishment
or to perform massage services shall make application to the Township
Clerk, who shall refer all such applications to the Director of Public
Safety, Chief of Police or other designated officer for an appropriate
investigation.
B.
Each application shall be accompanied by a license fee of $100.
[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;
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)
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)
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)
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)
All applicants shall consent to and execute any forms required by
the Ocean Township Police Department for fingerprint identification
and criminal background checks.
A.
Granting of license. Upon payment of the application fee, submitting
of all information required by the application, and upon proper inspection,
a license shall be granted immediately, if all requirements described
in this chapter are met, and unless it shall appear that any such
applicant has deliberately falsified the application, or the record
of such applicant shall reveal a conviction of a felony or a crime
of moral turpitude.
B.
Appeal on denial of license. Any person denied a license pursuant
to these provisions may appeal to the Township Committee, in writing,
stating reasons the license should be granted. The Committee may grant
or deny the license. The Committee may also review any determination
of the director of public safety, the chief of police or other designated
officer, granting or denying license on its own motion.
C.
Licenses to be nontransferable. All licenses issued hereunder are
nontransferable; provided that a change of location of a massage establishment
may be permitted pursuant to the provisions hereof.
D.
Term of license. All licenses issued pursuant to this section shall be for term commencing on January 1 of each year and terminating on December 31 of each year. The license fees provided for in § 233-4 shall not be prorated in the event that an application for a license is made at any time after January 1 of any year.
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.
A.
Notice; hearing. No license shall be revoked until after due notice
and a hearing shall have been held before the Township Committee to
determine just cause for such revocation. Notice of such hearing shall
be given in writing and served at least 10 days prior to the date
of the hearing thereon. The notice shall state the grounds of the
complaint against the holder of such license and shall designate the
time and place where such hearing shall be held.
B.
Service of notice. The notice shall be served upon the license holder
by delivering the same personally or by leaving such notice at the
place of business or residence of the license holder in the custody
of a person of suitable age and discretion. In the event the license
holder cannot be found, and the service of such notice cannot be otherwise
made in the manner herein provided, a copy of such notice shall be
mailed, certified postage fully prepaid, addressed to the license
holder at his/her place of business or residence at least 10 days
prior to the date of such hearing.
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.
