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1. When did this ordinance take effect?

August 1, 2019. 

2. What is massage therapy?

Sec. 19-61 defines massage therapy as “a service involving the external manipulation or pressure of soft tissue for therapeutic purposes. It is the application of a system of structured touch, pressure, movement and holding of the soft tissue of the human body in which the primary intent is to relieve pain, improve circulation, relieve stress, increase relaxation and enhance or restore the health and well-being of the client. The practice of massage therapy includes complementary methods, including the external application of water, heat, cold, lubrication, salt scrubs, body wraps or other topical preparations; and electromechanical devices that mimic or enhance the actions possible by the hands.”

3. What is the fee for a massage therapist application?

Sec. 19-82(b) establishes the fee for a new massage therapist application at $75.  This fee is the same for the renewal application of a massage therapist license. 

4. What are the educational requirements for a new massage therapist license?

Sec. 19-83 requires an applicant to have at least one of four educational requirements in order to be eligible for a massage therapist license. See Sec. 19-83 for those specific requirements.

5. Are continuing education units (CEUs) required for massage therapists upon renewal of license?

Yes, Sec. 19-84 requires upon renewal of a biennial (two-year) massage therapist license, the massage therapist applicant provide proof with the renewal application that the applicant has received a minimum of twelve (12) hours (50 minutes per hour) of professional massage therapy continuing education offered through an accredited institution, massage therapist school, or nationally recognized massage therapy association. Continuing education credit will be awarded for each hour of training completed in the theory and clinical application of massage, clinical business practices, hygiene, record keeping, professional ethics, and other similar courses.

6. Are students of massage therapy required to obtain a massage therapist license?

No, Sec. 19-81 states that a massage therapist license is not required for a student enrolled in a massage therapy program at an accredited institution during the time such student is completing a clinical requirement for graduation and is practicing massage therapy while under the direct supervision of a massage therapist who holds a valid license under this article. Direct supervision requires the presence of the city-licensed massage therapist to be on the same premises as the student providing massage therapy services.

7. Are criminal background checks involved?

Yes, Sec. 19-72, requires the applicant for a massage therapist license or massage therapy establishment license be subjected to a criminal background investigation upon submitting a completed application for a new or renewed license.  It is also required in the event a massage therapy establishment licensee submits a complete application to change the location of their establishment.

8. What will prevent a person from being issued a massage therapist or establishment license?

Sec. 19-73, states the city clerk shall not issue a massage therapist or massage therapy establishment license if any of the following conditions exist: the applicant...

• Is younger than eighteen (18) years of age;
• Is a registered sex offender;
• Has, within the past five years immediately preceding the date of application, been convicted of any felony or any crime involving moral turpitude;
• Made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith; or
• Has within the past ten years immediately preceding the date of application has previously had a massage therapist license or massage therapist establishment license denied, revoked or suspended, or has voluntarily surrendered such permit or license in lieu of revocation or suspension, by the city or by any other state or local jurisdiction, within ten (10) years prior to the date of application.
• Does not meet the educational requirement set forth in Sec. 19-83.
• For a renewal application, does not meet continuing education requirements set forth in Sec. 19-84.

9. What is the fee for a massage therapy establishment license?

Sec. 19-72 establishes the fee for a new or renewal massage therapy establishment application at $200.

10. Are operators of the establishment (besides the license applicant) subject to the fee and background check?

No, Sec. 19-72 does not require operators to pay a fee or be subject to a background check.  However, operators are required to provide information and make certain statements under oath regarding any prior issues with massage therapy licensure and/or any prior criminal history. 

Sec. 19-61 defines ‘operators’ as a massage therapy establishment licensee; any person with a financial interest in the partnership, corporation, limited liability company, or other type of organization that owns or operates the massage therapy establishment license, if such person who has more than a ten percent interest in such entity; or any person whom the licensee designates on the massage therapy establishment license as a person who may be principally in charge of a massage therapy establishment at any given time, including but not limited to a manager. An operator must be on the premises and supervise the massage therapy establishment at all times during business hours.

11. Can I operate a massage therapy establishment as a home occupation within a residential building?

Yes, Sec. 19-76 establishes the requirements for establishments as home occupation.

12. Do I need to be a licensed massage therapist to apply for a massage therapy establishment license or operate a massage therapy establishment?

No, Sec. 19-72 and Sec. 19-73 do not require the applicant for a massage therapy establishment license have a massage therapist license.

13. Do I need to fill out and pay for both applications if I am a massage therapist and have a massage therapy establishment?

Yes. If a person wishes to practice massage therapy in Manhattan and has a massage therapy establishment in Manhattan (including in-home residential establishments), that person must fill out both applications and pay the required fees for both. If the applications are received within the past thirty (30) days of each other, the applicant shall only pay the cost of one criminal background investigation, if any.

14. What if the information or location related to my massage therapy establishment changes?

Sec. 19-64 requires that if the location and/or name of your massage therapy establishment changes, an application must re-submitted at least fourteen (14) days prior to the effective date of the change, including applicable fees, and the new premises will be inspected by Code Services.

If any other information provided in the original application is going to change, the licensee must provide those changes at least fourteen (14) days prior to the effective date of the change. The city clerk shall review the change in information for compliance with this article and notify the licensee whether the change is approved or denied.

15. Are there any rules when operating a massage therapy establishment?

Yes, Sec. 19-75 establishes the operational regulations for a massage therapy establishment.