[HISTORY: Adopted by the Town Board of the Town of Glenville 10-19-1976
by L.L. No. 5-1976 (Ch. 27 of the 1966 Code). Amendments
noted where applicable.]
A.
EMPLOYEE
MASSAGE
MASSEUR
PATRON
PRACTICE AS A MASSEUR OR MASSEUSE
RECOGNIZED SCHOOL
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 or learning.
B.
Use of title "masseur" or "masseuse" or the term "massage."
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 Town Clerk on a form to be furnished by the Town Clerk. 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 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 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 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 is 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 Town Clerk 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 Town Clerk on a form to be furnished by the Town Clerk. 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 Town Clerk 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 Town Clerk shall conduct an investigation into the
applicant's moral character and personal and criminal history. The Town Clerk
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 Health Department officials 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 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
Town Clerk shall first sign his approval of the application.
The Town Clerk 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, honored with payment upon presentation.
C.
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation or 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 Town Clerk 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 Town Clerk, upon such revocation
or suspension, shall state his reasons in writing, specifying the particular
grounds for such revocation or suspension.
Every person who operates 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 Town Clerk 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 Code Enforcer 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, sanitariums 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 or to persons holding valid licenses issued
under the provisions of Article 155 of the Education Law.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction, be fined not more than $250 or 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.
