[HISTORY: Adopted by the Town Board of the
Town of Colonie 7-8-1976 by L.L. No. 2-1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning and land use — See Ch. 190.
Unless the particular provision or the context
otherwise requires, the definitions and provisions contained in this
section shall govern the construction, meaning and application of
words and phrases used in this chapter:
Any person over 18 years of age, other than a masseur, who
renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
Any method of treating the superficial parts of a patron
for medical, hygienic, exercise or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands or any instrument or by the application of air, liquid or
vapor baths of any kind whatever.
Any person who engages in the practice of massage as herein
defined. The use of the masculine gender shall include in all cases
the feminine gender as well.
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
The engaging, under such title, in applying a scientific
system of activity to the muscular structure of the human body by
means of stroking, kneading, tapping and vibrating with the hands
or vibrators for the purpose of improving muscle tone and circulation.
Any school or institution of learning which has for its purposes
the teaching of the theory, method, profession or work of massage,
which school requires a resident course of study of not less than
70 hours before the student shall be furnished with a diploma or certificate
of graduation from such school following the successful completion
of such course of study of learning.
Only a person licensed under Article 155 of the Education
Law shall be authorized to use the title "masseur" or "masseuse."
No person, firm, partnership or corporation shall describe its services
in any manner under the title "massage" unless such services as defined
in § 7800 of the Education Law are performed by or under
the direct supervision of a person licensed under Article 155 of the
Education Law.
A.
Business permit required. No person shall engage in
or carry on the business of massage unless he has a valid massage
business permit issued by the Town pursuant to the provisions of this
chapter for each and every separate office or place of business conducted
by such person.
B.
Masseur's permit required. No person shall practice
massage as a masseur, employee or otherwise, unless he has a valid
and sustaining masseur's permit issued to him by the Town pursuant
to the provisions of this chapter.
Any person desiring a massage business permit
shall file a written application with the Police Chief on a form to
be furnished by the Police Chief. The applicant shall accompany the
application with a tender of the correct permit fee as hereinafter
provided and shall, in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B.
The name, style and designation under which the business
or practice is to be conducted.
C.
The business address and all telephone numbers where
the business is to be conducted.
D.
A complete list of the names and residence addresses
of all masseurs and employees in the business and the name and residence
addresses of the manager or other person principally in charge of
the operation of the business.
E.
The following personal information concerning the
applicant, if an individual; and concerning each stockholder holding
more than 10% of the stock of the corporation, each officer and each
director, if the applicant is a corporation; and concerning the partners,
including limited partners, if the applicant is a partnership; and
concerning the manager or other person principally in charge of the
operation of the business:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the
present address to the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs taken within 30
days of the date of the application and at least two inches by two
inches in size.
(6)
The massage or similar business history and experience,
including but not limited to whether or not such person in previously
operating in this or another city or state under license or permit
has had such license or permit denied, revoked or suspended and the
reason therefor, and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and
the offense for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained
on file by the Police Chief or his authorized representatives.
(9)
Diploma, certificate or other written proof of graduation
from a recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
F.
Such other information, identification and physical
examination of the person as shall be deemed necessary by the Police
Chief to discover the truth of the matters hereinbefore required to
be set forth in the application.
G.
Authorization for the Town, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
H.
The names and addresses of three adult residents of
the county who will serve as character references. These references
must be persons other than relatives and business associates.
I.
Written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and so correct, said declaration being duly dated and signed
in the Town.
Any person desiring a masseur's permit shall
file a written application with the Police Chief, on a form to be
furnished by the Police Chief. The applicant shall tender with the
application the correct permit fee as hereinafter provided and shall,
in addition, furnish the following:
A.
The business address and all telephone numbers where
the massage is to be practiced.
B.
The following personal information concerning the
applicant:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the
present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs taken within 30
days of the date of application and at least two inches by two inches
in size.
(6)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted,
and the offense for which convicted and the circumstances thereof.
(7)
A complete set of fingerprints taken and to be retained
on file by the Police Chief or his authorized representatives.
(8)
Diploma, certificate or other written proof of graduation
from a recognized school where the theory, method, profession or work
of massage is taught.
(9)
A statement, in writing, from a licensed physician
in the state that he has examined the applicant and believes the applicant
to be free of all communicable diseases.
C.
Such other information, identification and physical
examination of the person deemed necessary by the Police Chief in
order to discover the truth of the matters hereinbefore required to
be set forth in the application.
D.
Authorization for the Town, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
E.
Written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly dated and signed
in the Town.
A.
Upon receiving the application for a massage business
or masseur's permit, the Police Chief shall conduct an investigation
into the applicant's moral character and personal and criminal history.
The Police Chief may, in his discretion, require a personal interview
of the applicant and such further information, identification and
physical examination of the person as shall bear on the investigation.
B.
In the case of the applications for massage business
permits, the Police Chief shall cause to be conducted an investigation
of the premises where the massage business is to be carried on, for
the purposes of assuring that such premises comply with all the sanitation
requirements as set forth in this chapter and with the regulations
of public health, safety and welfare.
C.
Before any permit shall issue under this chapter,
the Police Chief shall first sign his approval of the application.
The Police Chief shall issue a massage business
permit within 45 days of receipt of the application unless he finds
that:
A.
The correct permit fee has not been tendered to the
Town and, in the case of a check or bank draft, not honored with payment
upon presentation.
B.
The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited
to the Town's building, zoning and health regulations.
C.
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation, any of the
officers and directors, if the application is a corporation; or any
of the partners, including limited partners, if the applicant is a
partnership; and the manager or other person principally in charge
of the operation of the business have been convicted of any crime
involving dishonesty, fraud or deceit, unless such conviction occurred
at least five years prior to the date of the application.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any
document required by the Town in conjunction therewith.
E.
The applicant has had a massage business, masseur
or other similar permit or license denied, revoked or suspended for
any of the above causes by the Town or any other state or local agency
within five years prior to the date of the application.
F.
The applicant, if an individual; or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business is not over the age of 18 years.
G.
The manager or other person principally in charge
of the operation of the business has not successfully completed a
resident course of study or learning of not less than 70 hours from
a recognized school where the theory, method, profession or work of
massage is taught.
The massage business permittee shall display
his permit and that of each and every masseur employed in the establishment
in an open and conspicuous place on the premises of the massage business.
Any massage business or masseur's permit issued
under this chapter shall be subject to suspension or revocation by
the Police Chief for violation of any provision of this chapter or
for any grounds that would warrant the denial of issuance of such
permit in the first place. The Chief, upon such revocation or suspension,
shall state his reasons, in writing, specifying the particular grounds
for such revocation or suspension.
Every person who operated a massage business
or practices or provides a massage shall at all times keep an appointment
book in which the name of each and every patron shall be entered,
together with the time, date and place of service and the service
provided. Such appointment book shall be available at all times for
inspection by the Police Chief or his authorized representative.
No massage business and masseur permits are
transferable, separate or divisible, and such authority as a permit
confers shall be conferred only on the permittee named therein.
All premises used by permittees hereunder shall
be periodically inspected by the Police Chief or his authorized representatives
for safety of the structure and adequacy of plumbing, ventilation,
heating and illumination. The walls shall be clean and painted with
washable, mold-resistant paint in all rooms where water or steam baths
are given. Floors shall be free from any accumulation of dust, dirt
or refuse. All equipment used in the massage operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of operators and patients shall be clean and freshly laundered.
Towels, cloths and sheets shall not be used for more than one patron.
Heavy, white paper may be substituted for sheets, provided that such
paper is changed for every patron. No massage service or practice
shall be carried on within any cubicle, room, booth or any area within
a massage establishment which is fitted with a door capable of being
locked. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of
premises nor to preclude authorized inspection thereof.
A permittee shall have the premises supervised
at all times when open for business. Any business rendering massage
services shall have one person who qualifies as a masseur on the premises
at all times while the establishment is open. The permittee shall
personally supervise the business and shall not violate or permit
others to violate any applicable provision of this chapter. The violation
of any such provision by any agent or employee of the permittee shall
constitute a violation by the permittee.
No person shall permit any person under the
age of 18 years to come or remain on the premises of any massage business
establishment as masseur, employee or patron, unless such person is
on the premises on lawful business.
No person shall sell, give, dispense, provide
or keep, or cause to be sold, given, dispensed, provided or kept,
any alcoholic beverage on the premises of any massage business.
The provisions of this chapter shall not apply
to hospitals, nursing homes, sanatoriums or persons holding an unrevoked
certificate to practice the healing arts under the laws of the state
or persons working under the direction of any such persons or in any
such establishment, nor shall this chapter apply to barbers or cosmetologists
lawfully carrying out their particular profession or business and
holding a valid, unrevoked license or certificate of registration
issued by the state nor to persons holding valid licenses issued under
the provisions of Article 155 of the Education Law.
[Amended 9-15-1983 by L.L. No. 16-1983]
Any person, firm or corporation violating any
of the provisions of this chapter shall be fined not more than $250
or be imprisoned for not more than 15 days, or both, for each offense;
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
