For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EMPLOYEE" or "ATTENDANT." A person who works, renders or performs any services in and/or for a massage establishment regardless of whether said person is paid a salary, wage or other compensation by the licensee of the massage establishment or is full-time, part-time, an independent contractor, or on a contract or subcontract basis. This definition includes any person who provides services on behalf of any massage establishment to the patrons of such business, whether the individual receives any remuneration, gratuity or tips of any kind, or pays the licensee for the right to work.
"ESTABLISHMENT." A place of business or operation of any kind, whether existing or opening; the conversion of any existing business; or the relocation of any existing business.
"LICENSEE." A person in whose name a license to operate a massage establishment has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a massage establishment as required under this chapter.
"MANAGER." Any person who manages, directs, administers or is in charge of the affairs and/or the conduct of a massage establishment.
"MASSAGE ESTABLISHMENT." Any establishment, building, room or place other than a regularly licensed hospital, medical clinic, nursing home or dispensary, the offices of a physician, a surgeon, or an osteopath, or a chiropractor where nonmedical, nonsurgical, nonosteopathic and nonchiropractic manipulative exercises, massages or procedures are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying purposes, with or without the use of mechanical or other devices (by anyone not a physician, surgeon, osteopath or chiropractor or of a similarly registered status, and shall include any place where baths, exercises or similar services are offered).
"MASSEUR (MALE)" and "MASSEUSE (FEMALE)." A person who practices any one or more of the arts of body massage, either by hand or mechanical apparatus, oil rubs, corrective gymnastics or mechanotherapy, including color therapy, dietetics, hot packs, cabinet, tub, shower, site, vapor, steam or any other special type of bath.
"PERSON." An individual, proprietorship, partnership, corporation, association or other legal entity.
"SEXUAL CONDUCT."
(1) The fondling or other intentional touching of human genitals, buttocks, anus or female breasts;
(2) Sex acts, normal, deviant or perverted, actual or simulated, including, but not limited to, sexual intercourse, oral copulation, anilingus, cunnilingus, fellatio, flagellation, sadism or sadomasochism;
(3) Erotic or sexual stimulation with objects or mechanical devices;
(4) Masturbation, actual or simulated;
(5) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(6) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (5) above.
(Ord. B2023-04, passed 4-27-23)