For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The individual seeking a permit pursuant to this chapter.
BATH. Any place offering steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths, fomentations, alcohol rubs or any other types of rubs or giving salt glows or any type of therapy; or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations. Excludes a massage therapy establishment, as defined below, that provides only shower(s).
CERTIFIED COPY. 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.
CERTIFIED STATEMENT. A written assertion, claim, or declaration bearing the original signature of the issuer.
CITY MANAGER. The City Manager or his or her designated representative.
COMMUNICABLE DISEASE. Tuberculosis, or any disease, which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service.
COMPLETE APPLICATION. An application, which provides all of the requisite information required of an applicant pursuant to this chapter.
CONVICTION. A conviction shall mean a guilty plea or verdict, or a plea of nolo contendere upon a criminal charge, excluding minor traffic violations.
DISQUALIFYING CONDUCT. Any of the following when occurring within five years of any application made pursuant to this chapter:
(1) Pimping or pandering as set forth in Cal. Penal Code § 266h or § 266i respectively;
(2) Keeping or residing in a house of ill-fame as set forth in Cal. Penal Code § 315;
(3) Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in Cal. Penal Code § 316;
(4) Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in Cal. Penal Code § 318;
(5) Lewd conduct as set forth in Cal. Penal Code § 647, subdivision (a);
(6) Prostitution activities as set forth in Cal. Penal Code § 647, subdivision (b);
(7) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in Cal. Penal Code §§ 266h, 266i, 315, 316, 318, or 647, subdivisions (a) or (b);
(8) Any felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054,11055,11056,11057, or 11058;
(9) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058;
(10) Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or
(11) Any felony the commission of which occurred on the premises of a massage therapy establishment.
EMPLOYEE. Any person over 18 years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons.
EXPOSES TO PUBLIC VIEW. To expose something or someone to the view of a person outside the building where the commercial business is located.
FILING DATE OF APPLICATION. The date on which the Permit Administrator determines that a complete application pursuant to this chapter has been submitted to the Permit Administrator by the applicant.
MANAGER. The individual who is responsible for the management and/or supervision of a massage therapy establishment.
MASSAGE or MASSAGE THERAPY. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body 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. MASSAGE and MASSAGE THERAPY shall include such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar facilities.
MASSAGE THERAPIST. An individual who, for any consideration whatsoever, performs or offers to perform a massage.
MASSAGE THERAPIST PERMIT. A permit issued to a massage therapist as required by this chapter.
MASSAGE THERAPY ESTABLISHMENT. Any establishment having a fixed place of business for the purpose of deriving income or compensation, in whole or in part, from massage therapy, whether or not massage is performed on the premises.
MASSAGE THERAPY ESTABLISHMENT PERMIT. The permit to operate a massage therapy establishment as required by this chapter.
MINOR. An individual under the age of 18 years.
NUDITY. Means any of the following:
(1) The appearance or display of an anus, male or female genitalia, pubic region, or a female breast below a point immediately above the top of the areola, or
(2) A state of undress, which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.
OPERATOR. Any person who has an ownership and/or management interest in the massage therapy establishment or is responsible for any aspect of its day-to-day operations.
OFF-PREMISES MASSAGE. A massage performed by a permitted massage therapist for compensation at a location that is not permitted by the city to operate as a massage therapy establishment.
OUTCALL MASSAGE SERVICE. Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a "massage therapy establishment" as defined in this section.
ORIGINAL PERMIT. A massage therapist permit issued by the city without regard to whether or not the applicant holds a massage therapist permit issued by another jurisdiction.
PATRON. Any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. Patrons may also be referred to as "clients" or "customers".
PERMIT. The written permission by the city to engage in the practice of massage for compensation or to own and operate a massage therapy establishment, as required by this chapter.
PERMIT ADMINISTRATOR. The designated official responsible for issuing, revoking and otherwise administering any provision of this chapter.
PERMITTEE. The person to whom a permit has been issued pursuant to this chapter.
PERSON. Any individual, firm, association, partnership, corporation, joint venture, combination of individuals, or any other legal entity.
PHYSICIAN'S CERTIFICATE. A certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has been, within 60 days prior to the filing date of the application, examined by said physician and it has been determined that the applicant is free of any communicable disease, as defined in this chapter.
POLICE CHIEF. The Chief of the Police Department of the city, or his or her designated representative.
RECIPROCAL PERMIT. A permit issued by the city based solely on the fact that the applicant holds a valid massage therapist permit issued by another jurisdiction pursuant to this chapter.
RECOGNIZED SCHOOL OF MASSAGE. 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.
SPECIFIED ANATOMICAL AREA. Human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of specified anatomical area(s);
(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 specified anatomical area(s); sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
(Ord. 1453, passed 12-7-05)