For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any person other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
LICENSEE. The person to whom a license has been issued to own or operate a massage establishment, as defined herein.
MASSAGE. The treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided with pay money therefor.
MASSAGE ESTABLISHMENT or MASSAGE PARLOR. Any establishment which engages in the practice of massage as defined herein, and which has a fixed place of business where any person, firm, association or corporation carries on any of the activities, as defined herein. MASSAGE ESTABLISHMENT includes a health club, health spa or any physical fitness club or business that offers massages on occasion or incidental to its principal operation.
MASSAGIST, MASSEUR or MASSEUSE. Any person who, for any consideration whatsoever, engages in the practice of massage, as defined herein.
OUTCALL MASSAGE SERVICE. Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined herein, only as permitted by the terms of this subchapter. (See § 132.078(E) of this chapter.)
PATRON. Any person 18 years of age or over who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or be given any other consideration therefor.
PERMITTEE. The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse), as herein defined.
PERSON. Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
PROSTITUTION. Engaging in sexual activity as a business including:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Homosexual and other deviate sexual relations.
RECOGNIZED SCHOOL or MASSAGE SCHOOL. Any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession or work of massage.
SEXUAL OR GENITAL AREA. Genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.
STUDENT. Any person who, under the guidance of an instructor in a massage school, is being trained or instructed in the theory, method or practice of massage.
(Prior Code, § 40-111) (Ord. 1294, passed 4-21-2008; Ord. 1477, passed 6-17-2019)