For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any person at least 18 years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation, from the manager of the business or patrons, but has no physical contact with the customer.
LICENSEE. The person to whom a license or permit has been issued to own, operate or manage a massage establishment or to engage in massaging.
MANAGER. The person owning, controlling, conducting, operating or managing a massage establishment, but shall not include the massage therapist, as defined in this section.
MASSAGE. Any method of pressure on 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 ov without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointment, mud, paraffins, salts 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. MASSAGE shall include seated massage.
MASSAGE ESTABLISHMENT. Any establishment having a source of income or compensation derived from the practice of massage, as defined herein, and which has a fixed place of business where any person engages in or carries on any of the activities as defined herein.
MASSAGE THERAPIST. Any person who, for any consideration whatsoever, engages in the practice of massage as defined herein.
OFF-SITE MASSAGE SERVICE. Any business, the functioning of which is to engage in or carry on massages, as defined herein, at a location designated by the patron or at a location other than at a massage establishment. OFF-SITE MASSAGE SERVICE may include seated massage.
PATRON. Any person, client or customer at least 18 years of age or if under 18 years of age with written parental or legal guardian consent 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.
PERSON. Any individual, partnership, firm, association, joint stock company, corporation, limited liability corporation or combination of individuals of whatever form or character.
SEATED MASSAGE.
(1) Any massage of the neck, arms, shoulders and back area above the waist where the client is fully clothed, sitting in a special chair designed for upper body massage and done with or without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, mud, paraffins, salts or other similar preparations commonly used in the practice of massage.
(2) SEATED MASSAGE may be performed either at a massage establishment or off site.
SEXUAL MISCONDUCT. Any criminal conviction, either misdemeanor or felony, within the city, the state or any other state for the crime of rape, child molestation, prostitution, acts of lewdness or any crime where the convicted person is required to register as a sex offender under the statutes of the state.
SEXUAL OR GENITAL AREAS. The genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(Ord. 760, passed 3-9-2016)