This chapter shall be know as the “Massage
and Massage Establishments Law of the Town of Greece.”
The Town Board of the Town of Greece has determined
that business activities arising from the unlicensed, unlawful or
unauthorized practice of massage or massage therapy in violation of
the Education Law of the State of New York and other codes and ordinances
of the Town of Greece pose hazards to the health, safety, welfare,
and moral and physical well-being of people within the Town of Greece
and visitors thereto. Some businesses operating in the Town of Greece
under the guise of providing accupressure, operating a spa which provides
massages, providing relaxation techniques, body rubs, or providing
other body-to-body contact, without proper licensing or licensed personnel,
are using such guises to circumvent state and local laws. Such business
operations result in untrained, unlicensed and unqualified personnel
providing services which risk harm to the health, safety, welfare,
and moral and physical well-being of people within the Town of Greece
and visitors thereto. Accordingly, this chapter is enacted to enhance
the health, safety, welfare, and the moral and physical well-being
of people within the Town of Greece and visitors thereto.
As used in this chapter, the following terms
shall have the meanings indicated:
CODE ENFORCEMENT PERSONNEL
The Building Inspector, Fire Marshal and all certified Code Enforcement Officials as appointed pursuant to Chapter
114 of the Code of the Town of Greece.
MASSAGE ESTABLISHMENT
Any place of business where a massage, massage therapy, body
rubs, sports rubs, hot oil body rubs or similar services are administered.
MASSAGE or MASSAGE THERAPY
Any method of treating the superficial parts of the human
body for medical, hygienic, exercise or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
hands or any instrument or by the application of air, liquid or vapor
baths of any kind whatsoever.
TOWN
The Town of Greece, New York.
A massage or massage therapy may be administered,
and a massage establishment may be operated, in the Town of Greece
under any one or more of the following conditions:
A. Such massage or massage therapy is administered by
any person who is authorized to practice medicine, nursing, osteopathy,
physiotherapy, chiropractic, or podiatry in accordance with the provisions
of Title 8 of the Education Law of the State of New York.
B. Such massage or massage therapy consists of a massage
which is customarily given in barber shops by a licensed barber pursuant
to Article 28 of the General Business Law of the State of New York.
C. Such massage or massage therapy consists of a massage
which is customarily given in a beauty parlor by a nail specialist,
natural hair stylist, aesthetician, or cosmetologist licensed pursuant
to Article 27 of the General Business Law of the State of New York.
D. Such massage or massage therapy is given, performed
or administered by any person:
(1) Employed in a medical institution licensed or chartered by the State of New York, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy by Subsection
A of this section; or
(2) Enrolled in a program of a school or institute of massage therapy registered by the New York State Department of Education, or enrolled in a program which satisfies the requirements of Article 155 of the Education Law of the State of New York, provided that such person is under the on-site supervision of a person licensed to practice massage therapy pursuant to Article 155 of the Education Law of the State of New York or authorized to practice massage therapy by Subsection
A of this section; or
(3) Duly licensed pursuant to § 7804 of Article
155 of the Education Law of the State of New York.
E. Such massage is administered by a person employed by, and at the direction of, a hospital, hospice, health-related facility, nursing home, skilled nursing facility, comfort care home, or minor home heath care facility as defined by Chapter
211 of the Code of the Town of Greece.