(a) The Mayor of the City of Warren is authorized and empowered, and it shall be part of his/her duties, to administer the provisions of this chapter, including the issuance, denial, suspension and revocation of all permits and licenses provided for in this chapter. The Health Commissioner of the City of Warren or the Deputy Health Commissioner of the City of Warren may act as the Mayor's designated agent for such purposes as set forth in the preceding sentence.
(b) No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City of Warren, the operation of a massage establishment without first having obtained a permit therefor from the City of Warren as provided in Section 752.03.
(c) The provisions of this chapter shall not apply to the following:
(1) Hospitals, nursing homes and public health centers;
(2) A person licensed or registered by the State of Ohio Medical Board while performing his/her licensed or registered profession;
(3) A person holding a certificate to practice the healing arts under the laws of the State of Ohio;
(4) A licensed cosmetologist, registered barber, registered barber apprentice, licensed chiropractor, licensed podiatrist, licensed nurse, or any other licensed health professional;
(5) A person working under the direct supervision of individuals or establishments mentioned in this subsection (c) while performing his/her licensed or registered profession.
(6) As used in this subsection (c) "licensed" means licensed, certified, or registered to practice in the State of Ohio.
(d) No individual shall act as a masseur or masseuse for or at a massage establishment located in the City of Warren without first having obtained a license therefor from the City of Warren as provided in Section 752.07.
(e) No owner or operator of a massage establishment located in the City of Warren shall knowingly do any of the following at, upon or within that massage establishment:
(1) Employ, hire or make use of a masseur or masseuse not licensed therefor in accordance with this chapter;
(2) Employ, hire or make use of a masseur, masseuse or other person who is being coerced or forced to act as a masseur, masseuse or worker against that individual's will and volition;
(3) Refuse to allow appropriate state or local authorities, including police officers, access to the massage establishment for any inspection conducted pursuant to this chapter;
(4) Employ, hire or make use of any person under twenty-one years of age.
(f) No individual acting as a masseur or masseuse in a massage establishment located in the City of Warren shall knowingly do any of the following at, upon or within that massage establishment:
(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 under eighteen years of age.
(g) No masseur or masseuse shall accept or continue employment or perform services at a massage establishment within the City of Warren that does not then have a current valid massage establishment permit issued by the City of Warren.
(Ord. 12390/12. Passed 1-25-12.)