842.02 PERMIT REQUIRED; PROHIBITED CONDUCT; EXEMPTIONS.
   (a)   After the effective date of this chapter all licensed massage therapists and massage service establishments operating in the City of Springboro shall obtain a permit to operate on or before December 31.
 
   (b)   It shall be unlawful for any person to offer or perform massage therapy or massage services in the City of Springboro unless that person is a licensed massage therapist with the State of Ohio.
 
   (c)   It shall be unlawful for any person to operate a massage services establishment in the City of Springboro unless both of the following applies:
      (1)   The owner or manager is a licensed massage therapist in the State of Ohio.
      (2)   Massage therapy and massage services provided in the massage services establishment are performed exclusively by a licensed massage therapist in the State of Ohio.
   
   (d)   It shall be unlawful to employ a person to perform massage therapy or massage services in a massage service establishment in the City of Springboro unless that person is a licensed massage therapist in the State of Ohio.
 
   (e)   It shall be unlawful for a person to operate a massage services establishment in the City of Springboro without obtaining a Certificate of Zoning Compliance to operate a massage services establishment from the City of Springboro.
 
   (f)   Prohibited Conduct. No person that is providing massage services in the City of Springboro shall knowingly do any of the following at, upon or within a massage services establishment or elsewhere:
      (1)   Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the sexual or genital area of any other person;
      (2)   Perform, offer, or agree to perform any act which would require the touching of the sexual or genital area of any other person;
      (3)   Touch, offer or agree to touch the sexual or genital area of any other person with any mechanical or electrical apparatus or appliance;
      (4)   Wear unclean clothing, no clothing, transparent clothing, or clothing that otherwise reveals the sexual or genital areas of the masseur or masseuse;
      (5)   Uncover or allow the sexual or genital area of any other person to be uncovered while providing a massage;
      (6)   Perform, offer or agree to perform a massage with or without compensation to any individual less than eighteen years of age.
 
   (g)   Exceptions. The provisions of this Chapter shall not apply to the following:
      (1)   Hospitals, medical facilities and public health centers (all as defined in Ohio Revised Code section 3701.01);
      (2)   A person licensed or registered by the State of Ohio Medical Board (other than a Massage Therapist) while performing his/her licensed or registered profession;
      (3)   A licensed cosmetologist, registered barber, registered barber apprentice, licensed chiropractor, licensed podiatrist, licensed nurse, or any other licensed health professional while performing his/her licensed or registered profession; and
      (4)   A person working under the direct supervision of individuals or establishments mentioned in this subsection (g) while performing his/her licensed or registered profession.
      (5)   As used in this subsection (g) "licensed" means licensed, certified, or registered to practice in the State of Ohio.
         (Ord. 16-29. Passed 9-15-16.)