For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACUPUNCTURE. The stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electro acupuncture, cupping, and moxibustion.
APPLICANT. In the case of a MASSAGE ESTABLISHMENT registration, means an individual, or if not an individual, the general partner, chief executive officers, chief advisor, or other PERSON responsible for the ownership and operation of the MASSAGE ESTABLISHMENT, who applies to obtain a REGISTRATION under this chapter.
CALIFORNIA MASSAGE THERAPY COUNCIL (CAMTC). The massage therapy organization formed pursuant to Cal. Business and Professions Code § 4600.5.
CERTIFIED MASSAGE PRACTITIONER. Any individual certified by the CAMTC as a certified massage therapist or as a CERTIFIED MASSAGE PRACTITIONER pursuant to Cal. Business and Professions Code § 4600 et seq.
CLIENT. The customer or patron who pays for or receives MASSAGE services.
COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
EMPLOYEE. Any owner, partner, operator, manager, supervisor, or worker, whether paid or not, employed by a massage business, who may render any service to the business, and who receives any form of compensation from the business.
HEALTH OFFICER. The person appointed by the city pursuant to the California Health and Safety Code, or his or her authorized representatives or designees.
MASSAGE or MASSAGE THERAPY. Any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of COMPENSATION, by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
MASSAGE ESTABLISHMENT. Any business that offers MASSAGE THERAPY in exchange for COMPENSATION, whether at a fixed place of business or at a location designated by the customer or CLIENT through OUTCALL MASSAGE services. Any business that offers any combination of MASSAGE THERAPY and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools, and hot tubs, shall be deemed a massage business under this chapter.
OPERATOR. Any and all owners of a massage business.
OUTCALL MASSAGE. The engaging in or carrying on of MASSAGE THERAPY for COMPENSATION in a location other than the business operation’s address set forth in the massage business's REGISTRATION.
OWNER. Any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that owns a massage business;
(2) Any person who has five percent (5%) or greater ownership interest in a corporation that owns a massage business;
(3) Any person who is a member of a limited liability company that owns a massage business; or
(4) Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business.
PERSON. Any individual, firm, association, partnership, co-partnership, joint stock company, corporation, joint venture, limited liability company, or combination of individuals of whatever form or character.
POLICE DEPARTMENT. The unit or PERSON(s) designated by the Police Chief to administer this chapter.
RECEPTION AREA or WAITING AREA. An area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a MASSAGE THERAPY room or otherwise used for the provision of MASSAGE THERAPY services.
REGISTRANT. Any PERSON possessing a REGISTRATION required and issued under this chapter.
REGISTRATION. The REGISTRATION to engage in the practice or business of MASSAGE THERAPY as required by this chapter.
SCHOOL OF MASSAGE. Any school or institution of learning that is recognized as an approved school pursuant to Cal. Business and Professions Code, Division 2, Chapter 10.5, as currently drafted or as may be amended.
SOLE PROPRIETORSHIP. Any legal form of business organization where the business OWNER (sometimes referred to as the "sole proprietor") is the only PERSON employed by that business to provide MASSAGE services.
SOLICIT. To request, ask, demand, or otherwise arrange for the provision of services.
(Ord. 2152-C-S, passed 9-11-18)