A. The following words and phrases when used in this Chapter shall, for the purposes of this Chapter, have the meanings ascribed to them in this Section:
1. “Certified Copy” means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.
2. “Certified Statement” means a written assertion, claim or declaration bearing the original signature of the issuer.
3. “City” means the City of Adelanto.
4. “City Manager” means the City Manager of the City of Adelanto.
5. “Client” means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.
6. “Communicable Disease” means tuberculosis, or any disease which may be transmitted from a massage therapist to a client through normal physical contact during the performance of any massage service as permitted under this Chapter.
7. “Complete Application” means an application which provides all of the requisite information required to be provided by an applicant pursuant to this Chapter and is accompanied by the requisite application deposit fees.
8. “Director” means the Director of the Department of Community Development.
9. “Employee” means a person who works for any permittee, regardless of whether or not said person is paid a salary, wage or other compensation by the permittee.
10. “Establishment” means any of the following: (1) the opening or commencement of a massage therapy related business as a new business or as an accessory use to an existing business, (2) the conversion of an existing business, whether or not it is a massage therapy business, to any other type of massage therapy business as defined in this Chapter, (3) the relocation of any massage therapy business to any other location, or (4) the substantial enlargement of an existing massage therapy business.
11. “Filing Date of Application” means the date on which the City determines that a complete application has been submitted to the City by the applicant.
12. “Full Nudity” or “Semi-nudity” means any of the following: (1) the appearance or display of an anus, male or female genital, public region, or a female breast below a point immediately above the top of the areola, and/or (2) a state of undress which less than completely and opaquely covers an anus, male or female genital, public region or a female breast below a point immediately above the top of the areola.
13. “Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body, excluding any specified anatomical area other than the gluteal region, with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
14. “Massage Therapy Establishment” or “Massage Establishment” means any commercial establishment with one or more employees having a source of income or compensation derived from the practice of massage and which has a fixed place of business and a valid City business license.
15. “Massage Therapist” means an individual who has obtained a permit as required by this Chapter to engage in the practice of massage for compensation, whether in a massage establishment as an employee or independent contractor or on an outcall massage therapy basis.
16. “On-site Manager” means the person who supervises, directs or manages the employees including, but not limited to, all massage therapists performing massage therapy services at a massage therapy establishment.
17. “Operator” means any of the following: (1) the owner, (2) the permit holder, (3) custodian, (4) manager, or (5) person in charge of any massage therapy establishment.
18. “Outcall Massage Therapist” means any individual who engages in or performs massages for consideration at a remote and not at a fixed location.
19. “Permit” means a massage therapy permit as required by this Chapter that is a written license to engage in the practice of massage for compensation, whether as a massage therapy establishment, an outcall massage therapist or a personal massage therapist authorized to perform massage therapy as an employee or independent contractor at a massage therapy establishment.
20. “Permittee” means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this Chapter whether for the operation of a massage therapy establishment or an outcall massage therapy service or as a personal massage therapist.
21. “Person” means any of the following: (1) an individual, (2) a proprietorship, (3) a partnership, (4) a corporation, (5) an association, or (6) any other legal entity.
22. “Personal Massage Therapist” means any person who is permitted under this Chapter to perform massage activities as an employee of a massage therapy establishment or an independent contractor at a massage therapy establishment.
23. “Police Chief” means the Chief of Police of the City of Adelanto.
24. “Reception Area” means the area of a massage therapy establishment where clients or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions.
25. “Recognized School of Massage” means any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics, practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.
26. “Specified Anatomical Area” means human genitals, public region, anus, or a female breast below a point immediately above the top of the areola.
27. “Specified Sexual Activities” means any of the following: (1) the fondling or other erotic touching of human genitals, public region, anus, or female breasts, (2) sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy, or (3) excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
28. “Stand-alone Massage Therapy Establishment” means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.
29. “Transfer of Ownership or Control of a Massage Therapy Establishment” means any of the following, whether voluntary or involuntary: (1) the sale, lease or sublease of the business, (2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means, or (3) the establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
B. Where terms are not specifically defined in this Chapter, in this Code, in any applicable statute, rule, code or regulation, or in any of the uniform codes adopted and incorporated by reference by this Code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster’s Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted City policy or regulation described in this Chapter.
C. Words used in the singular include the plural and the plural the singular.
D. Words used in the masculine gender include the feminine and the feminine the masculine.
[Ord. 462, Section 3, 5/9/07.]