(a) No person who owns, operates, manages, or supervises the operation of a massage establishment shall allow any employee or any therapist to appear in a public place at any time, particularly while providing massage therapy, in any state of undress, nudity or semi-nudity, to wear transparent clothing, or clothing that otherwise reveals a specified anatomical area;
(b) No person who owns, operates, manages, or supervises the operation of a massage establishment shall do any of the following:
(1) Advertise or offer massage treatments or a related service unless they have been issued a registration certificate and are licensed to provide such massage treatments;
(2) Place, publish, distribute, or cause to be placed, published or distributed any advertising material that is obscene in nature. Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987) (defining obscenity);
(3) Advertise massage treatment services with the suggestion or promise of a sexual service or activity.
(c) Nothing in this chapter shall prohibit a massage therapist from providing a massage treatment to a client who is in a state of undress or who reveals a specified anatomical area provided that the massage therapist shall not engage in sexual misconduct as defined in Ohio Administrative Code 4731-26-01(H).
(Ord. 2022-98. Passed 11-29-22.)