As used in this chapter:
(a) "EMPLOYEE" means a person who performs any service or work on the premises of a massage establishment on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wage or other compensation by the operator of said establishment. "Employee" does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
(b) "HEALTH COMMISSIONER" means the Cuyahoga County Commissioner of Health or his or her authorized representative.
(c) "LICENSEE" means, with respect to a massage establishment license issued under this chapter, a person in whose name a license to operate a massage establishment has been issued, as well as the individual or individuals designated on the license application as principally responsible for the operation of the massage establishment. With respect to a massage therapist license issued under this chapter, "licensee" means a person in whose name a license has been issued authorizing such person to practice massage within the City of Brook Park.
(d) "MASSAGE" means the practice of administering to another person, for any consideration whatsoever, any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparation commonly used in this practice.
(e) "MASSAGE ESTABLISHMENT" means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, for any consideration whatsoever, any of the activities included in the definition of "massage" above, as a principal business purpose of the establishment.
(f) "MASSAGE THERAPIST" means any individual, male or female, who, for any consideration whatsoever, engages in the practice of massage, as defined in this section.
(g) "OPERATE" means to control or hold primary responsibility for the operation of a massage establishment, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility.
(h) "PERSON" means any individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(i) "SEXUAL OR GENITAL AREA" means the genitals, pubic area, perineum, anus, anal cleft or cleavage, or pubic hair, of any person, or the vulva or breasts of a female.
(j) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, State or foreign country;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(Ord. 8433-1998. Passed 3-10-98.)