(a) "Massage Establishment" means any establishment having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a Massage Treatment. A "Massage Establishment" does not include an establishment where all persons who provide a Massage are either Exempt, or Licensed and operating under the authority of a person who is Exempt.
(b) "Massage Practitioner" means a person who practices or administers any massage or touching techniques listed in subsection (c) for a fee, income or compensation of any kind within the City of Fairborn.
(c) "Massage" means the following named subjects and methods of treatment: use of any method on, or friction against, or stroking, kneading, tapping, pounding, vibrating, pressing, compressing, percussing, petrissage, effleurage, tapotement, cupping, stretching, rotating, heating, cooling, or stimulating of, the external soft parts of a living human body, which may be performed with direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object. The term also includes the use of colon irrigation; tub, shower, or cabinet baths; as well as oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(d) “Moral Turpitude” means an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general.
(e) "Draping" means non-transparent linen, towel, or other opaque cloth which securely covers a Client's Specified Anatomical Areas by folding, tucking or fastening.
(f) "Sexual or Genital Area" means the genitalia pubic areas, anus, perineum of any person and the breasts of a female.
(g) "Specified Anatomical Area," "State of Nudity," and "State of Semi-Nudity" shall have the meaning ascribed to them in Section 1133.02 of the Fairborn Codified Ordinances.
(h) "Massage Treatment" means providing a fee or any consideration whatsoever for the following services:
(1) Massage;
(2) A method of treatment that involves the application of oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(i) "Exempt" means a person who provides a Massage as a portion of and incidental to services in accordance with a license issue by any of the following:
(1) The Ohio State Cosmetology and Barber Board or its predecessors pursuant to Ohio Revised Code Chapter 4709 or 4713;
(2) The State of Ohio Board of Nursing pursuant to Ohio Revised Code Chapter 4723;
(3) The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board pursuant to Ohio Revised Code Chapter 4755;
(4) The Ohio State Chiropractic Board pursuant to Ohio Revised Code Chapter 4734;
(5) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4730 or Chapter 4762;
(6) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4731 except those licensed pursuant to Revised Code Section 4731.15 to practice "massage therapy."
(j) "Licensed" means a person who holds a current massage practitioner license issued by the State Medical Board of Ohio to practice "massage therapy" pursuant to and in accordance with Revised Code Section 4731.15.
(Ord. 48-18. Passed 11-5-18.)