Cicero Town City Zoning Code
ARTICLE XVII
Massage Therapy Businesses
[Added 10-23-2024 by L.L. No. 12-2024]
§ 210-120 Purpose and intent.
The purpose of this article is to protect the public from unlicensed establishments that purport to perform legal massages on unsuspecting persons, from establishments operating under the guise of being a massage establishment, when actually engaging in illegal activities, and exposing the public to unclean, unhealthy, and possibly contaminated conditions, and from sex trafficking and commercial sexual exploitation. These illegal activities constitute a significant threat to public health, safety, welfare, and morale, its residents and the public at large. It is, therefore, the intent of the Town to regulate establishments that perform massages and thereby eliminate those businesses that jeopardize public health, safety, welfare, and morals.
§ 210-121 No preemption of state law.
This article is not intended to, nor shall it be construed to preempt or otherwise Conflict with New York State laws, rules, and regulations regarding licensed massage practitioners.
§ 210-122 Definitions.
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 or electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, or other similar preparations, for therapeutic, rehabilitative, relaxation, or other purposes, provided, however, that such definition shall not include the following:
A.
The practice of massage therapy by a person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry by the State of New York or any other state, provided that this exemption applies only 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 a massage therapist, masseur, or masseuse, as defined in § 7802 of the Education Law, employed by any person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry by the State of New York;
C.
The practice of face and/or scalp massage by person licensed as a barber pursuant to Article 28 of the General Business Law;
D.
The practice of light touch (low pressure) massage to superficial layers of skin to aid with the absorption of cosmetic products by a person licensed as an esthetician, cosmetologist, or nail specialist pursuant to Article 27 of the General Business Law;
E.
The practice of light touch (low pressure) massage to superficial lawyers of the skin of the hand, arm, leg, and/or foot to promote relaxation when applying cosmetic products during the course of a manicure and/or pedicure by a person licensed as a cosmetologist or nail specialist pursuant to Article 27 of the General Business Law;
F.
The practice of exfoliation of the feet during the course of a pedicure by a person licensed as a cosmetologist or nail specialist pursuant to Article 27 of the General Business Law;
G.
The practice of application of shampoo, conditioner, and/or similar products, and scalp treatments to the hair and/or scalp by a person licensed as a cosmetologist pursuant to Article 27 of the General Business Law or as a barber pursuant to Article 28 of the General Business Law; and
H.
Any other practice authorized by New York State law.
MASSAGE ESTABLISHMENT
An establishment, other than a massage parlor, having a fixed place of business where massages are administered for compensation solely by duly licensed massage therapists.
MASSAGE PARLOR
Any establishment, business, or location.
A.
Where massages are administered by one or more unlicensed massage practitioners; and/or
B.
That holds itself out to offer massage services of any kind or nature and offers or provides services of a sexual nature for compensation, regardless of whether licensed massage services are also offered therein.
MASSAGE PRACTITIONER
Any individual who engages in the practice of massage.
MASSAGE THERAPIST
A person who practices massage therapy.
MASSAGE THERAPY
The practice of massage for therapeutic purposes by a person licensed by the State of New York to do so.
§ 210-123 Applicability.
A.
Except as otherwise set forth herein, this article is applicable to all massage establishments and massage parlors in the Town of Cicero.
B.
The special use permit provisions of this article are applicable to all massage establishments in the Town of Cicero that commence operations after the effective date hereof; provided, however, that any massage establishment in operation as of the effective date of this article that changes location, changes ownership in whole or in part, or undergoes an expansion or alteration of the business premises requiring site plan approval, shall be subject to and required to comply with said provisions within 45 days of such change in location or ownership, or in the case of an expansion or alteration, prior to site plan approval if the same is required.
C.
A massage establishment that has previously been granted a special use permit pursuant to this article and which changes location, changes ownership in whole or in part, or undergoes an expansion or alteration of the business premises requiring site plan approval shall be required to make an application for a new special use permit within 45 days of such change in location or ownership, or in the case of an expansion or alteration, prior to site plan approval if the same is required.
§ 210-124 Massage parlors prohibited.
A.
It shall be unlawful to own or operate a massage parlor in the Town of Cicero.
B.
A person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of $1,000 or imprisonment for 30 days, or both.
§ 210-125 Display of license.
In all massage establishments, the license of each and every person practicing massage therapy therein shall be displayed in a conspicuous location where a member of the general public may observe and read said license.
§ 210-126 Exemptions.
A person practicing massage therapy is exempt from this article if they are:
A.
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 practice massage therapy or authorized to practice massage therapy in conjunction with the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry;
B.
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;
C.
Employed by the United States, the State of New York, or a political subdivision thereof while acting in the course of such employment;
D.
Employed as an athletic trainer by a professional or amateur athletic association, club, team, school district, or nonpublic school;
E.
Employed as an athletic trainer and/or massage therapist in an indoor membership gymnasium or personal training facility; or
F.
Otherwise listed as exempt pursuant to § 7805 of the Education Law.
§ 210-127 Special use permit required; fees.
A.
Except as otherwise set forth in this article, no person, as such term is defined in § 1-14 of the Town Code, shall open, conduct, maintain, or operate a massage establishment without first obtaining a special use permit pursuant to Article XIV of this chapter, subject to the following modifications of the application requirements set forth in § 210-97:
(1)
A site plan shall not be required unless the applicant was subject to site plan review for the proposed location of the massage establishment pursuant to Article VII of this chapter; and
(2)
The narrative set forth in § 210-97D shall not be required.
B.
In addition to any fee charged pursuant to this chapter, a fee in an amount determined by the Town Board may be charged for such special use permit application. Such fee shall not exceed the filing fee charged by the Town for a minor site plan application.
C.
Notwithstanding the foregoing, a special use permit shall not be required for a massage therapist licensed by the State of New York acting as the sole practitioner of massage therapy on a premises who is not employed by or otherwise affiliated with a massage establishment required to be licensed by this article.
D.
A special use permit for a massage establishment shall initially be valid for a period of one year. Within 30 days' prior to the permit's initial expiration date, the permittee shall submit to the Office of Planning and Zoning a statement, upon oath or affirmation, under penalty of perjury:
(1)
That no changes to the information required to be reported to the Town pursuant to this article have occurred since the permit was issued; or
(2)
That changes have occurred and have been reported, or if they have not yet been reported, a list of such changes and the reason(s) for not reporting them.
Such statement shall be considered an application for renewal of the permit and shall be referred to the Town Board for consideration after a public hearing. A renewed permit shall not expire or otherwise be subject to further renewal. There shall be no fee charged for a renewal application.
§ 210-128 Additional requirements for special use permits.
A.
In addition to the requirements for special use permits set forth in § 210-97, as modified by this article, applicants for special use permits for massage establishments shall provide the following to the Office of Planning and Zoning on a form provided for such purpose, along with government issued photo identification (a photocopy or scan of which shall be made and retained):
(1)
The name, address, telephone number, email address, and date of birth of the following natural persons:
(a)
The applicant, if an individual;
(b)
If the applicant is a partnership, all persons having an interest in the partnership;
(c)
If the applicant is a corporation or professional corporation, all officers, directors, and managers;
(d)
If the applicant is a limited-liability company or professional limited-liability company, all members; and
(e)
Each and every manager of the proposed massage establishment, if such manager is not a person specified hereinabove.
(2)
With respect to all persons specified in Subsection A(1), a statement of whether they have ever had a license or permit, issued by the United States, any state, or any political subdivision thereof, related to their ownership, operation, and/or employment at a massage establishment revoked or suspended, or had an application for such license or permit denied. If the answer to either or both is in the affirmative, a full and complete statement of facts and circumstances shall be provided.
(3)
With respect to any person practicing massage therapy at the establishment:
(a)
Their name and address; and
(b)
A copy of their license to practice.
B.
The owner, applicant, and/or manager shall have a continuing affirmative obligation to notify the Office of Planning and Zoning of all changes of employment related to persons specified in this section, and in the case of new managers or employees, to provide the same information and materials as required herein. Such notification shall be made within 14 days of such change.
C.
Information required pursuant to this section shall be provided to the Town upon oath or affirmation, under penalty of perjury.
§ 210-129 Suspension or revocation of special use permit.
A.
Notwithstanding any other provision of this chapter, a special use permit for a massage establishment shall be suspended effective immediately by the Office of Planning and Zoning upon the occurrence of the following. Such suspension shall be referred to the Town Board to conduct a public hearing on the revocation of the special use permit:
(1)
The arrest of one or more persons for a crime pursuant to Articles 130 and/or 230 of the Penal Law that occurred at the actual premises of such massage establishment; or
(2)
The practice of massage therapy by an unlicensed person at such establishment, if such person:
(a)
Has never held a valid license to practice massage therapy issued by the State of New York; or
(b)
Has held a valid license to practice massage therapy issued by the State of New York but such license has been suspended, revoked, or annulled, or has passed the date for renewal and has not been renewed, or is otherwise not valid or in effect at the time such person is practicing massage therapy at such location and the owner, operator, and/or manager of the establishment has actual or constructive knowledge of the same. For the purposes of this provision, an owner, operator, and/or manager shall be presumed to have constructive knowledge if such suspension, revocation, annulment, or other defect in licensure has been in effect for more than 60 days.
B.
The Office of Planning and Zoning or Cicero Police Department may refer a request for suspension and/or revocation of a special use permit for a massage establishment to the Town Board as a result of alleged violations of this chapter, any other relevant provision of Town Code, or any violation of any other federal, state, local, or county code, law, rule, or regulation on the premises, if such violation bears a reasonable nexus to public health and/or safety and/or the operation of such establishment.