Oklahoma Administrative Code
Title 160 - Department of Consumer Credit
Chapter 50 - Health Spas
Subchapter 1 - General Provisions
Section 160:50-1-2 - Definitions
Except as otherwise specifically defined in this section, the definitions set forth in the Act are incorporated herein and made a part hereof. The following words or terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Act" means the Oklahoma Health Spa Act beginning at § 2000 of Title 59 of the Oklahoma Statutes.
"APA" means the Administrative Procedures Act beginning at § 250 of Title 75 of the Oklahoma Statutes.
"Code" means the Uniform Consumer Credit Code beginning at $1-101 of Title 14A of the Oklahoma Statutes.
"Days" mean calendar days. In computing any period of time for communications between a licensee and the Department or a court, the day of the event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a day that the health spa, the Department or the office of the court clerk is closed.
"Department" means the Oklahoma State Department of Consumer Credit.
"Licensee" means a health spa that has been given authority by the Administrator to engage in health spa services within Oklahoma. The terms licensee and registrant may, if the context permits, be used interchangeably.
"Non-profit organization" means a facility granted such status by Oklahoma, any other state, territory or commonwealth of the United States, or by the United States of America.
"Offer" means, in addition to any other legal definitions of the word, any method or means by which an owner of a health spa communicates to the public services offered by the health spa. "Offer" shall not be limited by the number of recipients of such communications nor depend on the means, whether through the media, in person, or otherwise, by which the communication is made. This term shall not be modified or limited by contractual agreement between any owner of a health spa facility and any member.
"Owner" means any individual, company, partnership, association, or other legal entity which has any ownership interest in a health spa or which operates any health spa.
"Private club" means any health spa facility cooperatively, jointly, or otherwise owned in total and used exclusively by all persons who have the right or authority to use said health spa facility. Ownership shall be vested in members, who shall have, jointly or in common, authority over legitimate indicia of ownership, to include, but not be limited to, to run all operations of said health spa facility, to effect changes to property of the health spa, or to terminate its status as a health spa.
"Registrant" means a health spa that has been given authority by the Administrator to engage in health spa services within Oklahoma. The terms registrant and licensee may, if the context permits, be used interchangeably.
"Sell" means, in addition to any other legal definitions of the word, any undertaking to make any natural person obligated to pay or convey to the owner of a health spa, or any assignee, agent, or servant thereof, anything of value in exchange or return for the authority or right to use health spa facilities. This term shall not be modified or limited by contractual agreement or otherwise between any owner of a health spa facility and any buyer.
"Substantial Completion" means sufficient completion of construction of the stated facilities of a health spa so as to allow an average member of the health spa, or buyer in a presale arrangement, to receive the benefit of the contract or agreement in accordance with the contract or agreement.
Added at 8 Ok Reg 3531, eff 8-28-91 (emergency); Added at 9 Ok Reg 2289, eff 6-25-92; Amended at 16 Ok Reg 2160, eff 6-25-99
