§ 28.1-1-3. Definitions.

The following words and phrases, when used in this Chapter shall, for the purpose of this Chapter, have the meanings set forth below except in those instances where the context clearly indicates a different meaning:

Client means any person receiving a massage from a massage therapist who has been compensated for administering the massage.

Consumer Protection Commission means the Consumer Protection Commission established in Chapter 10 of the Fairfax County Code.

Director means the Director of the Department of Telecommunications and Consumer Services unless otherwise stated.

Disqualifying offenses means offenses which disqualify an applicant from obtaining a permit pursuant to this Chapter or, if the offender already holds a permit, which mandate revocation of the permit. Disqualifying offenses are:

(1)

Conviction, plea of nolo contendere or a forfeiture on a charge of violating any provision of §§ 18.2-346, 18.2-347 through 18.2-349, 18.2-355 through 18.2-358, 18.2-361, 18.2-368, 18.2-370, 18.2-370.1, 18.2-371, 18.2-386.1 or 18.2-387 of the Code of Virginia, which laws relate to sexual offenses, or any provision of an ordinance of the County or a law or ordinance of another jurisdiction which prohibits the same conduct, within the past ten (10) years.

(2)

Conviction, plea of nolo contendere or a forfeiture on a charge of violating any provision of this Chapter, or on a charge of violating a similar law in any other jurisdiction, within the past five (5) years.

(3)

Making a false statement on a permit application.

Erogenous areas means the genitals and the nipples and areolae.

Massage means the treatment, for compensation, of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body, unless the massage is excluded from regulation by § 28.1-1-4.

Massage establishment means any fixed place of business where a massage is administered to a client, unless the place is excluded from regulation by § 28.1-1-4.

Massage therapist means any individual certified as a massage therapist by the Board of Nursing of the Commonwealth of Virginia.

Out-call massage means any massage administered for compensation at a location other than at a massage establishment. (09-00-28.1)