[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 6-12-1991 by Ord. No. 91-10. Amendments noted where applicable.]
Business licenses — See Ch. 175.
No person, firm or corporation shall operate any establishment or utilize any premises in the Borough of Somerdale as or for a massage business unless and until there first has been obtained a license for such establishment or premises from the Borough Clerk of the Borough of Somerdale in accordance with the terms and provisions of this chapter. The word "premises" is hereby defined as any location where massages are performed or from which a massage business is operated.
No person shall render or perform services as a masseur or masseuse or engage in the business of or be employed as a masseur or masseuse unless and until he or she has obtained a masseur's or masseuse's license from the Mayor and Council of the Borough of Somerdale, in accordance with the terms and provisions of this chapter.
Each and every applicant for a license, either for an establishment or premises to be used for a massage business or for a masseur's or masseuse's license, shall set forth the following information in writing on forms provided by the Borough Clerk:
The name and 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 masseur's or masseuse'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.
All renewal license fees shall be due and payable to the Borough Clerk of the Borough of Somerdale at her office in the Borough of Somerdale, New Jersey, on the first day of January of each year, and all such licenses shall expire on the first day of January following such payment.
Upon submission of a completed application and the appropriate fees to the Borough Clerk, the Borough Clerk shall forward a copy of the application to the Chief of Police of the Borough of Somerdale, who shall conduct or cause to be conducted an investigation thereon. The Chief of Police shall make a written report of his investigation findings to the Mayor and Council of the Borough of Somerdale, who may conduct a hearing with respect to any application under this chapter prior to approval of said application. Each application which is submitted to the Borough Clerk shall be approved by the Mayor and Council before any license is issued. The Mayor and Council shall not approve such application if, on the basis of the past criminal record of the applicant or of the principals of a corporate applicant, or on the basis of other evidence of bad character or morals, the Mayor and Council shall determine that the granting or renewal of such license would tend to encourage or permit criminal or immoral activities within the Borough of Somerdale.
No person engaged or employed in the business of a masseur or masseuse shall massage or otherwise treat a person of the opposite sex.
Any person, firm or corporation which shall be granted a license under this chapter shall be required to keep accurate records which shall indicate the name of the licensed person administering the massage and the name, address and telephone number of the person receiving the massage. Said record shall also indicate how the name, address and telephone number of the person receiving the massage verified this information. The means of identification shall be driver's license. In the event that a driver's license is not available, the record shall indicate what identification was available for verification. No massage shall be administered to a person who does not have available some means of identification sufficient to verify their name and address: Said records shall be available for inspection by Borough officials during the normal business hours of said licensee or on reasonable notice by the Borough.
The provisions of this chapter shall not apply to massage of physical therapy treatments given:
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
In a regularly established medical center, hospital or sanitarium having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapists.
By any licensed physician, osteopath, chiropractor or physical therapist in the residence of his patient.
If, for any reason, any section, any part of a section, paragraph or provision of this chapter shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section, any part of a section, paragraph or provision of this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following violations and penalties:
Any repetition of any violation of this chapter shall be deemed a new offense.