Legal Question in Business Law in New Jersey
Legality of a town ordinance regarding a business
A friend of mine sits on the council of the town of Rahway, NJ. I asked his help with looking into what I would need to do in regards to opening a massage therapy clinic in Rahway. So he made inquiries and found out to both his surprise and mine that the mayor of Rahway had apparently issued an ordinance a few years ago that massage therapy cannot be practiced within the town limits of Rahway.
It seems that upon further investigation, my friend found out that the mayor has a personal dislike for the practice of massage and considers it to be just a front for prostitution. Now my question to you is, can the mayor really enact such an ordinance to ban a business even if they're capable of proving their legitimacy (producing school transcripts, certifications, etc.) especially now that massage therapy has been made a licensed profession by the state of NJ?
I also ask this because my friend has gained the impression from his queries that this ''ordinance'' was never officially voted on. The mayor has been in his position for many many years and may very well have had the ordinance added to the books on his own. So, I'm curious if he can really do this and how hard or easy it would be to have it reversed.
1 Answer from Attorneys
Re: Legality of a town ordinance regarding a business
It has become commonplace for municipalities to pass ordinances to regulate massage establishments. Some regulation is permissible and some is not. I would have to look over the particular ordinance to be able to give an opinion. I have handled similar matters in the past and have found that legitimate massage establishments are usually permitted if the workers and supervisors are NJ-licensed massage therapists and health standards are observed. That said, it may be expensive and time consuming for your friend to try to open a business where it is not wanted. Also, even where a legitimate massage establishment is permitted, management has to be continuously vigilant. A masseuse who freelances in violation of the law can cause the business a lot of damage.
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