For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. Any person over 18 years of age, other than a massage therapist, who renders any service in connection with operation of a massage establishment and receives compensation from the owner or operation of the establishment or from its patrons.
   LICENSEE. The owner and/or operator of a massage establishment.
   MASSAGE or PRACTICE OF MASSAGE. Any method of applying pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating, the external parts of the body, by another individual, with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or similar preparations.
   MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on, any of the acts of massage as defined herein.
      (1)   Any person who, for any consideration, engages in the practice of massage as defined herein and provides proof of one of the following:
         (a)   Active member status in a professional massage therapy organization whose minimum standards require graduation from a recognized school, as defined herein, or the passing of a competency test for active membership;
         (b)   Graduation and completion of a professional level entry program which consists of 500 hours or more of in-classroom study and 100 hours or more of clinical experience in a recognized school;
         (c)   Passage of the national certification examination in therapeutic massage and bodywork (NCETMB) administered by the National Certification Board for Therapeutic Massage and Bodywork, which is approved by the National Commission for Certifying Agencies (NCCA), the accrediting arm of the National Organization for Competency Assurance (NOCA) or any other examination exhibiting proficiency in massage therapy/bodywork approved by the state or a federal certifying agency; or
         (d)   Evidence of a professional license issued by the state authorizing the practice of massage therapy.
      (2)   The following persons shall not be considered to be MASSAGE THERAPISTS for purposes of this chapter, when practicing massage within the scope of their vocation, employment, course of study or volunteer services:
         (a)   Physicians, physicians’ assistants, surgeons, podiatrists, chiropodists, osteopaths, chiropractors, registered nurses, practical nurses, certified nurses’ assistants, physical therapists, barbers and cosmetologists licensed, registered or certified to practice in the state;
         (b)   Athletic trainers for any athletic program of a private or public school, college or university or for any athletic team regularly organized and engaging in competition;
         (c)   Any person enrolled in a school or program licensed by the state or accredited by a national accrediting association in medicine, osteopathy, chiropractic, podiatry, nursing, physical therapy, barbering or cosmetology, or massage therapy; and
         (d)   Any person employed or working under the direction and supervision of a massage therapist as defined herein.
   MASSEUR. Any person who, for any consideration whatsoever, engages in the practice of massage as defined herein.
   OUTCALL MASSAGE SERVICE. Any business, the function of which is to engage in or carry on massages for compensation at a location designation by the customer or client rather than at a massage establishment.
   PATRON. Any person who receives a massage under such circumstances that is reasonably expected that he or she would pay money or give any other form of consideration therefor.
   PERSON. Any individual, partnership, firm, association, limited liability company, joint stock company, corporation or combination of individuals of whatever form or character.
   RECOGNIZED SCHOOL. A state-approved school operating according to state regulations which has a current license, approval, accreditation and/or certification from the state in which it is located and provides an entry level massage training program requiring a minimum of 500 hours of in-class work in clinical training, which program shall include anatomy and physiology, kinesthetics, ethics, pathology, contraindication and clinical experience, or a massage school program accredited/approved by the Commission of Massage Training/Approval and Accreditation (COMTAA) or by the International Massage and Somatic Therapies Accreditation Council (IMSTAC) or by a similar nationally-recognized professional accrediting entity.
   SEXUAL OR GENITAL AREA. The genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.
(2000 Code, § 121.01) (Ord. 1827, passed 11-19-2001; Ord. 2012, passed 12-20-2004)