For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADULT-ORIENTED MERCHANDISE. Any sexually-oriented implements, paraphernalia, or novelty items, such as, but not limited to, condoms, dildos, sexually-oriented vibrators, sexually-oriented lubricants, which are designed or marketed primarily for the stimulation of human genital organs.
CHIEF OF POLICE. The Chief of Police of the City of Baldwin Park or his or her designee.
CITY. The City of Baldwin Park.
CITY COUNCIL. The City Council of the City of Baldwin Park.
CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the City of Baldwin Park.
CONVICTION or CONVICTED. A guilty plea, guilty verdict, or a conviction following a plea of nolo contendere.
CUSTOMER AREA. Areas open to customers of the establishment or the general public.
EMPLOYEE. Any and all persons, other than a massage practitioner, operator or manager, who renders any service, with or without compensation, for the owner, operator, manager or agent of either an owner, operator or manager of a massage establishment who and who has no physical contact with customers or clients. For purposes of this chapter the term EMPLOYEE shall include independent contractors.
HEALTH DEPARTMENT. The Health Department of the County of Los Angeles.
LOBBY. One room or designated area, adjacent to the public entry, which is used for an entry and/or waiting room for customers or other persons authorized to enter the premises.
MANAGER. The person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner. A MANAGER shall provide all of the information required for and meet the standards and qualifications set forth in §§ 118.04 and 118.05 to qualify as a manager.
MASSAGE. Any method of treating the external parts of the human body for remedial, health, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder,
cream, ointment or other similar preparations commonly used in this type of business or trade.
MASSAGE ESTABLISHMENT. Any enterprise or establishment having a fixed place of business conducted within the City of Baldwin Park, where any person, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath or health treatment involving massages or baths including, but not limited to, fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
MASSAGE ROOM. A cubicle, booth, room or enclosed or semi-enclosed area within a massage establishment where massage services are performed on patrons.
MASSAGE PRACTITIONER. Any person who administers to another person a massage as defined herein, within a massage establishment for any form of consideration or in exchange for anything of value whatsoever. The terms "massage therapist," "massage technician," "massage trainee", "masseur" or "masseuse" are included within this definition for purposes of this chapter.
OPERATOR. All persons who have an ownership interest in the massage establishment. A operator may also be a manager or an owner. A proposed operator shall provide all of the information required for and meet all of the standards and qualifications set forth in §§ 118.04 and 118.05 to qualify as an operator.
OPERATOR'S PERMIT. The permit issued pursuant to the provisions of this chapter required to operate and/or manage a massage establishment.
OUT-CALL MASSAGE. A massage performed or administered for money or other consideration by a licensed massage practitioner at a location other than a licensed massage establishment.
OWNER. The individual(s) whose name appears on the city business license and includes any and all persons who have any ownership interest in a massage establishment. An OWNER may also be a operator or manager.
PERSON. Any natural person, individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.
POLICE DEPARTMENT. The Police Department of the City of Baldwin Park.
QUALIFIED MASSAGE ASSOCIATION. Any association which meets all of the following criteria:
(1) Has established, as a minimum education requirement for membership, the completion of at least 500 hours of training from a recognized school of massage, and has a written and practical testing of equivalency administered and overseen by its admissions committee or by a national certified program endorsed by the National Commission for Certifying Agencies (NCCA), which will be considered in lieu of the minimum education requirement of 500 hours;
(2) Offers and/or requires participation and completion by members of a minimum of eight hours of specified continuing education per year as a condition of continuing membership;
(3) Is open to members of the general public, meeting the requirements for membership on a national basis;
(4) Has minimum educational requirements or equivalents, including at least 500 classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing by the association;
(5) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of such rules.
RECOGNIZED SCHOOL OF MASSAGE. Any school or institution of learning which teaches, through state-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code, including but not limited to §§ 94900 or 94905, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring personal attendance shall not be deemed a RECOGNIZED SCHOOL.
(Ord. 1233, passed 5-4-04)