[HISTORY: Adopted by the Town Board of the
Town of Greece 4-21-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
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:
The Code Enforcement Officer appointed pursuant to Chapter 114 of the Code of the Town of Greece.
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.
Any place of business where a massage, massage therapy, body
rubs, sports rubs, hot oil body rubs or similar services are administered.
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.
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.
A.
A building owner, establishment operator, establishment
owner, tenant, lessee, or other person or entity having a possessory
interest in a place of business or any portion therein is presumed
to have operated, permitted or allowed the operation of a massage
establishment when any person gives, administers or performs a massage
or massage therapy to another person in or on the place of business
or any portion therein.
B.
When a person gives, administers or performs a massage
or massage therapy to another person in or on the place of business
or any portion therein, wherein the massage is administered, the building
owner, establishment operator, establishment owner, tenant, lessee,
or other person or entity having a possessory interest in the place
of business or any portion therein is presumed to have permitted or
allowed the administration of a massage in or on the place of business
or any portion therein.
C.
A person who gives, administers or performs a massage or massage therapy, in or on a place of business or any portion therein, who does not display, or produce when requested by a police officer, peace officer, Code Enforcement Officer, code enforcement personnel, customer, client, or any other authorized Town official, a valid license, or other official document as required by Article 155 of the Education Law of the State of New York or § 136-5 of this chapter, is presumed to be engaging in prohibited activities as defined in § 136-4 of this chapter.
A.
The Town Code Enforcement Officer may, upon evidence
of a violation or violations of this chapter:
(1)
Order the massage establishment closed until such
time as the Town Code Enforcement Officer determines that such establishment
is operating, or will be operated, in accordance with this chapter;
and/or
(2)
Suspend or revoke any previously issued certificate(s)
of occupancy or certificate(s) of compliance.
B.
Any such order of closing, suspension, or revocation issued by the Town Code Enforcement Officer pursuant to Subsection A shall be in writing on a form prescribed by the Town Code Enforcement Officer and shall state the reason for the closing, suspension or revocation, together with the date of issuance. Such order of closure, suspension, or revocation shall bear the signature of a Code Enforcement Officer or code enforcement personnel, and shall be prominently posted at the site. The posting of an order of closure, suspension or revocation shall be deemed sufficient notice to close, suspend, or revoke all rights to engage in any business activities at such establishment. Any order of closure, suspension or revocation issued pursuant to Subsection A shall be stayed until the expiration of 15 days after such order is posted. If proof of compliance with this chapter satisfactory to the Town Code Enforcement Officer is presented to said officer within said 15 days, such order of closure, suspension or revocation shall be vacated.
C.
Nothing in this section shall prevent any other enforcement
or penalty options available pursuant to this chapter or any other
chapter of the Code of the Town of Greece, or otherwise authorized
by or under state law.
A.
Any violation of this chapter or of any order, requirement,
decision or determination issued by the Code Enforcement Officer pursuant
to this chapter is hereby declared to be an offense, punishable by
a fine not exceeding $350 for each day it is found to exist or by
imprisonment for a period not to exceed six months, or both, upon
conviction for a first offense; upon conviction for a second offense,
both of which offenses were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700 for each
day it is found to exist or by imprisonment for a period not to exceed
six months, or both; and upon conviction for a third or subsequent
offense, all of which offenses were committed within a period of five
years, punishable by a fine not less than $700 nor more than $1,000
for each day it is found to exist or by imprisonment for a period
not to exceed six months, or both. However, for purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter or of any order, requirement, decision or determination
issued by the Code Enforcement Officer pursuant to this chapter shall
be deemed misdemeanors, and for such purpose only all provision of
law relating to misdemeanors shall apply to such violation. Each week’s
continued violation shall constitute a separate additional violation.
B.
The Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction any violation of this
chapter, notwithstanding that this chapter may provide a penalty or
other punishment for such violation.
C.
In case any building or structure is used in violation
of this chapter, the proper local authorities of the Town, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises.
