§ 22-101. Definitions.

The following terms used in this article regulating spa/massage and bodywork therapy businesses shall have the meanings indicated below:

Business license means the certificate issued upon payment of the administrative fee, and the payment of the occupation tax. Only one business license certificate shall be issued, which shall demonstrate that the fees and tax have been paid.

County means the unincorporated area of Banks County, Georgia.

Employee means any person over 18 years of age, who renders any service in connection with the operation of a spa/massage and bodywork therapy business and who receives compensation from the owner, operator or patrons of the business. For the purpose of this article, the term "employee" includes the terms "spa/massage and bodywork therapist" and "independent contractors."

Good moral character means a person who has not been convicted of a sex-related crime, or convicted of an attempt to commit such offense, or convicted in any state of any offense which if committed or attempted in this state, would have been punished as a sex related crime, in the past ten years.

Home office means any residence which a person may use as a base of operation to include making appointments, receiving phone calls, mail, or engaging in management activity related to a business. This however, would not permit the practice of the business at the home office, any signs, or any visible evidence from the exterior that any type business activity is being conducted at the location.

Spa/massage and bodywork means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, range of motion stretches, soft tissue manipulation or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, hot packs or cold packs with or without such supplementary aids as rubbing alcohol, water, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. This definition shall also include treatment by baths of all kinds, including all forms and methods of hydrotherapy. This definition excludes "physical therapy" as that term is defined in O.C.G.A. § 43-33-3(7).

Spa/massage and bodywork therapist means any individual who, for any consideration whatsoever, engages in the practice of "spa/massage and bodywork or reflexology" as defined herein, whether as an owner, operator or employee of a spa/massage and bodywork therapy business.

Spa/massage and bodywork therapy business means any business or location operated by any person, firm, association or corporation, who engages in, carries on, or permits to be engaged in or carried on, any of the activities defined under spa/massage and bodywork therapy or reflexology herein. Spa/massage and bodywork therapy or reflexology businesses shall not include any occupations, businesses or professions exempted by section 22-116 of this article.

Spa/massage parlor means any building, structure, or place used for the purpose of lewdness, assignation, prostitution, or masturbation for hire.

Minor means any person who has not attained the age of 18 years.

Operator means the manager or other natural person principally in charge of a spa/massage and bodywork therapy business.

Owner or owners shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and persons holding ten percent or more of the outstanding shares if a corporation.

Patron means any person over 18 years of age, or a minor with verified written consent of at least one parent or guardian, or who is accompanied by at least one parent or guardian, who receives a spa/massage and bodywork or reflexology therapy under such circumstances that it is reasonably expected that he or she will give money or any other consideration thereof.

Recognized school means a state-licensed school or institution of learning which has for its purpose the teaching of the theory, method, profession, and work of massage and bodywork, including but not limited to: physiology, anatomy, hygiene, applied kinesiology, AIDS awareness, ethics, and statutes and rules of massage and bodywork therapy, and which school requires a resident course of study of not less than 500 hours before the student shall be furnished with a diploma or certificate of graduation from such school following the successful completion of such course of study or learning. Or a state licensed school or institution of learning which has for it's purpose the teaching of the theory, method, profession, and work of reflexology, and which school requires a resident course of study of not less than 200 hours before the student shall be furnished with a diploma or certificate of graduation from such school following the successful completion of such course of study or learning.

Reflexology means the application of specific pressure by the use of the therapist's hands, thumbs, and fingers to reflex points limited solely to the patron's hands, feet, and ears and which practice does not involve or require the patron to undress beyond the removal of the shoes and socks and does not require the aid of any mechanical or electrical apparatus or appliance, hot packs or cold packs with or without such supplementary aids as rubbing alcohol, water, liniments, oils, powder, creams, lotions, ointments or other similar preparations but may include the application of antiseptics to the patron's feet.

Specific anatomical region(s) means and includes the genitals, anus, perineum, and female breast.

(Ord. No. 2004-16, § 1(Exh. A), 7-13-2004)