As used in this chapter certain terms are defined as follows:
(a) “Employee” means any person over eighteen years of age other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
(b) “Licensee” means the person to whom a license has been issued to own or operate a massage establishment as defined herein.
(c) “Massage” means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
(Ord. 67-79. Passed 4-2-79.)
(d) “Massage establishment” means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection (c) hereof, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in subsection (c) hereof. However, establishments operated by those individuals engaged in the personal performance of the duties of their respective professions, and who are exempted from the application of this chapter by virtue of Section 765.03, shall not be included in this definition.
(Ord. 36-98. Passed 3-2-98.)
(e) “Massagist, masseur or masseuse” means any person who, for any consideration whatsoever engages in the practice of massage as defined in subsection (c) hereof.
(f) “Outcall massage service” means any business, the function of which is to engage in, or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined in subsection (c) hereof.
(g) “Patron” means any person eighteen years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
(h) “Permittee” means the person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined.
(i) “Person” means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(j) “Recognized school” means any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved or affiliated with the American Massage and Therapy Association, Inc., and which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study of not less than seventy hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
(k) “Sexual or genital area” means genitals, pubic hair, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
(Ord. 67-79. Passed 4-2-79.)