§ 9.44.020  DEFINITIONS.
   As used in this chapter:
   ALHAMBRA MASSAGE ESTABLISHMENT REGISTRY or REGISTRY. A registry certificate issued by the city to a massage establishment to practice massage for compensation pursuant to this title and this chapter.
   ALHAMBRA MASSAGE ESTABLISHMENT REGISTRY HOLDER or REGISTRY HOLDER. The applicant named on the application for an Alhambra massage establishment registry and all massage establishment owners.
   ANCILLARY MASSAGE SERVICES. Those services provided in conjunction with a beauty/health spa, gym, medical office or clinic pursuant to § 9.44.030(A).
   APPLICANT. In the case of an establishment, an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person responsible for the ownership and operation of the massage establishment, who applies to obtain a permit under this chapter.
   CALIFORNIA MASSAGE THERAPY COUNCIL or CAMTC. The massage therapy organization formed pursuant to Cal. Bus. and Prof. Code §§ 4600 et seq.
   CERTIFIED MASSAGE PRACTITIONER. Any individual certified by the California Massage Therapy Council (CAMTC) as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to Cal. Bus. and Prof. Code §§ 4600 et seq.
   CITY. The City of Alhambra, California.
   CITY MANAGER. The City Manager of the City of Alhambra or designee.
   CITY PERSONNEL. Any city employee, representative, agent, contractor, or service provider designated by the City Manager to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this chapter.
   CLIENT. The customer or patron who pays for or receives massage services.
   COMMUNITY DEVELOPMENT DIRECTOR or DIRECTOR. The Community Development Director of the City of Alhambra or the City Manager’s designee.
   COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
   DAY. Calendar day, unless otherwise specifically expressed.
   DISQUALIFYING CONDUCT. Any of the following:
      (1)   Within ten years immediately preceding the date the Alhambra massage establishment registry application was filed, or any time thereafter, the person has been convicted in a court of competent jurisdiction of the commission of or any attempt to commit, directly or indirectly, or assisting in or abetting the commission of, or conspiring to commit:
         (a)   A violation of any provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290;
         (b)   Any violation of Cal. Penal Code §§ 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 314, 315, 316, 318, 653.22, 653.23 or subsections (a), (b) or (d) of § 647;
         (c)   Any other crime involving dishonesty, fraud, deceit, or moral turpitude;
         (d)   A violation of Cal. Penal Code §§ 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the crimes previously listed in divisions (1) through (3) above;
         (e)   Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage;
         (f)   A violation of Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058; or
         (g)   Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.
      (2)   Within ten years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant whose Alhambra massage establishment registry, CAMTC certification, or trainee Alhambra massage establishment registry or permit, which was issued by the State of California or any county or city has been suspended or revoked for good cause;
      (3)   Committing or maintaining a nuisance pursuant to Cal. Penal Code §§ 11225 through 11235, and/or Cal. Health and Safety Code §§ 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or
      (4)   Committing a violation of any provision of this chapter provided that the applicant received timely notice of the violation.
   EMPLOYEE. Includes any owner, partner, operator, manager, supervisor or worker, (whether part-time, full-time, temporary, permanent, volunteer, trainee or independent contractor) whether paid or not, who renders personal services of any nature in the operation of a massage establishment.
   HEARING OFFICER. The administrative hearing officer appointed by the City Manager to conduct an administrative hearing pursuant to this chapter.
   MANAGER. The person(s) designated by the massage establishment owner to act as the representative and agent of the owner in managing day-to-day operations with corresponding responsibilities. The term MANAGER may also include an owner.
   MASSAGE THERAPY. The application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration whatsoever. Specifically excluded are spiritual healing, detoxification, hypnosis, colonic irrigation, yoga, vacuum cupping, exercise, or procedures which penetrate body cavities by any method.
   MASSAGE ESTABLISHMENT or ESTABLISHMENT. Any establishment with a fixed place of business where any person, association, firm, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any massage therapy or a combination of massage therapy and bath facilities, including but not limited to, showers, baths, wet and dry heat rooms, plunges, saunas, pools and hot tubs. Any public bathing place where there is a communal bathing or communal use of bath facilities at a fixed location where massage therapy is also performed is a MASSAGE ESTABLISHMENT.
   MASSAGE ESTABLISHMENT OWNER or OWNER. Any of the following persons:
      (1)   Any person who is a general partner of a general or limited partnership that owns a massage establishment.
      (2)   Any person who has a 5% or greater ownership interest in a corporation that owns a massage establishment.
      (3)   Any person who is a member of a limited liability company that owns a massage establishment.
      (4)   Any person who has a 5% or greater ownership interest in any other type of business association that owns a massage establishment.
   MASSAGE PRACTITIONER or PRACTITIONER. Any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).
   MASSAGE THERAPIST. Any person, male or female who provides massage therapy services to another person for any form of compensation or consideration. For purposes of this definition, MASSAGE THERAPIST, MASSAGE TECHNICIAN, and MASSEUSE shall have the same meaning.
   OUT-CALL MASSAGE THERAPY. A massage therapy performed or administered for compensation by a licensed massage practitioner at a location other than a licensed massage establishment.
   PERSON. Any individual, co-partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character.
   RECEPTION AREA. An area immediately inside the front door of the massage establishment dedicated to the reception and waiting of clients of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
   RENT-SPACE MASSAGE THERAPIST or RENT-SPACE THERAPIST. A person who practices massage at a massage establishment but is not an employee of the establishment.
   SEXUAL OR GENITAL PART. Includes the genitals, pubic area, anus, perineum of any person and the breasts of any female.
   SOLE PROPRIETORSHIP. Includes any legal form of business organization where the establishment owner (sometimes referred to as the “sole proprietor”) is the only person employed by that establishment to provide massage services.
   VISITOR. Any person who enters a massage establishment and who is neither a client, owner, manager, nor employee of the establishment.
(‘86 Code, § 9.44.030) (Ord. 3517, passed - - ; Am. Ord. 4576, passed 6-13-11; Am. Ord. 4687, passed 5-9-16; Am. Ord. 4735, passed 5-14-18)