1. (a) As used in this chapter, "health club" means an establishment at which:

   1. (1) an individual, a corporation, a limited liability company, a partnership, an association, a firm, an educational institution, or any other business enterprise offers:

      1. (A) instruction, training, or assistance in physical fitness that is focused primarily on cardiovascular exertion; or

      2. (B) facilities for the:

         1. (i) preservation;
         2. (ii) maintenance;
         3. (iii) encouragement; or

         4. (iv) development;

            of physical fitness or well-being; and

   2. (2) at least:

      1. (A) fifty (50) persons have:

         1. (i) purchased; or

         2. (ii) paid a fee for;

            the right to use the physical fitness facilities; or

      2. (B) thirty (30) pieces of motorized physical fitness equipment are provided for use by individuals.

2. (b) The term includes the following:

   1. (1) Health spas and studios.
   2. (2) Sports centers.
   3. (3) Weight control studios.
   4. (4) Gymnasiums and workout centers in schools, colleges, and universities.

3. (c) The term does not include a workout center in:

   1. (1) a hospital licensed under IC 16-21 or a health facility licensed under IC 16-28 ;
   2. (2) a hotel or motel, unless the workout center allows membership by individuals who are not guests of the hotel or motel; or
   3. (3) an apartment, a condominium, or a town home complex.

As added by P.L.129-2007, SEC.2.