Private Acts of 1978 Chapter 202

SECTION 1. As used in this act, unless the context otherwise requires:

(a) “Massage” means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, salt gloves, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics.
(b) “Massage establishment” means a business where in the practice of massage, as defined in subsection (a) is practiced.

SECTION 2. A massage establishment shall be physically located and operated inside a building with permanent walls and roof which is permanently affixed to the ground and shall be a distance of greater than one-half (½) mile from all of the following:

(a) the place of location and operation of any regulated business;
(b) the nearest boundary line of any property upon which is located any educational institution or school;
(c) any terminal of a public carrier which transports passengers;
(d) any building used as a place of worship by an organized congregation;
(e) the nearest boundary line of any property upon which is located any single or twofamily dwelling house in use as a place of residence.
(f) any property used for the production of food or raising of livestock;
(g) and any hotels, motels, inns, boarding houses or places of public lodging.

SECTION 3. For any massage establishment in existence to the passage of this act, the establishment shall have a period of six (6) months from the effective date of this act to come into compliance with the provisions of this act.

SECTION 4. This act shall have no effect unless it is approved by a two-thirds (⅔) vote of the Quarterly County Court of Sullivan County before September 1, 1978. Its approval or nonapproval shall be proclaimed by the presiding officer of the Quarterly County Court and certified by him to the Secretary of State.

SECTION 5. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 4.
Passed: March 6, 1978.