1. Applicant means a person who applies for a manager permit or a massage establishment license.

2. Controlling person means any individual who has a twenty percent or greater interest in the ownership or the earnings of the business.

3. Designated agent means the individual designated by the applicant to receive City notices pursuant to this Article.

4. Employ means to hire, or to engage or authorize the services of, without regard to compensation, any individual, on a full-time, part-time, or contract basis, whether or not the person employed, hired or engaged is denominated an employee, independent contractor, trainee, student or otherwise.

5. Knowingly means, with respect to conduct or a circumstance described in this Article, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

6. Licensee means the person who applied for a massage establishment license and in whose name a license has been issued by the City Clerk pursuant to this Article.

7. Manager means an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this Article.

8. Massage or touching techniques means any of the following named subjects and methods of treatment intended for use upon or in connection with the human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, table or cabinet baths; colon irrigation; herbal wraps; and touching procedures upon the external parts of the body by use of the hands, forearms, elbows, knees or feet, or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement.

9. Massage establishment means any place of business or establishment wherein any of the subjects or methods of treatment listed in paragraphs 8 or 12 are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed in paragraphs 8 or 12.

10. Massage practitioner means a person who practices or administers any of the subjects or methods or treatment listed in paragraphs 8 or 12 for a fee, income or compensation of any kind within the City of Phoenix.

11. Massage therapist means a person who is licensed pursuant to Chapter 42 of Title 32 of the Arizona Revised Statutes to engage in the practice of massage therapy.

12. Massage therapy means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits:

13. Permittee means the person in whose name a permit has been issued by the City Clerk pursuant to this Article.

14. Practice of massage therapy means the application of massage therapy to any person for a fee or other consideration. Practice of massage therapy does not include the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law.

15. Private anatomical areas means the genitals, perineum, and anal region of any person and the area of the breast that includes the areola and the nipple of any female person. (Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 1; Ord. No. G-4525, § 1, 2003; Ord. No. G-4752, § 1, 2005)