§ 7.08.020. Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter:

(1)

"Ancillary employee" means all employees of a licensed massage establishment and/or massage business including independent contractors (except massage therapists), who work in the establishment or business, and in no way may touch the patron.

(2)

"Bathhouse" means any place, including a private club or organization, wherein any person engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, the business of giving or furnishing baths of any kind or type whatever, including, but not limited to, Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths. A bathhouse is subject to the provisions of Clark County Code Chapter 7.09 and is not deemed to be a massage establishment or massage business for purposes of this chapter, unless operated in conjunction with a massage establishment or massage business, in which case the establishment or business shall be subject to the provisions of both Clark County Code Chapters 7.08 and 7.09 and be appropriately licensed.

(3)

"Chair massage" means a massage administered by a massage therapist to a fully clothed client utilizing a massage chair. A patron or guest at a resort hotel receiving a chair massage in the pool area of the resort hotel shall be considered fully clothed when wearing appropriate public pool attire.

(4)

"Department" means the Clark County Department of Business License.

(5)

"Director" means the director of the Clark County Department of Business License.

(6)

"Independent massage therapist" means any person that is self-employed, administers massage as defined in Nevada Revised Statutes 640C, and possesses a valid Nevada Board of Massage Therapist License.

(7)

"Manager in charge" means the individual designated by the massage establishment or massage business as being responsible for employee supervision and compliance with this chapter.

(8)

"Massage/massage therapy" means the physical or mechanical manipulation of soft tissue of the body, including but not limited to acupressure and those manipulations so defined in NRS 640C. Massage therapy may only be performed by a massage therapist or independent massage therapist in accordance with this chapter. Mechanical manipulation for purposes of this chapter does not include a machine that requires only a token or payment for use and is self-operating.

(9)

"Massage business" means any place wherein massage is an accessory use as defined in Clark County Code Chapter 30. The following locations are deemed suitable for a massage business: beauty salon, health club, country club, golf course club house, spa, resort hotel or resort club. Any business that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing massage shall be responsible for the conduct and business operations of the independent massage therapist. Any misconduct by the independent massage therapist, massage therapist, or ancillary employee shall reflect on the massage business's continued ability for licensure. A massage business may only post its license at the location for which the license was issued and wherein the practice of massage is actually being performed on a regular and continuing basis.

(10)

"Massage establishment" means any fixed place of business wherein the practice of massage provides the primary source of income or compensation for the business. Any massage establishment that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing massage is responsible for the conduct of the independent massage therapist. Any misconduct by the independent massage therapist, massage therapist, or ancillary employee shall reflect on the massage establishment's continued ability for licensure. A massage establishment may only post its license at the location for which the license was issued and wherein the practice of massage is actually being performed on a regular and continuing basis.

(11)

"Massage therapist" means any person that works for a massage business or establishment, administers massage as defined by NRS 640C, and possesses a valid Nevada State Board of Massage Therapist license.

(12)

"Nevada State Board of Massage Therapists" means the state regulatory agency governing massage therapists pursuant to NRS 640C.

(13)

"Outcall massage" means any massage which is provided by an independent massage therapist that possesses a valid Nevada State Board of Massage Therapy license.

(14)

"Person" includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.

(15)

"Premises" means the portion of the building in which the licensee is located and over which he/she has control as owner or lessee. For the purposes of a resort hotel, "premises" shall be defined as set forth in Clark County Code Chapter 8.04.

(16)

"Principal" means any individual; or, if a corporation, each stockholder owning or controlling ten percent or more of the stock of the corporation and each officer and director; or, if a partnership, each partner; or, if an unincorporated association, each and every member/manager/owner thereof, or any other business entity.

(17)

"Resort hotel" shall be defined as set forth in Clark County Code Chapter 8.04.

(18)

"Specified anatomical areas" means the human genitals, pubic region, anus, or perineum of any person, or the vulva or breast of a female.

(19)

"State License" is the license issued by the Nevada State Board of Massage Therapists pursuant to NRS Chapter 640C.

(Ord. No. 3747, § 1, 3-3-2009)