§ 412A.02. Definitions.

As used in this chapter, the terms defined in this section shall have the following meanings ascribed to them:

Adequate or approved means acceptable to the director, following his or her determination as to conformance with public health practices and standards contained in existing health, building, housing, fire, food protection, or other applicable codes.

Adult massage parlor, as defined in section 60.201 of this Code.

Adult massage therapist means a person who practices massage as defined herein in an adult massage parlor.

Adult use, as defined in section 60.201 of this Code.

Change of ownership means a licensed business is sold or transferred to another person, business or corporation. A change of ownership, as it relates to an environmental plan review, does not include the changing or adding of officers to an existing partnership or corporation or change of a mailing address.

Director means the director of the department of safety and inspections or his/her designated agent.

Massage means any method of applying pressure on, or friction against, or rubbing, stroking, kneading, tapping or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, appliance or device with or without such supplemental aids as rubbing (isopropyl) alcohol, liniment, antiseptic oil, powder, cream, lotion, ointment or other similar preparation. The practice of massage shall not include and is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry. Persons duly licensed or registered to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, and nurses who work under the direction of such persons, are hereby expressly excluded from the requirements of this chapter, provided the massage is administered in the regular course of a prescribed or authorized medical treatment and not provided as part of a separate and distinct massage business. Beauty culturists, barbers and cosmetologists who do not give, or hold themselves out to give, massages other than those customarily given in such shops or places of business for the purposes of beautification only, and persons who give massages only incidentally to their general occupations and receive no compensation specifically for giving massages, shall also be excluded from the provisions of this chapter.

Obscene and obscene work, as defined in Chapter 274 of this Code.

Remodel means any reconstruction, alteration or repair that requires structural, plumbing, mechanical and/or electrical permits; changing the location of walls; expanding the area of the facility; substantially changing or expanding the character of the business. Remodel does not include replacing a piece of equipment with a like piece of equipment; replacing wall, floor or ceiling finishes; repositioning equipment; providing new equipment that does not significantly alter the character of the business. The director shall have discretion in determining when this section applies.

(C.F. No. 93-1644, § 17, 12-30-93; C.F. No. 03-898, § 1, 11-5-03; C.F. No. 07-149, § 171, 3-28-07)