For the purposes of this Article, the following definitions apply:
(a) “California Massage Therapy Council” or “CAMTC” means the California Massage Therapy Council established under Business and Professions Code section 4500.5(a).
(b) “Certified massage therapist” or “therapist” means a person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation. A certified massage therapist who is an independent contractor is one who works at a massage establishment or has an outcall massage service, is not a salaried employee, and does not share a percentage of therapy proceeds with the establishment. (Included within this definition through December 31, 2016 is a “certified massage practitioner,” a person who is currently certified as a massage practitioner by the CAMTC.)
(c) “Chief” means the City’s Chief of Police or his/her designee.
(d) “Director” means the Director of Health & Environmental Control or the Director of Public Works or each Director’s respective designee. The Director’s designees may include the City’s Code Enforcement officers.
(e) “Massage” means the application of various techniques to the muscular structure and soft tissues of the human body for remedial, hygienic, relaxation or any other reason or purpose. Massage techniques may include, but are not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure and similar techniques, with the hands or with the aid of any apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in the practice. Examples of massage include deep tissue massage, Swedish massage, Thai massage, sports massage, shiatsu, polarity therapy, rolfing, reiking, hellerwork and reflexology.
(f) “Massage business” or “business” means a massage establishment or outcall massage service.
(g) “Massage establishment” or “establishment” means a fixed location where (only) state-certified therapists practice massage for compensation.
(h) “Outcall massage service” or “service” means a business that provides massage by certified massage therapists at a location that is mutually agreed upon by the client and the therapist and that is not a massage establishment.
(i) “Operator” means all persons who have an ownership interest in the massage business and are responsible for its day-to-day operations.
(j) “Owner” means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage business.
(2) Any general partner of a general or limited partnership that owns a massage business.
(3) Any person who has a 10% or greater ownership interest in a corporation that owns a massage business.
(4) Any person who is a member of a limited liability company that owns a massage business.
(5) All owners of any other type of business association that owns a massage business.
(k) “Person” means any individual, or corporation, partnership, association or other group or combination of same acting as an entity.
(l) “Specified anatomical areas” means pubic region, human genitals, perineum, anal region and the area of the female breast that includes the areola and nipple.
(Ord. No. 1234, § 3; Ord. No. 1240, § 2.)
