(a) No person in any massage establishment not exempted by Section 749.03 above shall place his or her hand or hands upon, touch with any part of his or her body, fondle in any manner, or massage, a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
(b) No person in any massage establishment not exempted by Section 749.03 above shall expose his or her sexual or genital parts, or any portion thereof, to any other person. No person in a massage establishment shall expose the sexual or genital parts, or any portion thereof, of any other person.
(c) No person, while in the presence of any other person in any massage establishment not exempted by Section 749.03 above shall fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body.
(d) No person, owning, operating or managing any massage establishment, knowingly shall cause, allow or permit in or about such massage establishment, any agent, employee or any other person under his control or supervision to perform such acts prohibited in subsections (a), (b) or (c) hereof.
(e) No licensee under this chapter not exempted by Section 749.03 above shall administer massage on an outcall basis as defined in Section 749.01(f). Such person shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a customer or client who, because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the customer or client, and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity exception or illness of the client or customer shall be kept by the licensee of the massage establishment. Such records shall be open for inspection by officials charged with the enforcement of public health laws by the Director of Public Safety. The information furnished or secured as a result of any such inspection shall be confidential.
(f) No massage service not exempted by Section 749.03 above shall be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. All doors or doorway coverings within a massage establishment shall have an unobstructed opening six inches by six inches in size, capable of clear two-way viewing into and out of all cubicles, rooms or booths. The opening shall be not less than four and one-half feet from the floor of the establishment nor more than five and one-half feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of the cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements or statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the Safety Director or Health Department of Summit County.
(Ord. 53-1998. Passed 7-9-98.)