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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 703 Alarm Systems
CHAPTER 704 Amusement Devices
CHAPTER 705 Billposters and Distributors
CHAPTER 709 Boxing and Wrestling
CHAPTER 711 Cable Service and Competitive Video Service
CHAPTER 713 Circuses and Carnivals
CHAPTER 715 Sweepstakes Terminal Café
CHAPTER 717 Dances
CHAPTER 721 Distress Merchandise Sales
CHAPTER 725 Fair Housing Practices
CHAPTER 729 Juke Boxes
CHAPTER 733 Junk Yards
CHAPTER 734 Medical Marijuana Entities
CHAPTER 735 Massage Parlor Establishments
CHAPTER 736 Motor Vehicle Salvage Dealers
CHAPTER 737 Peddlers, Canvassers and Solicitors
CHAPTER 741 Railroads
CHAPTER 745 Rummage Sales
CHAPTER 746 Sexually Oriented Businesses; Licensing and Operation
CHAPTER 747 Tattoo or Body Piercing Establishments
CHAPTER 749 Taxicabs
CHAPTER 750 Taxicabs
CHAPTER 753 Temporary Stores
CHAPTER 757 Weapons Sales
CHAPTER 761 Weights and Measures
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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735.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Employee" means any person over eighteen years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
   (b)   "Licensee" means the person to whom a license has been issued who owns or operates a massage establishment.
   (c)   "Massage" means any method of pressure 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 or 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.
   (d)   "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage 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 in subsection (c) hereof.
   (e)   "Massagist, masseur or masseuse" means any person who, for any consideration whatsoever, engages in the practice of massage.
   (f)   "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.
   (g)   "Patron" means any person eighteen years of age 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.
   (h)   "Person" means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals in whatever form or character.
   (i)   "Sexual or genital area" means the genitals, pubic hair, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(Ord. 88-50. Passed 2-16-88.)
735.02 BUSINESS LICENSE AND STATE MASSAGIST'S LICENSE REQUIRED. (REPEALED)
   (EDITOR'S NOTE: Section 735.02 was repealed by Ordinance 90-204, passed July 16, 1990.)
735.03 EXEMPTIONS.
   This chapter shall not apply to the following individuals while engaged in the personal performance of their respective professions:
   (a)   Physicians, surgeons, chiropractors, osteopaths, mechano-therapists or physical therapists, who are duly licensed to practice their respective profession in this State;
   (b)   Nurses who are registered under the laws of this State;
   (c)   Those persons who hold a valid and subsisting massagist's license issued by the State pursuant to the provisions of the Ohio Revised Code governing the limited practice of medicine; and
   (d)   Barbers and beauticians who are duly licensed under the laws of the State, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes.
(Ord. 91-22. Passed 1-22-91.)
735.04 APPLICATION FOR BUSINESS LICENSE; FEE.
   Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath with the City upon a form provided by the Department of Safety and Service and pay a nonrefundable annual license fee of one hundred dollars ($100.00) per year or any part thereof. The application, once accepted, shall be referred to the Department of Safety and Service for investigation. Copies of the application shall, within five days, also be referred to the Building Department and the Fire Division. Such Department and Division shall, within thirty days, inspect the premises proposed to be operated as a massage establishment and shall make written verification to the Department of Safety and Service concerning compliance with the codes of the City and State that they administer.
(Ord. 88-50. Passed 2-16-88.)
735.05 ISSUANCE OF BUSINESS LICENSE.
   The City shall issue a license for a massage establishment, after ratification by the Safety-Service Director, if all requirements for a massage establishment described in this chapter are met.
(Ord. 88-50. Passed 2-16-88.)
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