Subdivision 1. Definitions

Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent.

Erogenous area. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus.

Massage. Any method of treating the external parts of the human body for money consideration, present or deferred, by touching, rubbing, stroking, kneading, tapping, or vibrating with the hand, arm, foot or mouth or any instrument, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage by the duly employed trainer, or his assistant(s), of any professional club, college or educational institution athletic team while in the normal course of his duties; nor shall this definition include any massage by an employee of any bona fide health spa or health club, which shall, for the purpose of this ordinance, be defined as an establishment offering or providing facilities for an instruction in controlled exercise, weight lifting, calisthenics, and general physical fitness and actually occupying premises of not less than five thousand (5,000) square feet, of which not more than five (5) percent is used for massages, and whose gross income from massages is less than fifteen (15) percent of the total gross business income derived from physical fitness sales contracts at each business location; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed under Titles 4 and 5, Business Occupations and Professions Article, Annotated Code of Maryland, as from time to time amended.

Massage establishment. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, exercise clubs, spas, health clubs, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational, and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing for instruction in and facilities for controlled exercise, weight lifting, calisthenics, and general physical fitness which is actually occupying the premises of not less than five thousand (5,000) square feet, of which not more than 5 percent (5%) is used for massages, and whose gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location.

Massage technician. Any individual who administers a massage to another individual at a massage establishment. This definition shall not be construed to include a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse duly licensed by the State of Maryland.

Off-premises massage establishment. Any establishment engaged in arranging for massages to be given for a fee or in giving massages for a fee when such massages are not given at a massage establishment shall be considered an off-premises massage establishment. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other good faith educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.

Person. Any individual, firm, partnership, corporation, company, association, or joint stock association.