For the purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings respectively ascribed to them herein unless a different meaning is clearly indicated by the context:
(a) "Client" means a person who receives a massage treatment for a fee or any consideration whatsoever.
(b) "Director" means the Director of the City of Miamisburg Development Department or the Director's designee.
(c) "Draping" means non-transparent linen, towel, or other opaque cloth which securely covers a client's specified anatomical areas by folding, tucking or fastening.
(d) "Employee" means any person who is employed by, or renders any service at, a massage establishment for compensation. "Employee" includes a contract employee, freelance employee, temporary employee, or an independent contractor.
(e) "Exempt" means a person who provides massage as a portion of and incidental to services in accordance with a license issued by any of the following:
(1) The Ohio State Cosmetology and Barber Board or its predecessors pursuant to R.C. Chapter 4709 to 4713;
(2) The State of Ohio Board of Nursing pursuant to R.C. Chapter 4723;
(3) The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board pursuant to R.C. Chapter 4755;
(4) The Ohio State Chiropractic Board pursuant to R.C. Chapter 4734;
(5) The State Medical Board of Ohio pursuant to R.C. Chapters 4730 to Chapter 4762;
(6) The State Medical Board of Ohio pursuant to R.C. Chapter 4731 except those licensed pursuant to R.C. § 4731.15 to practice "massage therapy."
(7) Schools, colleges, or institutions approved by and determined to be in good standing with the State Medical Board of Ohio that have the massage therapy curriculum required for students to become massage therapists upon course completion and the students enrolled in such schools, colleges, or institutions.
(f) "Incidental" shall have the meaning as ascribed in Chapter 1230 of these Codified Ordinances.
(g) "License" means a massage practitioner license issued by the State Medical Board of Ohio to practice "massage therapy" pursuant to and in accordance with R.C. § 4731.15.
(h) "Massage" means the use of any method on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, pressing, compressing, percussing, stretching, rotating, heating, cooling, or stimulating of, the external soft parts of a living human body, which may be performed with direct or indirect human contact, or with the aid of an apparatus, appliance, or other tool or object. The term also includes tub, shower, or cabinet baths; as well as oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(i) "Massage establishment" means any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits for consideration, massage and massage treatments; including but not limited to, any hot tub/sauna, relaxation, spas, or tanning establishments in which massage treatments are made available to members of the public.
(j) "Massage school" means a facility which meets the minimum standards for training and curriculum as determined by Section 4731-1-15 of the Ohio Administrative Code, or the equivalent licensing authority of another state, or is within the public school system of this state.
(k) "Massage therapist" means any person who has a license in good standing as a massage therapist from the State Medical Board of Ohio.
(l) "Massage treatment" means providing for a fee or any consideration whatsoever any of the following services:
(1) Massage;
(2) A method of treatment that involves the application of oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.
(m) "Mobile massage" means an activity not having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a massage treatment. "Mobile massage" includes outcall or traveling "massage treatment" and can be separated into two different categories: corporate or residential.
(n) "Person" means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
(o) "Registration certificate" means a certificate of registration issued by the City of Miamisburg to a massage establishment or mobile massage therapist.
(p) "Specified anatomical area", "state of nudity", and "state of semi-nudity" shall have the meaning ascribed to them in Chapter 1299 of these Codified Ordinances.
(Ord. 6868. Passed 9-15-20.)