(a) “California Massage Therapy Council” means the California Massage Therapy Council (“CMTC”) is the organization responsible for facilitating and implementing Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code, affecting massage therapists in California.
(b) “CMTC Certificate” means the certificate issued by the California Massage Therapy Council to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the
California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.
(c) “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(d) “Employed or retained by” shall include:
(1) Any person who is a directly paid employee of a massage business or establishment;
(2) Any person whose association with a massage business or establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage business or establishment; and
(3) Any person who receives a referral of patrons from a massage business or establishment and who at any time before or after the referral arranges in any way for compensation to flow to the massage business or establishment or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or such parties record such compensation in their financial records).
(e) “Massage, massage therapy, bodywork” are used in this Chapter interchangeably and shall mean 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 or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance. The terms “massage,” “massage therapy,” and “bodywork,” specifically exclude the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry, or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, Vichy showers and spiritual healing.
(f) “Massage business or establishment” means any sole proprietorship, business or establishment which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Any business or establishment which 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 or establishment under this Chapter. For purposes of this Chapter, “massage business or establishment” includes “acupressure” or “day spa” establishments.
(g) “Massage therapist” means any person to whom a CMTC Certificate has been issued pursuant to subdivisions (b) or (c) of Section 4601 or subdivisions (a) or (c) of Section 4604 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this Chapter, the terms “bodyworker,” “bodywork therapist,” or “massage and bodywork therapist,” or “massage practitioner” shall have the same meaning as “massage therapist.”
(h) “Person” means any individual, proprietorship, partnership, corporation, firm, association, joint stock company, or combination of the above in whatever form or character.
(i) “Recognized school of massage” means a facility that teaches the theory, ethics, practice, profession and work of massage therapy and that is approved by the California Massage Therapy Council (“CMTC”). The term “recognized school of massage” shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class. The City shall have the right to confirm that all sole practitioners and massage therapists and practitioners employed by a massage business or establishment actually attended class at a recognized school of massage.
(Ord. 127, passed 2-3-2009)