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, as that section may be amended from time to time, 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 § 4604(a) and to massage practitioners pursuant to Cal. Business and Professions Code § 4604.2, as these sections may be amended from time to time.
COMPENSATION. The payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value.
COUPLE’S MASSAGE. A massage performed by two massage therapists to two persons in the same room at the same time within a massage business.
COUPLE’S MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued to a massage business obtained under sections 5.45.020 and 5.45.130 of this chapter allowing the performance of couple’s massage. Nothing in this chapter shall be construed to require massage therapists to obtain a separate license, permit, certificate, or other authorization to provide massage.
EMPLOYED OR RETAINED BY.
(1) Any person who is a directly paid employee of a massage business;
(2) Any person whose association with a massage business is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage business; and
(3) Any person who receives a referral of patrons from a massage business and who at any time before or after the referral arranges in any way for compensation to flow to the massage business 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).
IN-HOME MASSAGE BUSINESS. A massage business established solely within a residence in which massages are provided by appointments only. The in-home massage business must be owned and/or operated by the same person or persons who owns or leases the residence. Massages cannot be provided by therapists other than the owner or lessee of the residence.
MASSAGE, MASSAGE THERAPY, ACUPRESSURE BODYWORK. Used in this chapter interchangeably. The scientific manipulation of 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. For purposes of this chapter, the terms MASSAGE, MASSAGE THERAPY, ACUPRESSURE, and BODYWORK shall have the same meaning and 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. Any sole proprietorship, business, establishment, or enterprise which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron, except for locations where massage is only provided at an out-call basis. Any business 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 under this chapter. For purposes of this chapter, MASSAGE BUSINESS 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 § 4604(a) or Cal. Business and Professions Code § 4604.2, as these sections may be amended from time to time, who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms BODYWORKER, BODYWORK THERAPIST, MASSAGE AND BODYWORK THERAPIST and MASSAGE PRACTITIONER shall have the same meaning as MASSAGE THERAPIST.
OPERATOR. The owner(s), operator(s), or individual(s) in charge of or in control of a massage business and subject to the responsibilities in section 5.45.180 of this chapter.
OUT-CALL MASSAGE SERVICE, MOBILE MASSAGE SERVICE. Used in this chapter interchangeably. The provision of massage services at a location other than the operational address of a massage business identified on a business license, by a massage therapist, in compliance with all the requirements of section 5.45.120 of this chapter.
OUT-CALL MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued under section 5.45.120 of this chapter to a massage business to perform out-call massages. Nothing in this chapter shall be construed to require a massage therapist to obtain a separate license, permit, certificate, or other authorization to provide massage.
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 school approved by the California Massage Therapy Council that meets minimum standards for training and curriculum in massage and related subjects, that meets any of the following requirements, and that has not been otherwise unapproved by the CMTC:
(A) Is approved by the Bureau for Private Postsecondary Education.
(B) Is approved by the Department of Consumer Affairs.
(C) Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:
(1) A public institution.
(2) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, as it may be amended from time to time, and that is not managed by any entity for profit.
(3) A for-profit institution.
(4) An institution that does not meet all of the criteria in division (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, as it may be amended from time to time, and that is not managed by any entity for profit.
(D) Is a college or university of the state higher education system, as defined in Section 100850 of the Cal. Education Code, as that section may be amended from time to time.
(E) Is a school requiring equal or greater training than what is required pursuant to this chapter and is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.
SOLE PRACTITIONER. A massage business where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active license issued in accordance with this Code, and has no other employees or independent contractors.
(Ord. 2009-64, passed 11-17-2009; Am. Ord. 2024-388, passed 3-20-2024)