(a) It shall be unlawful:
(1) For any person, association, firm, or a corporation to conduct or operate a massage establishment on the same premises whereon is also conducted the business of a liquor establishment, photography studio, model studio, art studio, telephone answering service, motion picture theater, bookstore, or sexually oriented business.
(2) For any person to practice or administer any subject or method of treatment listed in Section 704.02(c), whether for fee, gratuity or compensation of any kind:
A. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires; or
B. To any other person whose private parts are not covered by opaque material, who is in a State of Nudity, a State of Semi-Nudity, or who reveals a Specified Anatomical Area without proper draping; or
C. While allowing the Sexual or Genital Area of any other person to be uncovered or specifically uncovering it while providing the massage; or
D. In any way touch the genitals of the individual receiving the treatment. In any manner that results in the touching, fondling, or massaging of the Sexual or Genital Area of the individual receiving treatment, either by hand or with any mechanical or electrical apparatus or appliance; or
E. While in a state of undress, while wearing transparent clothing, or clothing that otherwise reveals a Specified Anatomical Area without proper draping; or
F. To any individual less than eighteen years of age without parental consent.
(3) For any person who owns, operates, manages or supervises the operation of a Massage Establishment to allow an employee to practice or administer any subject or method of treatment listed in Section 704.02(c), whether for fee, gratuity, or compensation of any kind:
A. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires; or
B. To any other person whose private parts are not covered by opaque material, who is in a State of Nudity, a State of Semi-Nudity, or who reveals a Specified Anatomical Area without proper draping; or
C. While allowing the Sexual or Genital Area of any other person to be uncovered or specifically uncovering it while providing the massage; or
D. In any way that results in the touching, fondling, or massaging of the Sexual or Genital Area of the individual receiving treatment, either by hand or with any mechanical or electrical apparatus or appliance; or
E. While in a state of undress, while wearing transparent clothing, or clothing that otherwise reveals a Specified Anatomical Area without proper draping; or
F. To any individual less than eighteen years of age without parental consent.
(4) For any person who owns, operates, manages or supervises the operation of a Massage Establishment to employ a person under eighteen (18) years of age.
(b) Whenever in this Chapter any act is prohibited or declared to be unlawful, and wherever in this Chapter the doing of any act is required or the failure to do any act(s) declared to be unlawful, the violation of any such provision of this Chapter is a misdemeanor of the first degree. Each day any such violation continues shall constitute a separate offense. Revocation or suspension of a license shall not be a defense against prosecution.
(Ord. 48-18. Passed 11-5-18.)