746.01 POLICY; EXEMPTIONS; DEFINITIONS.
   (a)   Policy. It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety, and general welfare.
   (b)   Exemptions. The provisions of this chapter shall not apply to the following:
      (1)   Hospitals, nursing homes and public health centers;
      (2)   A person licensed or registered by the State of Ohio Medical Board while performing his/her licensed or registered profession;
      (3)   A licensed chiropractor, licensed podiatrist, licensed nurse, or any other licensed health professional;
      (4)   A person working under the direct supervision of individuals or establishments mentioned in this subsection (b) while performing his/her licensed or registered profession;
   As used in this subsection (b) "licensed" means licensed, certified, or registered to practice in the State of Ohio.
   (c)   Definitions. For the purpose of this chapter, the following words are defined and shall have the meaning ascribed to them as hereafter set forth:
      (1)   MASSAGE means any method of exerting pressure on, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft tissue of the body with the hands, touch with any part of his or her body, or with the aid of any mechanical or electrical apparatus or appliance in exchange for anything of value.
      (2)   MASSAGE ESTABLISHMENT means any fixed place of business where a person offers massages:
         A.   In exchange for anything of value; or
         B.   In connection with the provision of another legitimate service.
      (3)   MASSEUR or MASSEUSE means any individual who performs massages at a massage establishment in exchange for anything of value.
      (4)   PERSON means any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
      (5)   SEXUAL OR GENITAL AREA includes the genitalia, pubic area, anus, perineum of any person, and the breasts of a female.
      (6)   LICENSE or PERMIT means and refers to persons and business operations acting in compliance with Massage Establishment regulations pursuant to Section 746.03; and also means and refers to persons acting in compliance with Masseur or Masseuse regulations pursuant to Section 746.06.
         (Ord. 2018-132. Passed 12-18-18.)