749.01   DEFINITIONS.
   As used in this chapter:
   (a)   "Employee" means any person over eighteen years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
   (b)   "Licensee" means the person to whom a license to own or operate a massage establishment has been issued.
   (c)   "Massage" means any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibration or stimulation of, the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or 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.
    (d)   "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage and having a fixed place of business where any person engages in or carries on any of the activities described in subsection (c) hereof.
   (e)   "Massagist," "masseur" or "masseuse" means any person who, for any consideration whatsoever, engages in the practice of massage.
   (f)   "Outcall massage service" means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment.
   (g)   "Patron" means any person eighteen years of age or older 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.
   (h)   "Permittee" means the person to whom a permit has been issued to act in the capacity of a massagist, masseur or masseuse.
   (i)   "Person" means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
   (j)   "Recognized school" means any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved or affiliated with the American Massage and Therapy Association, Inc., and which has for its purpose the teaching of the theory, method, profession or work of massage, which school or institution requires a resident course of study of not less than seventy hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution following the successful completion of such course of study.
   (k)   "Sexual or genital area" means the genitals, pubic hair, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(Ord. 164-88. Passed 5-16-88; Ord. 262-08. Passed 10-6-08.)