747.03 EXEMPTIONS.

(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 from patrons.

(b) “Licensee” means the person to whom a license has been issued to own or operate a massage establishment as defined herein.

(c) “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating and stimulating, the external parts of the human body with the hands or with the aid of any mechanical and/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 as defined in subsection (c) hereof, 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 as defined in subsection (c) hereof.

(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 as defined in subsection hereof.

(g) “Patron” means any person over 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) “Permittee” means the person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined.

(i) “Person” means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

(j) “Recognized school” means any school or educational institution licensed to do business as a school or educational institution in the State in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc., and which has for its purpose the 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 such school or institution of learning following the successful completion of such course of study or learning.

(k) “Sexual or genital area” means genitals, the pubic area, buttocks, the anus or the perineum of any person, or the vulva or breasts of a female.

(Ord. 248-1978. Passed 11-6-78.)

747.02 LICENSE AND PERMIT REQUIRED.

(a) Business License Required. No person shall engage in or carry out the business of massage unless he or she has a valid massage business license issued by the City pursuant to the provisions of this chapter and Chapter 1395 of the Planning and Zoning Code for each and every separate office or place of business conducted by such person.

(Ord. 18-1987. Passed 3-2-87.)

(b) Massagist's Permit Required. No person shall practice massage as a massagist, employee or otherwise, unless he or she has a valid and subsisting massagist's permit issued to him or her by the City pursuant to the provisions of this chapter.

(Ord. 248-1978. Passed 11-6-78.)

747.03 EXEMPTIONS.

This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State of Ohio.

(b) Nurses who are registered under the laws of this State; or

(c) Barbers and beauticians who are duly licensed under the laws of this 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. 248-1978. Passed 11-6-78.)

747.04 APPLICATION FOR MASSAGE ESTABLISHMENT 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 Administrative Director and pay a nonrefundable annual license fee, which shall be two hundred fifty dollars ($250.00) per year or any part thereof. Licensees who have already paid the license fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the Department of Police for investigation. Copies of the application shall within five days also be referred to the Division of Buildings, and the Fire Department. The departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the Administrative Director concerning compliance with the codes of the City that they administer. The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications. Each application shall contain the following information:

(a) A definition of service to be provided;

(b) The location, mailing address and all telephone numbers of the business;

(c) The name and residence address of each applicant. (Hereinafter all provisions which refer to an applicant include an applicant which may be a corporation or partnership.)

(1) If an applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than ten percent of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment;

(2) If an applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment;

(d) The two previous addresses immediately prior to the present address of the applicant;

(e) Proof that the applicant is at least eighteen years of age;

(f) An individual's or partner's height, weight, color of eyes and hair, and sex;

(g) A copy of identification, such as a driver's license and social security card;

(h) One portrait photograph of the applicant at least two inches by two inches and a complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his or her agent; if the applicant is a corporation, one portrait photograph at least two inches by two inches of all officers and managing agents of the corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the Chief of Police or his or her agent; if the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including a limited partner in the partnership, and a complete set of each partner's or limited partner's fingerprints which shall be taken by the Chief of Police or his or her agents;

(i) The business, occupation or employment of the applicant for the three years immediately preceding the date of application;

(j) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

(k) All criminal convictions other than misdemeanor traffic violations, including dates of convictions, nature of the crimes and place convicted;

(l) The name and address of each massagist who is or will be employed by the massage establishment;

(m) A diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant himself or herself will not engage in the practice of massage as defined herein, he or she need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught;

(n) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subsection (c) hereof, wherein the business or profession of massage is carried on;

(o) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;

(p) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

(q) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;

(r) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State, and lastly from the rest of the United States. These references must be persons other than relatives and business associates.

Upon the completion of the above provided form and the furnishing of all foregoing information the Administrative Director shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Administrative Director of each change in any of the data required to be furnished by this section within ten days after such change occurs.

747.05 APPLICATION FOR MASSAGIST'S PERMITS; FEE.

Application for a massagist's business permit shall be made to the Administrative Director in the same manner as provided above for massage establishment licenses, accompanied by the annual nonrefundable massagist's permit fee of one hundred dollars ($100.00) per year or part thereof. Massagists who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following:

(a) The business address and all telephone numbers where the massage is to be practiced;

(b) The name and residence address of the applicant, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant;

(d) The applicant's weight, height, color of hair and eyes, and sex;

(e) Written evidence that the applicant is at least eighteen years of age;

(f) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;

(g) Fingerprints of the applicant taken by the Police Department;

(h) Two front-face portrait photographs taken within thirty days of the date of application, at least two inches by two inches in size;

(i) The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing that the applicant has completed not less than seventy hours of instruction. For persons presently employed as a masseur or masseuse in the City, this section shall not apply until January 1, 1979.

Present employment shall be established by a sworn affidavit from the employer, after which time such person must be actively engaged, enrolled or participating in a course of study designed to fulfill the requirements of this section and certified to be an official of the approved school. The burden of establishing such active engagement, enrollment or participation shall be upon the person seeking a permit herein. For persons not so employed, this section shall be effective upon passage. In no event shall any person within the purview of this chapter act as aforesaid without satisfying the training requirement set forth within the City.

(j) The massage or similar business history and experience ten years prior to the date of application, including, but not limited to whether or not such person is or was previously operating in this or another city or state under such license or permit, has had such license or permit denied, revoked or suspended, and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;

(k) The names, current addresses and written statements of at least five bona fide permanent residents of the United States, other than relatives, that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State, and lastly from the rest of the United States.

(l) A medical certificate signed by a physician, licensed to practice in the State, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this subsection shall be provided at the applicant's expense.

(m) Such other information, identification and physical examination of the person deemed necessary by the Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application;

(n) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; and

(o) A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, such declaration being duly dated and signed in the City.

747.06 ISSUANCE OF LICENSE OR PERMIT FOR A MASSAGE ESTABLISHMENT.

The City shall issue a license for a massage establishment, or a permit for a masseur or masseuse, if all requirements for a massage establishment or massagist permit described in this chapter are met, unless if finds:

(a) The correct permit or license fee has not been tendered to the City, and in the case of a check, or bank draft, honored with payment upon presentation.

(b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations.

(c) The applicant (if an individual), or any of the stockholders holding more than ten percent of the stock of the corporation, or any of the officers and directors (if the applicant is a corporation), or any of the partners, including limited partners (if the applicant is a partnership), or the holder of any lien, of any nature, upon the business and/or the equipment used therein, and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense outside the State that would have constituted any of the following offenses if committed within the State:

(1) An offense involving the use of force and violence upon the person of another that amounts to a felony;

(2) An offense involving sexual misconduct;

(3) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.

The City may issue a license or permit to any person convicted of any of the crimes described in paragraphs (c)(1), (2) or (3) hereof if it finds that such conviction occurred at least five years prior to the date of the application and that the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any crime mentioned in this section.

(d) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith.

(e) The applicant has had a massage business, masseur or other similar permit or license denied, revoked or suspended by the City of by any state or local agency within five years prior to the date of the application.

(f) The applicant (if an individual), or any of the officers or directors (if the applicant is a corporation), or any of the partners, including limited partners (if the applicant is a partnership) and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen years.

(Ord. 248-1978. Passed 11-6-78.)

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