Definitions

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section:

(1)

Employees shall mean and shall encompass those persons in direct employ and those persons acting as independent contractors.

(2)

Establishment shall mean a site or premises, or portion thereof, wherein a massage therapist, Employee, masseur, or masseuse practices massage.

(3)

Establishment owner shall mean a person who has ownership interest in a massage establishment. The term includes but is not limited to an individual who holds a massage establishment license, a general partner of a partnership, an owner or officer of a corporation, and a member of a limited liability company and its subsidiaries who holds a massage establishment license.

(4)

Fee or gratuity shall mean and include payment by money, check, credit card, or any combination thereof or anything of value in exchange for services under this article.

(5)

Massage shall mean the manipulation of the soft tissues of the human body by the hand, foot, arm, or elbow of an employee of a massage establishment, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation.

(6)

Massage establishment shall mean and includes any health spas, health studios, exercise salons, relaxation spas, health salons, health clubs and adult relaxation spas, shops, parlors, Establishments, or places of business wherein all or any one or more of the named subjects and methods of treatments, as defined in subsection (1), are administered or practiced.

(7)

Massage therapist shall mean the same as set forth in F.S. § 480.033.

(8)

Masseur and masseuse shall mean and include a person who practices, administers, or teaches all or any one or more of the following subjects and methods of treatments:

a.

A person who administers or teaches treatments with any mechanical or electrical apparatus for the purpose of body slenderizing, body reducing, or body contouring.

b.

A person who has studied the underlying principles of anatomy and physiology, including the theory of massage, its indications and contra-indications, and administers or teaches all or any one or more of the following subjects and methods of treatments: oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, color irrigations, body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or tapotement.

c.

Nothing in this article shall be construed as applying to State of Florida licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapist assistants, midwives, practical nurses, agents, servants, or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians, other licensed medical practitioners, or their agents, servants, or employees acting in the course of such agency, service, or employment.

(9)

Premises shall mean the real property, or portion thereof, upon which the massage establishment is located, including, but not limited to, the establishment and the grounds, private walkways, parking lots, and/or parking garages under the ownership or control of the establishment.

(Ord. No. 14013, § 2, 7-22-21)