5.16.010   Definitions.
   For the purpose of the provisions regulating baths, sauna baths, massage establishments and similar businesses set forth in this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:
   A.   "Applicant" means any person or entity desiring to obtain a permit to operate a massage establishment, and includes each and every owner of the proposed establishment. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each and every stockholder. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If a corporation or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter as to the background and character of the "applicant."
   If the applicant is a corporation, a certified copy of its articles of incorporation, together with any authorizations to issue stock shall be attached to the application. If the applicant is a partnership, a certified copy of the partnership agreement, if there be one, shall be attached to the application and if the applicant be a limited partnership, a certified copy of its certificate of limited partnership shall be attached to the application.
   B.   "Massage" means any method of treating any of the external parts of a person including but not limited to rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations, 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.
   C.   "Massage establishment" means any place, including a private club or organization, where any massage, as defined in this section, is given or offered. It includes any place, including a private club or organization, wherein any person, firm, association, corporation or partnership engages in, conducts or carries on, or permits to be engaged in, conducted or carried on the business of giving or furnishing baths of any kind or type including Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths.
   D.   "Massage technician" is any person who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, or other similar procedure.
   E.   "Operator" is any person who manages or who is otherwise primarily responsible for the operation of the massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the establishment complies with the requirements of this code and of other laws, and of establishing and administering any and all policies established by the owner for the operation of the establishment.
(Ord. 81-6-872 § 1 (part))