(A) Licensing and application process for a massage establishment. Under procedures established by the Police Department, a person may obtain a massage establishment license by completing the requirements as set forth in this chapter and submitting the information in writing to the Police Department that, at a minimum, requires the applicant to provide:
(1) The applicant's name, current address, the location and mailing address of the proposed establishment, and any address where the applicant has conducted business for the past five years;
(2) If the applicant is an association or a partnership, the names and resident addresses of each of the associates or partners. If the applicant is a corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If one or more of the stockholders owning more than 10% of the applicant corporation is itself a corporation and owns at least 33% of the stock of the applicant corporation, the names and resident addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation. If the massage establishment is to be managed by someone other than the applicant, the name and resident address of each manager. Each person who must be identified on the application under this division is considered an applicant under these regulations;
(3) A description of the facilities and services to be available on the premises of the proposed establishment;
(4) The applicant's employment history for the three-year period preceding the date of application;
(5) A statement regarding whether the applicant has ever been convicted of, or received probation before judgment in lieu of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime; a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole;
(6) All necessary signatures and approvals to authorize a complete criminal background check for all applicants;
(7) A copy of the applicant's fingerprints, which must be taken by company currently contracted to conduct fingerprinting for the Police Department, upon payment of the fee established by law, and four passport-style photographs of the applicant, consisting of three front and one side view;
(8) The required fee;
(9) The history of the applicant in the operation of massage establishments, including whether or not the person, in previously operating in this or another county or state under license, registration or permit, has had a license, registration, or permit revoked or suspended, and the reason for the revocation or suspension, and the business activity or occupation of the applicant after the suspension or revocation;
(10) The applicant's statement under oath that all of the information contained in the application is true and correct;
(11) Evidence that the applicant has a comprehensive general liability insurance policy from an insurer licensed in New Jersey in the amount of at least $1,000,000 that covers all acts of the licensee; a certificate indicating that a massage establishment manager(s) and all massage workers have professional liability insurance in the amount of $500,000 each; and evidence that the applicant has workmen's compensation insurance coverage as may be required under state law; and
(12) Evidence that the applicant has a license and permit bond in the amount of $10,000 to cover all activities at the massage establishment.
(B) Licensing and application process for massage establishment manager license. Under procedures established by the Police Department, a person may obtain a massage establishment manager license by completing the requirements as set forth in this chapter and submitting the information in writing to the Police Department that, at a minimum, requires the applicant to provide:
(1) Nature of applicant. Only individuals may apply for a massage establishment manager license.
(2) Names, addresses and phone numbers. Each application must include:
(a) The full name of the applicant, including any maiden name, alias or name under which the applicant has previously been known;
(b) The applicant's date of birth, residence address, Social Security number, and residence phone number at the time of application, and for the three-year period preceding the date of application; and
(c) The applicant's business address and business phone number at the time of application.
(3) Fingerprints. A complete set of fingerprints of the applicant taken by the Police Department must accompany each application.
(4) Location of worksite; ownership.
(a) An application for a manager license must include:
1. The location and mailing address of the massage establishment in the Township where the applicant will be working;
2. The phone number of the massage establishment (if the establishment has phone service at the time of application); and
3. The name of the person who holds the Township license to operate the massage establishment where the applicant will be working.
(b) A license under this section is only valid at a single establishment. If an individual works as a manager at more than one establishment, the individual must apply separately for a license for each establishment.
(5) History of applicant; training and experience. The application must include:
(a) A description of the applicant's training and experience, including any licenses to administer massages or to manage or operate a massage establishment, or diplomas or certificates from professional organizations recognized by the State of New Jersey; and
(b) The names and addresses of each massage establishment where the applicant has been employed, and the dates of employment. If the applicant has not been employed by a massage establishment during the past three years, the names and addresses of the applicant's employers during the three years preceding the application.
(6) History of applicant; prior license history. The application must include information regarding any massage-related permit, registration or license that has been denied, suspended or revoked, and the reasons for the denial, suspension or revocation.
(7) Criminal record. The application must include the criminal or arrest record, if any, other than misdemeanor traffic violations, of the applicant.
(8) Proof of age. The application must include written proof that the applicant is at least 18 years of age.
(9) Legally employable. The application must include documentation supporting the individual's legal authority to work in the United States.
(10) Photographs. The application must include three recent color photographs of the applicant, not more than two inches square.
(11) The application must include evidence that the applicant has a professional liability insurance policy from an insurer licensed in New Jersey in the amount of $500,000, which covers all acts involved with employment at a massage establishment.
(12) The application must include evidence that the applicant has a license and permit bond in the amount of $10,000 that covers all acts involved with employment at a massage establishment.
(C) Licensing and application process for massage workers. Under procedures established by the Police Department, a person may obtain a massage establishment worker license by completing the requirements as set forth in this chapter and submitting the information in writing to the Police Department that, at a minimum, requires the applicant to provide:
(1) This section requires that all individuals who perform massages hold a license;
(2) Each person applying for a massage worker license must submit a written application, made under oath or affirmation, in the form provided by the Zoning Office. The Zoning Office shall refer the applicant to the Police Department to obtain the appropriate massage worker license forms. Each person who makes an application must provide the following:
(a) The person's full name, residential address, and residential telephone number;
(b) The name and address of the massage establishment where the person is to be employed, and the name of the owner of the establishment;
(c) The names and addresses of any previous massage establishments where the person has been employed for the three-year period preceding the date of application;
(d) The applicant's employment history for the three-year period preceding the date of application;
(e) A statement regarding whether the applicant has ever been convicted of, or pled guilty to, or received probation before judgment in lien of a conviction of, a crime other than a traffic offense for which imprisonment was not a possible punishment; the nature of the crime and a description of the disposition of the matter; and the name and address of any parole or probation officer or agency that may have knowledge of the offense or the proper completion of any sentence, probation or parole;
(f) All necessary signatures and approvals to authorize a complete criminal background check;
(g) A copy of the applicant's fingerprints, which must be taken by the Police Department upon payment of the fee established by this code, and four passport-style photographs of the applicant, consisting of three front and one side view;
(h) The required fee;
(i) The applicant's statement under oath that all of the information contained in the application is true and correct;
(j) Health certification. Every applicant for a new or renewal massage worker registration must undergo a physical examination for communicable diseases. The examination must include a tuberculosis skin test administered and interpreted by a licensed physician or registered nurse, together with any other laboratory tests required as part of the examination by a licensed physician. This certification must be issued within 30 days of the examination, and signed by a physician stating that the person examined appears, at the time of the exam, to be free from any communicable disease. The examination must have been done no more than 60 days prior to submitting a new application or the expiration date for a renewal application, An application for issuance or renewal of a license cannot be accepted without the physician's certificate;
(k) Evidence that the applicant has a professional liability insurance policy from an insurer licensed in New Jersey in the amount of $500,000, which covers all acts involved with their employment at a massage establishment;
(3) The Police Department shall review all applications required under this chapter and provide written notification to the Municipal Clerk of the approval or denial of the application;
(4) The Municipal Clerk shall issue the appropriate license only to those applicants that have been approved by the Police Department and have provided a certificate of occupancy issued by the Zoning Office.
(D) Exemptions. The following categories of individuals and establishments are exempt from the licensing requirements under these regulations, but, upon request of any police officer or Township zoning official, must produce certification from the State Board or other certifying board as proof that the person(s) has certification or registration in good standing:
(1) A person who is a certified massage therapist or registered massage practitioner or otherwise approved by the Board of Chiropractic Examiners, and who operates an independent practice or performs massage in a massage establishment;
(2) An athletic trainer who meets the following criteria and applies for the appropriate application for an exemption:
(a) Currently certified by the National Athletic Trainers' Association Board of Certification (NATABOC) or a comparable organization that is certified by the National Commission of Certifying Agencies and works under the supervision of a physician; or
(b) Affiliated with an accredited educational institution or professional athletic organization whose members are participating in athletic competition or events sponsored by these organizations; or
(3) An establishment where only certified massage therapists or registered massage practitioners or others approved by the Board of Chiropractic Examiners perform massage.
(E) Criteria for denying issuance or renewal of a massage establishment, massage establishment manager license and/or massage establishment worker license. A massage establishment license, massage manager license or massage worker license shall not be issued or renewed if the Police Department determines that:
(1) Any applicant or manager who has, within five years immediately preceding the date of the application, been convicted of, pled guilty to, or who has within the last three years immediately preceding the date of the application been released from prison based on a conviction of, guilty plea to, or who has been placed on probation without a finding of guilt for, or who has within three years immediately preceding the date of the application completed a period of probation based upon a charge for:
(a) Any offense involving violence, or an offense involving a weapon;
(b) Any sex offense as defined in N.J.S.A. 2C of the State of New Jersey Criminal Code, to include first and second degree rape and first, second, third and fourth degree sex offenses;
(c) Prostitution or soliciting for prostitution;
(d) Violation of any laws governing controlled dangerous substances; or
(e) Violation of gaming laws.
(2) Any applicant who makes a false statement or gives a false answer to any question on any form required by the Department, or who attempts to procure or procures a license by fraud, misrepresentation, misleading statements, evasion or suppression of material facts.
(F) Change of information contained in license application.
(1) Each licensee to whom the Township has issued a massage establishment license or manager license must report to the Police Department any change in any of the information required to be provided in a massage establishment or manager application.
(2) The person must make a written report of any change and deliver the report to the Police Department at least 48 hours after learning of the change. Failure to deliver a report of a change to the Police Department at least 48 hours after learning of it is grounds for denial or revocation of the license.
(G) Term of massage establishment license, manager license and worker license. The term of each massage establishment license, manager and worker license issued by the Township is one year, effective from January 1 and expiring December 31 of each year.
(H) Massage establishment license, manager license and worker license annual fees Except as provided in this section, each applicant must submit an application and an annual fee in the amount established in the fee schedule to the Clerk with the initial license application and each renewal.
(I) Massage establishment license, manager license and worker license renewal.
(1) Any person to whom the Township has issued a massage establishment license, manager license or worker license may renew the license, unless the license has expired or has been revoked by the Township. Each renewal applicant must deliver a written license renewal application, on the form provided by the Township, to the Clerk on or before 30 days before the license expires. In the license renewal application, the applicant must swear or affirm that the licensed massage establishment is being operated in compliance with the minimum standards for a massage establishment license.
(2) The renewal applicant must submit to the Clerk an annual fee with the renewal application in the amount established in the fee schedule.
(3) The term of each renewed massage establishment license, manager license and worker license is one year.
(J) Change of location for massage establishment facility. A person to whom the Township has issued a massage establishment license must not change the location of the massage establishment within the Township unless:
(1) The person notifies the Clerk in writing, on a new application form, of the intent to change locations before the change occurs;
(2) The person submits a change of location fee, in the amount established in the fee schedule, to the Clerk; and
(3) The Police Department approves the change of location based on establishment licensing requirements of this Township Code.
(K) Massage establishment licenses not transferable. A person to whom the Township has issued a massage establishment license must not transfer the license to any other person.
(L) Inspections.
(1) A person who operates a massage establishment must permit the Police Department to enter the massage establishment to conduct an inspection. At the Police Department's request, a person operating a massage establishment must:
(a) Produce all business and employment records, including customer registries, licenses, certificates; and registrations that are required by the State of New Jersey or this Code;
(b) Give the Police Department access to enter and inspect the entire massage establishment; and
(c) Permit the Police Department to interview all employees, customers, and agents of the person who is licensed to operate the massage establishment.
(2) If a person who is licensed to operate a massage establishment does not permit the Police Department to conduct an inspection as required by this regulation, or to cooperate with an inspection, the person violates this Code, and the Police Department may deny that person's application for a massage establishment license or revoke that person's massage establishment license.
(Ord. 71-05, passed 6-27-05; Am. Ord. 202-11, passed 12-28-11) Penalty, see § 119.99