For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CALIFORNIA MASSAGE THERAPY COUNCIL (CMTC). The organization responsible for facilitating and implementing Cal. Business and
Professions Code Ch. 10.5 (commencing with § 4600) of Division 2, affecting massage therapists in California.
CMTC CERTIFICATE. The certificate issued by the California Massage Therapy Council to massage therapists pursuant to Cal. Business and Professions Code § 4601(c) and to massage practitioners pursuant to Cal. Business and Professions Code § 4601(b) or Cal. Business and Professions Code § 4604(c).
COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange or gift of money or anything of value.
EMPLOYED OR RETAINED BY.
(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 the parties record the compensation in their financial records).
MASSAGE, MASSAGE THERAPY, BODYWORK. Used in this chapter interchangeably. 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.
MASSAGE BUSINESS OR ESTABLISHMENT. 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.
MASSAGE THERAPIST. Any person to whom a CMTC certificate has been issued pursuant to Cal. Business and Professions Code § 4601(b) or (c) or Cal. Business and Professions Code § 4604(a) or (c) 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.
PERSON. Any individual, proprietorship, partnership, corporation, firm, association, joint stock company or combination of the above in whatever form or character.
RECOGNIZED SCHOOL OF MASSAGE. 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. 2009-64, passed 11-17-2009)