For purposes of this chapter:
(a) “California Massage Therapy Council” or “CAMTC” means the California massage therapy council created under Business and Professions Code Section 4602.
(b) “Certificate” means a certificate to perform massage issued by the CAMTC.
(c) “Certificate holder” shall mean a certified massage therapist and/or a certified massage practitioner.
(d) “Certified massage practitioner” or “practitioner” means a person who is currently certified as a massage practitioner by the CAMTC pursuant to Business and Professions Code Section 4604.2. A certified massage practitioner who is an independent contractor is one who works at a massage establishment (or has an outcall massage service), but is not a salaried employee and does not share a percentage of massage therapy proceeds with the owner or operator of a massage establishment.
(e) “Certified massage therapist” or “therapist” means a person who is currently certified as a massage therapist by the CAMTC pursuant to Business and Professions Code Section 4604. A certified massage therapist who is an independent contractor is one who works at a massage establishment (or has an outcall massage service), but is not a salaried employee and does not share a percentage of massage therapy proceeds with the owner or operator of a massage establishment.
(f) “Chief” means the deputy city manager or his designee.
(g) “Department” means the Public Safety Department of the city.
(h) “Hearing Officer” means the city manager or his designee.
(i) “Massage” or “bodywork” means the application of various techniques to the muscular structure and soft tissues of the human body as defined in Business and Professions Code § 4601(e). Massage and bodywork techniques may include, but are not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure and similar techniques. Examples of massage include Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, acupressure, and reflexology. Massage also includes baths, administration of 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” does not include diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a state-issued license to practice (chiropractic, osteopathy, orthopedics, physical therapy, podiatry, or medicine. “Massage” does not include: massage of the face and scalp by state-licensed barbers; massage of the scalp, face, neck, hands, feet below the calf, or body extending from the clavicles upward by State-licensed cosmetologists; massage of the face, neck, arms, or the body extending from the clavicles upward; or, massage of the hands and feet below the calf by State-licensed manicurists; provided that each is performing such activities in a structure, facility, or place licensed by the city to provide such services.
(j) “Massage establishment” means a physical structure or place where certified massage therapists and/or certified massage practitioners practice massage as provided in Business and Professions Code Section 4601(f), or where any person, firm, association, partnership, corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving or providing massage, as defined herein. The following are not considered massage establishments under this chapter: a State-licensed hospital, nursing home, sanitarium, physiotherapy establishment, or other state-licensed physical or mental health facility.
(k) “Outcall massage service” means a business which provides massage at a location designated by the client or the massage practitioner or therapist, other than at a massage establishment.
(l) “Permittee” means any person who has been granted a massage establishment permit.
(Ord. 681, § 2, 2016)