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T <br />40 <br />N <br />§ 4.12.020 ORONO CODE <br />ascribed to them in this section, except where Sec. 4.12.120. License applications. <br />the context clearly indicates a different meaning: <br />All applications shall be made as follows: <br />Massage means the systematic and scientific <br />manipulation of the soft tissues of the human <br />body of another by rubbing, pressing, stroking, <br />kneading, tapping, pounding, vibrating, or <br />stimulating with the hands, arms, or feet, or by <br />mechanical devices and tools which mimic or <br />enhance manual actions, for hire or for <br />consideration, with the intention of positively <br />affecting the health and well-being of the client, <br />including the application of heat, cold, water, <br />mild abrasives, heliotherapy, topical prepara- <br />tions not classified as prescription drugs and <br />instruction in self -care and stress management. <br />The term "massage" does not include such activi- <br />ties performed exclusively on a person's hands <br />and/or feet in conjunction with a manicure or <br />pedicure. The practice is distinct from the practice <br />of medicine, surgery, osteopathy, chiropractic, <br />physical therapy, or podiatry. Persons duly licensed <br />by the state to practice medicine, surgery, <br />osteopathy, chiropractic, physical therapy, or <br />podiatry, nurses or persons performing therapeutic <br />massages who work solely under the direction of <br />such persons, athletic directors and trainers, <br />certified by an accrediting agency and employed <br />by an accredited and licensed educational institu- <br />tion shall be exempt from the provisions of this <br />chapter. <br />(Code 2003, § 31-2; Ord. No. 71(3rd series), § 1, <br />6-28-2010; Ord. No. 87(3rd series), § 1, 4-11- <br />2011) <br />ARTICLE II. LICENSES <br />Sec. 4.12.110. General rule; number of <br />licenses. <br />No person shall engage in the business of <br />operating a massage therapy center business <br />either exclusively or in connection with any <br />other business without being licensed as provided <br />in this section. Each individual massage therapy <br />center must have a license notwithstanding the <br />fact a license has been granted to another <br />establishment owned by the same individual or <br />entity. <br />(Code 2003, § 31-11; Ord. No. 71(3rd series), § 1, <br />6-28-2010) <br />(1) All applications shall be made at the <br />office of the city clerk upon forms that <br />have been furnished by the city for such <br />purposes. <br />(2) All initial applications shall be <br />accompanied by an investigation fee as <br />set by ordinance of the city council. <br />(3) All such applications must be subscribed, <br />sworn to, and include, but are not limited <br />to, the following: <br />a. The applicant's name and age. <br />b. The applicant's present address and <br />length of time he or she has lived at <br />that address. <br />C. The applicant's occupation and <br />length of time so engaged. <br />d. The applicant's addresses and <br />occupations for the three years last <br />preceding the date of application. <br />e. Names and addresses of the <br />applicant's employers, if any, for the <br />three years last preceding the date <br />of application. <br />f. Whether or not the applicant has <br />ever been convicted of a felony, gross <br />misdemeanor, or misdemeanor, <br />including violation of a municipal <br />ordinance but excluding traffic viola- <br />tions and, if so, the date and place of <br />conviction and the nature of the <br />offense. <br />g. Location of premises for which the <br />massage therapy center license is <br />made. <br />h. At least four character references if <br />the applicant has not resided in the <br />city for two years last preceding the <br />date of application. <br />i. The name, date of birth, and address <br />of all employees or independent <br />contractors performing massage at <br />the applicant's massage therapy <br />center. <br />CD4:20 <br />