(A) No license to conduct a massage establishment or to engage in the business of, or to be, a massage technician shall be issued, renewed or continued unless each of the following provisions is complied with by the massage establishment and/or massage technician:
(1) No massage technician shall administer a massage upon another person of the opposite gender.
(2) No massage technician shall administer a massage unless he or she is completely clothed in clean non-transparent garments at all times. The term "completely clothed" shall mean having on the upper portion of the body undergarments and either a blouse or shirt which covers all the upper body except the arms, and on the lower body undergarments plus either pants, a skirt, a dress or similar such clothing which shall cover the area from the waist to a point at least two inches above the knee;
(3) The massage patron's private parts shall be covered by a towel, cloth or undergarments when in the presence of a massage technician or massage establishment employee;
(4) A massage technician and massage establishment shall display their license in a conspicuous place where the massage is being administered;
(5) The massage establishment facilities shall be subject to inspection by law enforcement officers or health inspectors during working or operating hours to assure compliance with the provisions of this chapter;
(6) A massage technician shall not fondle, touch or massage the sexual or genital area of any patron;
(7) A massage establishment operator shall provide the names of all employees and massage technicians working for the establishment to the City License Clerk within two days of the date the individual is employed;
(8) Every person or entity operating a massage establishment under the provisions of this chapter shall maintain a record of the date and hour of each massage, the name and address of the patron, and the name of the massage technician administering such massage. Such records shall be maintained on the premises of the massage establishment. Such records shall be open to inspection and copying by city officials responsible for the enforcement of the provisions of this chapter or Chapter 880 of the Codified Ordinances of Lima. Such records shall be maintained for a period of two years.
(9) Every holder of a license for a massage establishment shall cause to be displayed in a conspicuous place, readily seen by persons entering the premises, a sign listing the services provided by the establishment and the cost of such services. No service shall be rendered which is not so listed. The sign shall prominently include the statement that massage technicians are not permitted to give massages to persons of the opposite gender.
(10) Massage establishment shall not be open for business except between the hours of 9 a.m. and 9 p.m., Sunday through Saturday.
(11) No massage establishment shall be equipped with any device or mechanism that is designed, intended, or used as an internal warning or notification system, and no person shall use any such device or mechanism for alerting persons in other portions of the establishment or building.
(12) No one-way, mirrored, film-covered, or otherwise opaque glass shall be installed in any massage establishment.
(13) A massage establishment license holder must also obtain and maintain a Vendor’s License.
(14) At all times during the operation of the establishment, it shall be open for inspection by an authorized individual from the Police Department, City License & Permit Office, or from the County Health Department.
(B) Every massage establishment operator shall provide proof of liability insurance in the minimum amount of $250,000.00 per occurrence for bodily injury which may occur on the premises. Such insurance shall be provided by a company authorized to do business as an insurance company in the State of Ohio. The policy shall require that the City be notified in the case of any cancellation or non-renewal.
(C) Every massage establishment operator shall be required to post a bond with the City in the amount of $3,000.00, in the form of cash or a form of credit or guaranty as approved by the Mayor, to secure the performance and compliance of the provisions of this chapter. The Mayor may order such bond to be forfeited, in full or in part, upon the filing of a violation of this chapter.
(D) No massage technician or massage establishment operator shall violate a provision of this section.
(Ord. 66-92. Passed 4-20-92; Ord. 090-05. Passed 5-9-05.)