For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
APPLICATION: The document completed and submitted by an applicant for a City massage establishment license, including all required supporting information and documentation.
CLIENT: A person who receives a massage, massage therapy or any other service within a massage establishment.
EMPLOYEE: Any person employed by a massage establishment who is not an owner, a manager or a massage therapist.
MANAGER: A. Any person who oversees or directs any element or aspect of the operation of a massage establishment.
B. Evidence that a person is a manager may include, but is not limited to, indicia that the person has power or authority to:
1. Hire, fire or discipline the massage establishment's employees or massage therapists;
2. Set or control the massage establishment's hours of operation;
3. Create rules or policies applicable to the massage establishment's operation, or its employees or massage therapists; or
4. Spend money on behalf of the massage establishment.
C. A manager may be:
1. The owner of a massage establishment;
2. An employee of a massage establishment; or
3. A massage therapist.
MASSAGE ESTABLISHMENT:
A. A fixed place of business of two (2) or more individuals, or of a partnership, firm, association, corporation or business entity, or any other combination of individuals, which:
1. Uses the word "massage" in any solicitation or advertisement; or
2. Engages in, conducts, carries on or permits massage or massage therapy to be conducted or carried on, for money or other consideration.
B. That portion of a premises operated as above in which massage or massage therapy is ancillary to the primary business.
MASSAGE THERAPIST: Defined in Idaho Code section 54-4002.
MASSAGE THERAPY (MASSAGE OR THE PRACTICE OF MASSAGE THERAPY): The practice of massage therapy is defined in Idaho Code title 54, chapter 40. By way of illustration, the definition includes any method of manual manipulation of, pressure on, or friction against, the external part of the body of another by rubbing, stroking, kneading, slapping, pounding, tapping, vibrating or other stimulation with the hands or other body parts, or with the aid of mechanical or electrical devices, with or without supplementary aids, such as oils, rubbing alcohol, liniments, antiseptics, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage. For purposes of this chapter, the terms "massage" and "massage therapy" are included in this definition and may be used interchangeably.
OWNER: A person having any ownership interest in a massage establishment, including, but not limited to, an officer, director, manager or partner of a corporation, a partnership, or any other business entity, formation or relationship. (Ord. 17-13, 6-18-2013; amd. 2019 Code)