759.01 DEFINITIONS.
   For the purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings respectively ascribed to them herein unless a different meaning is clearly indicated by the context:
   (a)   “Client” means a person who receives a massage treatment for a fee or any consideration whatsoever.
   (b)   “Director” means the Westerville Director of Planning and Development or designee.
   (c)   “Employee” means any person who is employed by, or renders any service at, a massage establishment for compensation. “Employee” includes a contract employee, freelance employee, temporary employee, or an independent contractor.
   (d)   “Exempt” means a person who provides a massage as a portion of and incidental to services in accordance with a license issued by any of the following:
      (1)   The Ohio State Cosmetology and Barber Board or its predecessors pursuant to R.C. Chapter 4709 or 4713;
      (2)   The State of Ohio Board of Nursing pursuant to R.C. Chapter 4723;
      (3)   The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board pursuant to R.C. Chapter 4755;
      (4)   The Ohio State Chiropractic Board pursuant to R.C. Chapter 4734;
      (5)   The State Medical Board of Ohio pursuant to R.C. Chapters 4730 or 4762;
      (6)   The State Medical Board of Ohio pursuant to R.C. Chapter 4731 except those licensed pursuant to R.C. § 4731.15 to practice “massage therapy”.
   (e)   “Licensed” means a person who holds a current license issued by the State Medical Board of Ohio to practice “massage therapy” pursuant to and in accordance with R.C. § 4731.15.
   (f)   “Massage” means the use of any method on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, pressing, compressing, percussing, stretching, rotating, heating, cooling, or stimulating of, the external soft parts of a living human body, which may be performed with direct or indirect human contact, or with the aid of an apparatus, appliance, or other tool or object.
   (g)   “Massage establishment” means any establishment having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a massage treatment. A “massage establishment” does not include an establishment where all persons who provide a massage are either exempt, or licensed and operating under the authority of a person who is exempt.
   (h)   “Massage treatment” means providing for a fee or any consideration whatsoever any of the following services:
      (1)   Massage;
      (2)   The application of liniments, antiseptics, oils, powders, creams, lotions, ointments, hot or cold liquids or solid objects, or other similar types of treatments.
   (i)   “Registration certificate” means a certificate of registration issued by the City of Westerville to a massage establishment.
   (j)   “Specified anatomical area,” “state of nudity,” and “state of semi-nudity” shall have the meaning ascribed to them in Chapter 763 of the Codified Ordinances.
   (k)   “Therapist” means a person who is licensed to provide a massage treatment.
(Ord. 2018-13. Passed 6-19-18.)