[HISTORY: Adopted by the Town Board of the Town of Babylon 10-6-2009 by L.L. No.
19-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 213.
The Town Board finds it necessary to protect the public from
establishments which are unlicensed, from performing massages on unsuspecting
persons and from establishments operating under the guise of being
a massage establishment, when actually engaging in illegal behavior
and subjecting the public to exposure of unclean, unhealthy and possibly
contaminated conditions.
As used in this chapter, the following terms shall have the
meanings indicated:
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external soft pads of the body with the hands or with the aid
of any mechanical electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, lotions, ointments, or other similar preparations.
A fixed place of business where more than one person engages
in or carries on, or permits to be engaged in or carried on, the practice
of massage.
Any individual who, for any monetary consideration whatsoever,
engages in the practice of massage. "Massage practitioner" shall include
all massage practitioners.
The owner, proprietor, manager, or operator of a massage
establishment, outcall massage service, or solo practitioner massage
establishment.
Any individual, partnership, firm, association, company,
corporation, or combination of individuals of whatever form or character.
Requires graduation from a school or institute of massage
therapy with a program registered by the Department of Education of
the State of New York, or its substantial equivalent in both subject
matter and extent of training, provided that the program in such school
or institute shall consist of classroom instruction of a total of
not less than 500 hours in subjects satisfactory to the Department
and upon completion must: pass an examination satisfactory to the
State Board for Massage Therapy and in accordance with the Commissioner's
regulations.
A fixed place of business where a person holding an advanced
massage practitioner permit engages in or carries on, or permits to
be engaged in or carried on, the practice of massage. Said fixed place
of business may be shared by two to four advanced massage practitioners,
or two to four advanced massage practitioners and one or more health
or healing arts practitioners, except as otherwise provided by law.
The Town of Babylon.
[Amended 3-1-2011 by L.L. No. 6-2011]
A.
The fee for a license hereunder or for a renewal thereof shall be
$2,000. The fee shall be payable to the Town Clerk.
[Amended 3-9-2016 by L.L.
No. 4-2016]
B.
No massage establishments may be open, operate, exist or be occupied
within the Town of Babylon, unless a license shall first have been
obtained for such establishment from the Town Clerk's office, except
as provided herein:
(1)
The massage establishment and any massage practitioner working or
practicing or occupying the establishment has first obtained a license
pursuant to New York State Education Law Article 155, after graduation
from a recognized school for massage; and further provided that
(2)
The use is so located that the premises upon which it is conducted
are not less than 1,000 feet from the premises of any other massage
establishment; and further provided that
(3)
The following standards and conditions are met:
(a)
The hours of operation of the massage activity shall be limited
to from 8:00 a.m. to 9:00 p.m.;
(b)
There shall be no outdoor activity associated with the massage
activity or establishment;
(c)
All refuse, garbage, 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 massage practitioners shall sanitize their hands prior to
performing a massage; and
(d)
There shall be no alcoholic beverages served on the premises;
(e)
Change in ownership or change in operation of the massage establishment
requires a new permit and shall be required to meet these standards
and conditions.
(4)
The following are operating requirements:
[Added 9-28-2016 by L.L.
No. 16-2016]
(a)
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
(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)
All employees, including licensed massage therapists, shall
be clean and fully covered in clean clothing, excluding the arms and
hands.
(d)
All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity and shall be laundered after
each use thereof and stored in a sanitary manner.
(e)
The sexual or genital area of patrons must be covered by sheets,
cloths or undergarments when in the presence of an employee or certified
massage therapist.
(f)
It shall be unlawful for any person, knowingly, in a massage
establishment, to place his hand upon, or to touch with any part of
his body, to fondle in any manner, or to massage, a sexual or genital
area of any other person.
(g)
No licensed massage therapist, employee or operator shall perform,
offer, or agree to perform any act which would require the touching
of a patron's genital area.
(h)
All massage therapists licensed pursuant to this chapter shall
display at all times while within the massage establishment Town-issued
identification displaying that the massage therapist has been licensed
under this chapter.
(i)
Oils, creams, lotions or other preparations used in administering
massages shall be kept in clean, closed containers or cabinets and
shall be dispensed in unit doses so that said bulk containers are
not contaminated between clients.
(j)
Massage may be practiced only for the purposes of physical fitness,
relaxation, or medical therapy. The practice of massage for any other
purpose is prohibited.
Nothing contained in this chapter shall be construed to prohibit:
B.
The practice of that massage which is customarily given in barber
shops or beauty parlors for the purpose of beautification by any licensed
barber or beauty culturist.
C.
The practice of massage therapy by any person 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 by any person enrolled in a program of a school or institute of massage therapy registered by the Department, or enrolled in a program which satisfies the requirements of § 7804 of this article,[2] 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.
[2]
Editor's Note: See Education Law § 7804.
D.
The practice of massage therapy by any person duly 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.
E.
The practice of massage therapy by any person employed by a corporation
or association organized exclusively for the moral or mental improvement
of men, women or children.
F.
Where the only massage service provided is a chair massage, such
service is visible to the public, and customers are fully-clothed
at all times, said premises shall not be considered a massage establishment.
[Added 9-28-2016 by L.L.
No. 16-2016]
A.
The Town Clerk may revoke a license or approval issued under the
provisions of this chapter in the following instances:
(1)
Where he or she finds that there has been any false statement or
misrepresentation as to a material fact in the application, plans
or specifications on which the massage establishment license was based;
or
(2)
Where he or she finds that the massage establishment license was
issued in error and should not have been issued in accordance with
the applicable law; or
(3)
Where he or she finds that the work performed under the massage establishment
license is not being performed in accordance with the provisions of
the application, plans or specifications; or
(4)
Where he or she finds that the licensee/permittee fails or refuses
to comply with a stop-work order issued by the Zoning Inspector and/or
Building Inspector; or
(5)
Where he or she finds that the licensee/permittee's New York
State professional license has been revoked, annulled, or suspended
by the Board of Regents; or
(6)
Where he or she finds that the licensee/permittee has violated any
of the provisions of this Chapter; or
(7)
Where he or she finds that the licensee/permittee has been issued
and/or any other person who is directly or indirectly engaged in the
management and operation of the massage establishment has been convicted
of:
B.
Such revocation shall take place after notice to the applicant and
an opportunity for the applicant to be heard by the Town Clerk or
his/her designee.
