Question on Tips - Anyone from Florida that could help me?

[ariellee.]

Hi everyone, I need some advice please.

I have been working at a spa for some months but the place suddenly closed, so at this present moment, I do not have an income.

I know a lady who offered me to come to her establishment to do free 10 minute massage demos so I could eventually get some clientele and go to their houses (they are a tanning place and they do not have a massage establishment license). She would not get any income from me or the clients that come for the demos, she is basically giving me a room to work for 5 hours a week for free ( I was in tears when she offered me her help ).

I would like to give each person that comes in a small treat like small size chocolate or sample size lavender oil along with my business card and a coupon. Since these are demos and they are free of cost...if by any chance someone wants to tip me, can I accept the tip or is it a nono because the establishment does not have a license? I want to do things right and I am just a bit overwhelmed of not having an income right now and I am doing my best not to let the stress get to me, but I certainly do not want to jeopardize her business if I do accept tips. I live in Florida, any advice is greately appreciated.

Thank you everyone.

 

[Emmyjak13]

I'm not entirely postive but I believe it doesn't matter if you charge, get tips or nothing at all. If you are performing massage, you must have an establishment license unless you fall under one of the exemptions (sporting events or other temporary set-ups for example)

Here is a direct quote from Chapter 480 regarding the definition of a massage establishment:

(7) "Establishment" means a site or premises, or portion thereof, wherein a massage therapist practices massage.

and here is a link to the Florida Laws regarding massage: http://www.doh.state.fl.us/Mqa/massage/info_packet.pdf

Perhaps someone who has had more experience than me with this type of situation will have a better answer for you.

Angie

 

[CARAMEL LOVE]

From my seated massage class, I seem to remember something about 30 days for a temp set up, but I don't remember the exact details. If I can find my manual I will look it up.

But in the meantime you could contact Raymond Blaylock, he's the state seated massage guru for the state and has been teaching since 1989. He'd be the one I would ask for advice. He's a great guy and a great teacher too! The link to his site is below.

http://www.mytouchresources.com/index.html

Good luck!

 

[dlc8675]

Thank you Moogie and Talenyn.

Based on the info you provided me with, I would state a No Tip policy. The place I would be going to is not a massage establishment and the massage services would be temporary (no more than 30 days), it is only to get me back on my feet so that I can eventually receive some income when I go to people's houses. I wonder if this falls under the below category of office of the client. I would not charge for these services at all and neither would the owner of the establishment but if a massage establishment license is required, then I will speak to the owner and let her know that I can not provide the 10 minute demos there even if they are free of cost.

(n)
Practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.

 

[Joe Angus]

I'm just trying to play "Devil's Advocate" here so please don't think that I'm trying to dissuade you from your plan, but I don't see how a tanning salon would qualify as either:

at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.

I know that your plan is for this to be "temporary" but I have a feeling that the State would consider 30 days too long to be their definitition of temporary.

On the other hand, how likely is it that the State would even find out that you are doing massage there?? If you're not going to be advertising this, they may never know that you were even there. Not that I'm advocating breaking the rules but.............??????????????

Angie

 

[jvjonster]

I would argue you are free to do this, so long as you do not accept tips.

As per the state's definitions, you are only a "Massage Therapist" if you are doing massage for compensation. Since you are not charging, you are not a "Massage Therapist" in need of a license.

Since a Massage Establishment is a place where "Massage Therapists" work, and you are not a "Massage Therapist" when doing free services, it is logical that you are free to do this.

Problem is, Gov't is not logical.

But this does raise the interesting issue...how do MTs practice chair massage for pay at Whole Foods Markets? WFM could not get an Establishment License since they do not have the faciilities that make an establshment legal.

 

[Serenity]

Hi,

I just spoke with 2 of my instructors from the massage school I attended years ago, and they also stated as long as it is temporary and definitely not for compensation and honestly I prefer not getting the tips, I simply want to have an opportunity of working on people so that I can eventually build a private clientele. We also discussed about WFM. I too have seen therapists work there about a year ago with a sign of how much they charged, that is a very good point.

Thank you everyone you have all been very enlightening with your information and Moogie, I appreciate your input very much and I totally understand your point of view, thanks again.

 

[Timmay]

On the other hand, how likely is it that the State would even find out that you are doing massage there?? If you're not going to be advertising this, they may never know that you were even there. Not that I'm advocating breaking the rules but.............??????????????

Angie

Ditto. I would not soilicit tips/charge in this situation but take $$ if someone tips you. Essentially, it's not your permanent place of employment.
Especially if you have no income and you are incurring the expense of driving there and giving people gifts.
I don't live in FL but that's what I gather from the common sense stand point.

 

[sweetiegrl04]

I called the Florida Department of Health to see what their regulations were about setting my chair up at flea markets, car wahses, health food stores, etc for a day. I was told as long as I got permission from the establishment and it was for only one day then I did not have to have an establishment license. If I were to go in there more often say several times a month then I would need the license.

Do you think the owner of the tanning salon may be interested in getting an establishment license and renting a room to you? Perhaps you could offer to pay for part of the license, although it would remain with their establishment should you leave there.

 

[cuddles (:]

Well, I called the DOH in FL and they told me that massage establishment is defined as a place where massage is given, free of cost or not, it did not matter if it was temporary. Since I am not a gambler and I will never do anything that would risk my license, I will not give the massage demos. I called the owner and explained this to her and she was very receptive and understanding. On the other hand, I got hired at a spa and I also put an ad in the newsletter of a community nearby, so I feel very optimistic.
Thanks everyone, you have all been wonderful in helping me educate myself a bit more.

 

[Sax Man]

Isn't that a bit odd that 2 ppl call and get two different answers??

 

[anant]

Isn't that a bit odd that 2 ppl call and get two different answers??

Not when you are dealing with the government.

Chances are they are both wrong, and the reality is somewhere in between.

 

[LIBERAL MUZZIE]

Not when you are dealing with the government.

Chances are they are both wrong, and the reality is somewhere in between.

You are probably right.[/quote]

 

[Billy W]

That it really odd. I was speaking to another therapist a few days ago who sets up every now and then at a car wash. She told me that she was given the same information I was; since it was a one time thing she didn't need an establishment license. I have done relay for life events, health fairs, etc. and no license was needed to do them. A bit confusing at times.

Good luck to you on your Spa position.

 

[El Capitan]

FYI

Thank you for contacting the Florida Board of Massage regarding chair massage at a whole Food Market. Is this a one time event or does this shift means that you will be set up for chair massages every day? If this will be continuous you will need to apply for an establishment license.

If I can be of further assistance I can be contacted at the email address below.

Jacqueline Clahar-Anderson
Regulatory Specialist 1
Board of Massage Therapy
850-245-4444 ext. 3493

 

[Irish Girl]

Hi there,

Well, turns out, the lady where I was going to give the free demos called me today, she wants a massage today so I will address the free demos again and explain to her what I have read here about DOH. If I can do this as a one time event only, then I am fine with it, I am sure she will want to do this.

Guys, you are all very informative and have helped me a great deal in educating myself more and more. Again, thank you all for your replies.