2022-098 Ordinance - Laserfiche WebLink

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(1) Applicable regulations issued by the Slate of Ohio. specifically a current and valid license issued by the State Medical Hoard of Ohio to practice .massage therapy' pursuant to and in accordance with K.C. § 4731.15.and Cuyahoga County Hoard of Health: (2) Applicable provisions of R.C. §§ 4713.08, 4731.15, and 4734.10, as well as Ohio Administrative Code including but not limited to 4731-1-03; (3) The Codified Ordinances of City of -North Olmsted: (4) 'treatments provided in the massage establishment are provided only by licensed massage therapists. 749.07 PROHIBITIONS. (a) No person who owns, operates, manages, or supervises the operation of a massage establishment shall allow any employee or any therapist to appear in a public place at any time, particularly while providing massage therapy, in any state of undress, nudity or semi -nudity, to wear transparent clothing, or clothing that otherwise reveals a specified anatomical arca: (b) No person who owns, operates, manages. or supervises the operation of a massage establishment shall do any of the following: (1) Advertise or offer massage treatments or a related service unless they have been issued a registration certificate and are licensed to provide such massage treatments; (2) Place, publish, distribute. or cause to be placed. puhlished or distributed any advertising material that is obscene in nature Miller r. ('aliJbrnia, 413 U.S. 15, 24 25 (1973); ,Smiih v. ( niled Swies, 431 U.S. 291.300-02. 309 (1977): and Pope v. lllinois, 481 U.S. 497. 500-01 (1987) (defining obscenity); (3) Advertise massage treaunent services with the suggestion or promise of a sexual service or activity. (c) Nothing in this chapter shall prohibit a massage therapist from providing a massage treatment to a client who is in a state oh undress or who reveals a specified anatomical area provided that the massage therapist shall not engage in sexual misconduct as defined in Ohio Administrative Code 4731-26-01(H). 749.08 INSPECTIONS. (a) Any person havingjurisdiclion to enforce the provisions of this chapter may enter the public entrance of a massage establishment without notice during all hours of operation for the purpose of verifying that a valid registration certificate is displayed in accordance with this chapter. (b) In accordance with, and subject to, constitutional provisions governing searches. law enforcement entities shall have the authority to enter all massage establishments within the City during all hours of -operation to conduct an inspection, to investigate or to perform the duties imposed upon a law enforcement officer by this chapter. The law enforcement officer shall first present credentials and request consent for entry to conduct an inspection. If entry for inspection is refused, the law enforcement officer must obtain a search warrant in accordance with R.C. § 2933.2 1. (c) Nothing in this Section shall be construed to prohibit law enforcement officers from conducting criminal investigation of suspected criminal activities, including but not