§ 286.100. Unlawful acts.

It shall be unlawful for:

(1)

Any person to engage in, conduct or carry on a massage and bodywork establishment without a valid license issued pursuant to this chapter.

(2)

Any person in a massage and bodywork establishment to place his or her hands upon, or to touch with any part of his or her body, or to fondle in any manner, the genital area of any other person, or breasts of any female person, whether or not the area is clothed.

(3)

Any person in a massage and bodywork establishment to expose her female breasts, his or her genital area or any portion thereof to any other person, or to expose the genital area or any portion thereof of any other person.

(4)

Any person, while in the presence of any other person in a massage and bodywork establishment, to fail to conceal with a fully opaque covering the genital area of his or her body or her female breasts.

(5)

Any person to employ or suffer to be employed any person under the age of eighteen (18) years of age to work in any massage and bodywork establishment as an employee, agent or independent contractor.

(6)

Any person under the age of eighteen (18) to patronize any massage and bodywork establishment unless such person carries, at the time of such patronage, a written order directing the treatment to be given and signed by a regularly licensed physician, health care practitioner or such person's parent or guardian. If consent is given by a parent or guardian, such consent must be signed in the presence of the massage and bodywork establishment operator.

(7)

Any person owning, operating or managing a massage and bodywork establishment knowingly to cause, allow, suffer or permit in or about such massage and bodywork establishment any agent, employee, independent contractor or any other person under his or her control or supervision to perform or allow such acts prohibited in subsections (2) through (6) of this section. Additionally, any person owning, operating or managing a massage and bodywork establishment shall comply with all business license management responsibilities pursuant to section 259.250 of this Code, including, but not limited to, subsection (3) of section 259.250 which provides that such a person or licensee is directly and vicariously responsible for any violations on the premises by any employees, independent contractors, other persons hired by the licensee, or otherwise under the supervision or management of the licensee. (2013-Or-228, § 1, 12-6-13)