For the purposes of this Chapter, the words and phrases defined in the sections hereunder shall have the meanings respectively ascribed to them herein unless a different meaning is clearly indicated by the context:
(a) "Client" means a person who receives a Massage Treatment for a fee or any consideration whatsoever.
(b) "Director" means the Fairborn Director of Development Services or designee.
(c) "Employee" means any person who is employed by, or renders service at, a Massage Establishment for compensation. "Employee" includes a contract employee, freelance employee, temporary employee, or an independent contractor.
(d) "Exempt" means a person who provides a Massage as a portion of and incidental to services in accordance with a license issued 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."
(e) "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.
(f) "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.
(g) "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.
(h) "Massage School" means a facility which meets the minimum standards for training and curriculum as determined by section 4731-1-15 of the Ohio Administrative Code, or the equivalent licensing authority of another state, or is within the public school system of this state.
(i) "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.
(j) "Mobile Massage" means an activity not 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. "Mobile Massage" includes outcall or traveling "Massage Treatment" and can be separated into two different categories: corporate or residential.
(k) "Registration Certificate" means a certificate of registration issued by the City of Fairborn to a Massage Establishment.
(l) "Therapist" means a person who is Licensed to provide a "Massage Treatment."
(Ord. 48-18. Passed 11-5-18.)