533.20 ILLEGAL MASSAGE BY THE OPPOSITE GENDER; EXEMPTIONS.
(a) As used in this Section 533.20, “massage” means the performance of any method of pressure on or friction against or stroking, kneading, rubbing, rolling, tapping, pounding, vibrating or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice and also includes tub, shower or cabinet baths, in exchange for any wage, salary, fee, payment or monetary consideration whatsoever.
(b) No person shall administer massage upon another person of the opposite gender.
(c) No firm, corporation or other legal entity shall employ, contract or engage any person as an employee, agent or contractor to administer massage upon another person of the opposite gender.
(1) State of Ohio licensed hospitals, nursing homes and public health centers.
(2) The offices of a person who is licensed or registered by the State of Ohio Medical Board which are used while performing the licensed or registered profession.
(3) A State of Ohio licensed barber shop, beauty salon, school of cosmetology or barber school while used to perform the licensed vocation.
(4) The offices of a State of Ohio licensed chiropractor or physical therapist while used to perform the licensed profession.
(5) The offices of a State of Ohio licensed massage therapist while used to perform the licensed profession.
(1) A person licensed or registered by the State of Ohio medical board while performing a licensed or registered profession.
(2) A State of Ohio licensed cosmetologist, registered barber, registered barber apprentice, licensed chiropractor, licensed practical nurse, registered nurse, licensed physical therapist or licensed physical therapist assistant while performing such profession or vocation.
(3) A person working under the direction or supervision of individuals mentioned in subsection (e)(1) and (2) hereof while performing such profession or vocation.
(4) Persons wholly employed in the sale of clothing, cosmetics, jewelry or sporting equipment insofar as these individuals must incidentally touch a customer to properly fit or sell the product at its standard market price.
(5) Persons who are related within any degree of lineal consanguinity or within the fourth degree or closer of affinity or consanguinity to the person upon whom the massage is performed.
(6) Persons employed or acting as athletic trainers or coaches for any bona fide amateur, semi professional or professional athlete or athletic team or any bona fide physical fitness organization while acting within the course and scope of their employment.
(7) Persons performing unlicensed relaxation chair massage provided that the individual who receives the relaxation chair massage is at all times wearing his or her own clothing that completely covers his or her body from the underarms to mid-thigh area and the massage is performed in a space open to public view.
(f) Whoever violates subsection (b) or (c) hereof is guilty of illegal massage by the opposite gender, a misdemeanor of the third degree.
(Ord. 33-03. Passed 3-10-03.)
(Ord. 33-03. Passed 3-10-03.)