For the purposes of enforcing this chapter, the following words are defined and shall have the meanings ascribed to them as hereinafter set forth:
(a) "City" means the City of Eastlake, Ohio.
(b) "Employee" means any person over eighteen years of age, other than a massager, who renders any service in connection with the operation of a massage establishment and receives compensation from the operator of the establishment or from patrons.
(c) "Licensee" means the person certified by the State Medical Board and to whom the City has issued a license to own or operate a massage establishment as defined herein.
(d) "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided, or some third person on his or her behalf, will pay money or give any other consideration or any gratuity therefor.
(e) "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage as defined herein and which has a fixed place of business where any person, firm, association or corporation engages in, or carries on, any of the activities as defined herein.
(f) "Massager", "masseur" or "masseuse" means any person also known as a masseur or masseuse who, for any consideration whatsoever, engages in the practice of massage.
(g) "Outcall massage service" means any business, the function of which is to engage in, or carry on, massages at a location designated by the customer or client rather than at a massage establishment.
(h) "Patron" means any person over eighteen years of age or older who receives a massage under such circumstances that it is reasonably expected that he or she will pay money, or give any other consideration therefor. Any person under eighteen years of age who receives a massage under such circumstances that it is reasonably expected he or she will pay money, or give any other consideration therefor, and who is referred for the massage by the written prescription of a licensed medical doctor.
(i) "Permittee" means the person to whom a permit has been issued to act in the capacity of a massager.
(j) "Person" means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(k) "Recognized school" means any school or educational institution licensed to do business as a school or educational institution in the State; or any school recognized by or approved by the State and approved or affiliated with the American Massage and Therapy Association, Inc.; and, which has for its purpose, teaching of the theory, method, profession or work of massage; which school requires a resident course of study of not less than seventy hours before the student shall be furnished with a diploma or certificate of graduation from the school or institution following completion of the course.
(l) "Sexual or genital area" means genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(Ord. 1987-028. Passed 1-27-87.)