The purpose of this chapter is to protect and preserve the public health, safety and welfare by establishing license, application, and renewal procedures and adopting standards and regulations, applicable to the practice of massage considered within this chapter and in accordance with State Education Law § 7800 et seq.
[HISTORY: Adopted by the Council of the City of New Rochelle 6-17-2025 by L.L. No. 3-2025. Amendments noted where applicable.]
As used in this Chapter, the following definitions shall apply:
Massage given to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool or office seat, wheelchair or other mobility device, or other chair-like device.
Any establishment, other than a massage parlor, having a fixed place of business where massages are administered for pay only by duly licensed massage therapists. Where massage is given in premises devoted to other uses, including but not limited to barber shops, beauty salons, health clubs and fitness centers, "massage establishment" shall refer to that part of the premises used to give massage.
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the body, flesh or musculature with the hands or with the aid of any mechanical electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, ice, hot and cold packs, or other similar preparations, for therapeutic, rehabilitative, relaxation or other purposes.
Any establishment or business, by whatever name called, where massages are administered by one or more unlicensed massage practitioners who are required to be licensed to perform such massages. Massage parlors are prohibited in every zoning district in the City of New Rochelle.
Any individual who for compensation, hire or reward engages in the practice of massage.
The owner, proprietor, manager, or operator of a massage establishment.
Any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
Subject to the exemptions set forth in § 121-4 herein, this chapter is applicable to all massage establishments and massage parlors in the City of New Rochelle ("City"), including those now existing and those that may seek to operate in the future.
Establishments in the City engaged in the following shall be exempt from the requirements of this chapter:
A.
The practice of massage therapy by any person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry or acupuncture by the State of New York or any other state within the United States of America. This exemption shall only apply to the person who is so authorized and not one employed by, agent of, or assisting such authorized person.
B.
The practice of massage therapy by any massage therapist, masseur or masseuse, as defined in § 7802 of the New York State Education Law, employed by any person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry or acupuncture by the State of New York; said employment is not deemed operation of a massage establishment.
C.
The practice of that massage which is customarily given in barbershops or beauty parlors for the purpose of beautification by any licensed barber or beauty culturist.
D.
The practice of massage therapy 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 in conjunction with the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry.
(2)
Enrolled in a program of a recognized school or institute of massage therapy, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy in conjunction with the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry.
(3)
Employed as a trainer by a professional athletic association, club or team, or as a member of the physical education department of an accredited university, college or high school.
(4)
Employed as a trainer and/or massage therapist in an indoor membership gymnasium or personal training facility.
E.
Any licensed massage therapist working as a solo practitioner, which for purposes of this section shall mean a licensed massage therapist solely physically performing massages on the premises who is not employed by or otherwise affiliated with any massage establishment required to be licensed by this chapter.
F.
Businesses where only chair massage is performed by a licensed massage practitioner and is performed in public view.
It shall be unlawful for any person to open, conduct, maintain or operate a massage establishment unless the building, room, place or space where the same in conducted, maintained or operated is licensed in the manner prescribed in this chapter.
A.
No person shall operate a massage establishment used by patrons for hire or reward or advertise as being engaged in the business of massage in the City without receiving valid license in the manner prescribed in this chapter.
B.
A property owner or landlord shall not permit a tenant or subtenant to open or operate a massage establishment within the City unless a massage establishment license has first been obtained by the property owner, landlord, tenant or subtenant.
No person shall engage in the practice of massage at a message establishment in the City unless a license from the state to practice massage therapy as provided in New York State Education Law § 7800 et seq. has first been obtained.
A.
Any person desiring to operate a massage establishment shall procure a massage establishment license from the City Clerk after filing an application on the form provided. Such form shall contain, but need not be limited to, the following information:
(1)
Name, address, date of birth and last four digits of social security number of applicant(s), as well as proof of identification.
(a)
If the applicant is an individual, the name, address, date of birth and last four digits of social security number of the individual.
(b)
If a partnership, the names, addresses, dates of birth and last four digits of social security numbers of all persons having an ownership interest in the partnership.
(c)
If a corporation, the names, addresses and dates of birth and last four digits of social security numbers of all officers, directors and managers, and the name of each stockholder having 10% or more of the total outstanding shares of any class of stock. There shall also be given the number of shares held by these stockholders and their percentage of the total outstanding shares of stock.
(d)
If the applicant is other than an individual, partnership, or corporation, the organizational structure and the name, address, date of birth and last four digits of social security number of all principals in the organization.
(2)
Name, address, date of birth and last four digits of social security number of each and every manager of the premises.
(7)
The name of the massage establishment under which the applicant will operate and the location.
(8)
The nature of the massage services to be provided.
(9)
The maximum number of private rooms to be utilized for massages and the number of entrances and exits to the massage establishment itself.
(10)
Whether any part of the premises to be used will be used for any purpose other than for providing of massages.
(11)
The names and addresses of all persons who will be providing massage services, and provide copies of their valid licenses, permits and/or registrations required to perform such services. Should the list of persons subsequently change due to new hires or terminations of employment, within 10 days of the change the City Clerk must be notified in writing and provided an updated list.
(12)
Affix to the application two copies of a drawing showing the dimensions of all rooms to be used for massage and the locations therein of all massage tables.
B.
Said application shall be signed and sworn to, before a notary public or other officer authorized to administer an oath, by all persons coming under § 121-7A(1).
C.
If the applicant has previously had a massage establishment or similar license suspended or revoked, or if any of the persons enumerated in § 121-7A(1) or (2) were named in an application for a massage establishment license that was suspended or revoked, or a materially false statement is contained in the filed or a prior massage establishment license application, all persons described in § 121-7A(1) and (2) shall be fingerprinted as part of the application process. The application shall be deemed incomplete and be automatically denied if any of the persons enumerated in § 121-7A(1) and (2) have not submitted their fingerprints with said application. The fingerprints shall be provided in a manner prescribed by the City's Police Commissioner or his/her designee.
D.
Said application shall be referred to the Police Commissioner, Fire Commissioner and Building Code Enforcement Officer for proper investigation of the applicant and the premises, and a determination of whether such applicant and premises conform to the requirements of this chapter and all laws and regulations of the State of New York and the City. At the conclusion of such investigation, each of these said official shall render a recommendation as to whether or not such application should be granted.
E.
Within 30 days after the receipt of the recommendations of the Police Commissioner, Fire Commissioner and Buildings Code Enforcement Officer, the City Clerk will grant or deny such license. The City Clerk shall grant such massage establishment license if, and only if, said officials each recommend that such license be issued.
F.
If a license is denied by the City Clerk:
(1)
Notice shall be given to the applicant within 10 days after the City Clerk's receipt of the recommendations stated in subsection E above, whereupon the applicant may appeal such denial within 30 days of the notice date. If the applicant timely appeals such a denial in accordance with this subsection, the applicant must be prepared to go to a hearing on the appeal within 30 days of the City's Clerk's receipt of the notice of appeal.
(2)
The Commissioner of Buildings shall be required to complete a hearing upon every appeal from the denial of a massage establishment license within 30 days of its commencement or within a mutually agreed-upon time thereafter, not to exceed an additional 30 days. The applicant shall be given at least 10 days' notice of such hearing, which notice shall include a statement of the time, place and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and rules involved, where possible; and a short and plain statement of matters asserted. Upon application of the applicant, a more definite and detailed statement may be furnished if the Commissioner of Buildings finds that the statement initially provided was not sufficiently definite or sufficiently detailed. Any statement furnished shall be deemed, in all respects, to be a part of the notice of hearing.
(3)
At such hearing, the applicant shall be given an opportunity to present oral and/or written argument on issues of law and an opportunity to present evidence and such argument on issues of fact.
(4)
Unless precluded by statute, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default or other informal method.
(5)
After the conclusion of said hearing and within a period of 30 days after the record is closed, the Commissioner of Buildings shall be required to find, in writing, whether the application is incomplete, the denial should be upheld, or, in the exercise of his/her discretion, the massage establishment license must be issued by the City Clerk. A finding that false information was provided on the application filed may be used as a basis for denial. In any case, written findings shall be provided to the application to support the action taken.
(6)
In no event shall massages be permitted pending the appeal or determination of a finding pursuant to § 121-71.
G.
All massage establishment licenses expire one year after the anniversary of the date of prior issuance. A complete application for renewal must be received by the City Clerk on or before the anniversary date for the provisions of Subsection H below to apply. If required pursuant to § 121-7C, fingerprints shall be provided with the initial application and every two years thereafter with the annual renewal application.
H.
When an applicant has made a timely and complete application to renew a previously issued massage establishment license, the prior year's license shall not expire until a determination on the renewal application has been made by the City Clerk; or, if the application is denied and timely appealed, until a decision on the denial has been rendered by the Commissioner of Buildings after the hearing thereon.
A.
A license may be suspended or revoked by the City Clerk upon written recommendation from the Police Commissioner, Fire Commissioner, or Buildings Code Enforcement Officer, citing a violation of this Chapter, applicable state or local laws, or the allowance of disorderly, obscene, or immoral conduct on or near the licensed premises. The City Clerk shall notify the applicant within 10 days of such action. The applicant may appeal within 30 days, following the procedures set forth in § 121 7F. Reopening procedures shall follow § 121-14.
B.
Whenever a massage establishment license is suspended or revoked, no refund of any unearned portion of the fee shall be made, and at least six months from the time of such suspension or revocation shall elapse before another license shall be issued to the applicant or any of the persons enumerated in § 121-7A(1) and (2) on the application. If the license of any massage establishment is twice suspended or revoked within a period of one year, a new license shall not be issued to such applicant or any person enumerated in § 121-7A(1) and (2) for a period of at least one year from the date of the second suspension or revocation.
A.
Where there is any change regarding any person enumerated in § 121-7A(1) or (2), or where there is a change in the nature of the activities to be conducted in such massage establishment, the applicant shall cause to be filed with the City Clerk, within 10 days thereof, a supplemental application setting forth the name or names of all persons so affected, along with all other information required to be furnished by such person under § 121-7A(1) and (2). A supplemental filing fee set forth in Chapter 33, Fees, shall be paid at the time of application. Supplement applications shall be subject to the procedures and provisions set forth in § 121-7 hereof.
B.
Whenever a new massage establishment license is required because of a change in the name of a currently licensed massage establishment or whenever a license is lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license, in lieu thereof, may be issued upon notarized written request and the payment of a fee established in Chapter 33, Fees.
Every person who obtains a massage establishment license in accordance with this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place stated in the application for such license. In addition, a copy of the current New York State license/permit, registration and a photo ID of each person performing massages on the premises shall be posted in that location to establish that all persons providing massage services on the premises are properly licensed and registered. Home addresses may be redacted before posting the documents. Upon request by a customer, the Building Department or the Police Department, the originals of such documents shall be produced for inspection. This requirement shall not apply to a person exempt by state law from having to be licensed and/or registered.
The tenant, subtenant, and owner/landlord of a building and the permittee shall be required to comply with the regulations set forth in this chapter. The owner of the building and the permittee shall prohibit any tenant, subtenant, or other person from operating in violation of this chapter and shall be subject to the penalties for noncompliance set forth in § 121-15 hereof.
The following regulations shall be applicable to all massage establishments and massage activities:
A.
It shall be unlawful to operate a massage parlor at any time in any location in the City.
B.
Price rates for all services shall be prominently posted or provided in brochures in the reception area in a location available to all prospective customers.
C.
Business owners and managers shall ensure that the sexual or genital areas of patrons are always covered by sheets, cloths or undergarments when in the presence of an employee of the massage establishment.
D.
Business owners and managers shall ensure that no person in the massage establishment shall place her or his hand upon, or touch with any part of her or his body, or fondle in any manner, or massage, a sexual or genital area of any other person.
E.
All massages offered in the massage establishment shall be therapeutic and health related. No massages shall be offered or provided, including by means of print or internet advertisement, which are unlawful, illicit, or involve sexual acts or relations or are sexually oriented.
F.
All refuse, garbage and waste, solid or otherwise, shall be properly disposed of; laundry shall be changed after each massage/client; laundry shall be cleaned on a daily basis during the days the establishment is in operation; all rooms, tables, etc., shall be sanitized daily; and all persons in the massage establishment shall comply with any and all applicable public health rules and regulations, and such rules and regulations shall be posted in the establishment.
G.
No massage establishment shall have an entrance or exitway providing a direct passageway to any other type of business, residence or living quarters.
H.
There shall be no obstruction of the passage of light through any windows of the massage establishment premises by means including, but not limited to, affixing plywood, paper, or taping other opaque materials over the windows. This restriction does not apply to the standard use of curtains or blinds.
I.
No massage services shall be provided to persons under the age of 18 unless the parent or guardian of said minor is physically present when such services are provided or such parent or guardian has provided written authorization, properly notarized, for such services.
J.
Any massage practitioner working in the massage establishment providing massage services or any employee occupying the establishment shall obtain, and maintain in effect, all applicable licenses, permits and registrations required by all state and local governmental authorities for the provision of massage services, including those required pursuant to New York State Education Law § 7800 et seq. and this chapter. Anyone providing on the premises massage services that require a license from the State of New York shall possess that license in full force and effect.
K.
All persons providing massage services shall obtain and keep current a United States or New York State government-issued photo ID as well as licenses, permits and registrations from the New York State Department of Education, the New York State Department of State or other appropriate New York licensing department establishing that said person is licensed to provide massage services, and such persons are to post same pursuant to § 121-10.
L.
The names and addresses of all persons who are providing massage services, along with copies of their licenses, permits and registrations, shall be provided to the City Clerk before any such person may be permitted to provide massage services. The City Clerk must be notified in writing within 10 days of the name of any person who performed massages who is no longer employed at the massage establishment and any person who is newly hired to perform massages.
M.
The property owner, landlord, permittee and massage establishment license holder shall provide the Building Department, Police Department and Fire Department access to the premises during business hours to allow them to ensure compliance with the provisions of this chapter.
N.
Within five days after receipt of same, the operator of a massage establishment shall provide the City Clerk with copies of any summonses or violations issued with respect to the operation of the massage establishment.
O.
The massage establishment shall not be conducted in a disorderly manner or in a manner which constitutes a public nuisance.
P.
The massage establishment license issued pursuant to this chapter shall be immediately revoked if, subsequent to the issuance of the license, any person providing massage services on the premises is found to have been criminally convicted of a charge involving prostitution ordrug use or the unauthorized or unlicensed provision of massage services. Under such circumstances, no massage activities will be permitted prior to application for and issuance of a new massage establishment license.
Q.
There shall be no outdoor activity associated with the massage establishment.
R.
Massage establishment licenses are not transferable.
A.
In order to ensure compliance with the provisions of this chapter and other applicable laws and regulations, any massage establishment licensed under this chapter shall permit duly authorized representatives of the City, including but not limited to personnel from the Police Department, Fire Department, Building Department, or City Clerk's Office, to enter and inspect the licensed premises during the establishment's regular business hours.
B.
Such inspections shall be for the limited purpose of verifying compliance with licensing conditions, safety standards, and applicable legal requirements, and shall be conducted in a reasonable manner and at reasonable times. Inspections shall not be unreasonably disruptive of the business operations.
C.
Entry pursuant to this section shall be with the consent of the licensee or a person in apparent control of the premises. If consent is refused, the City may seek a warrant or other legal process, as appropriate under law.
D.
A licensee's refusal to permit a lawful inspection as required by this section shall constitute a violation of this chapter. Upon written notification of such refusal by the appropriate City official to the City Clerk, the license may be suspended or revoked in accordance with the procedures set forth in § 121-8 of this chapter.
A.
Registration. All massage establishments in existence at the time this chapter becomes effective shall, within four months thereof, obtain the required massage establishment license from the City Clerk pursuant to the application procedure in this chapter.
B.
Compliance. Four months after the effective date of this chapter, any massage establishment in existence when this chapter became effective that is determined not to be in compliance therewith shall be ordered closed and shall be made to obtain a massage establishment license and to comply with all of the requirements of this chapter before reopening.
A.
The Police Department and Buildings Department shall be charged with the enforcement of this Chapter. Any person violating this chapter shall, upon conviction, be guilty of a misdemeanor and subject to a fine of up to $2,500 or 15 days' imprisonment, or both. Each day that a violation continues shall be deemed a separate offense. Any person convicted of a second violation of this chapter within three years of a prior conviction under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of twice that imposed for the first offense, up to $5,000, and/or imprisonment for a period not to exceed 15 days.
B.
Nothing herein shall be deemed to preclude the Office of the Corporation Counsel from seeking the revocation, for good cause shown, of any license or permit that may be issued hereunder and to obtain an order requiring the immediate closure of a massage parlor or premises found not to have the required license and/or permit.
A.
When, in the opinion of the Fire Commissioner, Buildings Code Enforcement Officer or any City police officer, there exists a violation of this chapter or any law or regulation of the State of New York or the City which creates imminent danger to public health, safety or welfare, any one of these officials described may order the owner to cease or abate said violation if by its nature the violation can be corrected immediately, or to evacuate all persons from the premises if by its nature the violation requires a period of time to correct.
B.
Upon failing to comply with such an order, the person(s) so ordered shall be guilty of a misdemeanor and subject to immediate arrest for violation of this chapter and any applicable provisions of the Penal Law of the State of New York. In order to protect the public health, safety and welfare, the Fire Commissioner, Buildings Code Enforcement Officer or any police officer of the City may order such massage establishment evacuated, and the massage establishment license of such establishment shall be immediately suspended; provided, however, that within 24 hours or the next business day following such evacuation, whichever is later, there shall be a finding by such official that emergency conditions exist that require the continuation of the suspension until a hearing is provided or other action taken as provided for under this chapter. In the event that there is not such a finding, the massage establishment shall be permitted to operate pending a hearing or other action taken as provided for under this chapter.
Whenever the requirements of this chapter conflict with other articles, sections or chapters of the City Code, or any other lawfully adopted rule, regulation, local law or other enactment, the most restrictive or that imposing the highest standards shall govern unless a contrary intent is expressly stated.
This chapter shall take effect as provided by law upon filing with the Secretary of the State of New York.