(a) No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City of Ashtabula, the operation of a massage establishment without first having obtained a permit from the City of Ashtabula as provided in Section 763.03 of this chapter.
(b) The provisions of this chapter shall not apply to the following:
(1) Hospitals, nursing homes and public health centers;
(2) A person licensed or registered by the State of Ohio Medical Board while performing his/her licensed or registered profession;
(3) A licensed cosmetologist, registered barber, registered barber apprentice, licensed chiropractor, licensed practical or registered profession;
(4) A person working under the direct supervision of individuals or establishments mentioned in this section while performing his/her licensed or registered profession.
(5) As used in this section "licensed" means licensed, certified, or registered to practice in this State.
(c) No individual shall act as a masseur or masseuse for a massage establishment located in the City of Ashtabula without first having obtained a license from the City of Ashtabula as provided in Section 763.05.
(d) No owner or operator of a massage establishment located in the City of Ashtabula shall knowingly do any of the following:
(1) Employ an unlicensed masseur or masseuse.
(2) Refuse to allow appropriate state or local authorities, including police officers, access to the massage establishment for any health or safety inspection or license requirement conducted pursuant to this chapter.
(3) Employ any person under the age of eighteen.
(e) No person employed in a massage establishment located in the City of Ashtabula shall knowingly do any of the following in the performance of duties at the massage establishment:
(1) Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the sexual or genital area of any other person;
(2) Perform, offer, or agree to perform any act which would require the touching of the sexual or genital area of any other person;
(3) Touch, offer or agree to touch the sexual or genital area of any other person with any mechanical or electrical apparatus or appliance;
(4) Wear unclean clothing, no clothing, transparent clothing, or clothing that otherwise reveals the sexual or genital areas of the masseur or masseuse;
(5) Uncover or allow the sexual or genital area of any other person to be uncovered while providing massages;
(6) Perform, offer or agree to perform non-medical massage with or without compensation to any individual under the age of eighteen years old.
(f) No licensed masseur or masseuse shall accept or continue employment at a massage establishment that does not have a current valid permit issued by the City of Ashtabula.
(Ord. 2003-04. Passed 1-6-03.)