[HISTORY: Adopted by the Council of the City
of Schenectady 9-2-1975 as L.L.
No. 6-1975. Amendments noted where applicable.]
As used in this chapter, the following words
and phrases shall have the following meanings, unless a different
meaning is plainly required by the context:
Any person licensed to practice massage in accordance with
the provisions of Article 155 of the Education Law.
The application of 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 establishment or business, by whatever name called, where
massages are administered. This definition shall not be construed
to include a hospital, nursing home or medical clinic; or the office
of a duly licensed physician, surgeon, physical therapist, chiropractor
or osteopath; or to barbershops or beauty salons in which massages
are administered to the scalp, the face, the neck or the shoulders;
or to a school or institute of massage registered by the Department
of Education or its substantial equivalent in both subject matter
and extent of training as provided by § 7804 of the Education
Law.
It shall be unlawful for any person to practice
massage at a massage parlor who is not a licensed masseur or licensed
masseuse. This provision shall not be applicable to a person who practices
medicine, nursing, osteopathy, physiotherapy, chiropractic or podiatry
in accordance with the provisions of Title VIII of the Education Law;
nor to any other person licensed by the state to practice a profession
which may include massage; nor to a person who practices massage in
a medical institution licensed or chartered by the State of New York
or in a program of a school or institute of massage registered by
the Department of Education or its substantial equivalent in both
subject matter and extent of training as provided by § 7804
of the Education Law.
A.Â
Any person who shall violate the provisions of § 177-2 of this chapter, upon conviction thereof, shall be guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment of not more than one year, or both.
B.Â
Notwithstanding any remedy sought or prosecution based on Subsection A above, the Corporation Counsel shall proceed against the owner and/or tenant of an establishment operating in violation of § 177-2 pursuant to the authority of § 715 of the Real Property Actions and Proceedings Law and similar statutes.
