(A) Massage therapy license. It shall be unlawful for any person to practice massage therapy or provide or offer to provide massage therapy within the city without a massage therapist license issued by the city. This includes persons providing massage therapy at therapeutic massage enterprises that have therapeutic massage enterprise licenses.
(B) Therapeutic massage enterprise license. It shall be unlawful for any person or entity to operate a therapeutic massage enterprise within the city without a therapeutic massage enterprise license issued by the city. The owner or operator of a therapeutic massage enterprise need not be licensed as a massage therapist unless he or she personally provides massage services.
(C) A therapeutic massage enterprise located in a residential district must comply with all requirements set forth in § 152.262(B) of the City Code but shall be exempt from the vocation administrative permit requirement.
(D) A therapeutic massage enterprise license or massage therapist license is not required for the following:
(1) Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry or persons working for a licensed medical professional, provided that the massage is administered in the regular course of the medical treatment and is not being provided as part of a separate and distinct massage business;
(2) Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and further provided that massage by beauty culturists is limited to the head, hands, neck, and feet and massage by barbers is limited to the head and neck;
(3) Places licensed or operating as a hospital, nursing home, hospice, sanitarium, group home, or other health care office, clinic, or facility established for hospitalization or medical care;
(4) Athletic coaches, directors, and trainers employed by public or private schools;
(5) Accredited institutions and students of accredited institutions which provide an accredited program of study or course work in massage therapy, provided that the massage is provided during and as a part of the course or clinical component of the institution's program or course work and students are supervised by an instructor while performing the massage.
(6) Persons providing temporary massage services such as a "chair massage" provided that all of the following requirements are met:
(a) The massage is provided in a location where the massage can easily be seen by employees and visitors;
(b) The establishment where the massage is being provided does not hold a license to sell alcoholic beverages;
(c) Massages are offered at the establishment no more than ten days per calendar year;
(d) Each recipient of a massage remains in an upright position during the massage, either in a seated or standing position; and
(e) Each recipient of a massage remains fully clothed in the normal daytime attire worn when he or she enters the establishment and clothing except for outerwear such as coats and jackets is not removed.
(Ord. 2013-1154, passed 3-4-13)