Unless the context or subject matter clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter:
ACUPRESSURE. The stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied by the massage practitioner in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.
CAMTC. The California Massage Therapy Council created under Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Bus. and Prof. Code.
DIRECTOR. The Director of Community Development or the designee thereof.
LICENSE. A massage establishment license issued by the city pursuant to § 5.24.040 of this chapter authorizing the operation of a massage establishment.
MASSAGE. 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 appliance with or without such supplementary aids as: rubbing alcohol; liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations commonly used in the practice of massage. The terms “bodywork,” “massage services,” and “massage therapy” are included within this definition. MASSAGE includes, but is not limited to: any bath; facial massage; foot massage; fomentations massage; electric or magnetic treatment; shiatsu; alcohol rubs; Russian, Swedish, and Turkish baths; acupressure; and other related actions.
MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, whether as a primary or secondary or ancillary activity, any activity set forth in the definition of “massage” in this section. Any establishment engaged in, conducting, carrying on, or permitting any combination of massage and bath facilities, including but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a MASSAGE ESTABLISHMENT under this chapter. MASSAGE ESTABLISHMENT does not include nail salons, beauty shops, and barber shops unless such establishments offer any massage as a secondary or ancillary activity.
MASSAGE PRACTITIONER. Any person, male or female, who gives or administers to another person for any form of consideration whatsoever a massage as defined in this section. The terms “massage therapist,” “massage technician,” or any other terms used within the massage industry are included within this definition. MASSAGE PRACTITIONER also includes any person to whom a valid “massage therapist” or “massage practitioner” certificate has been issued by the CAMTC pursuant to Cal. Bus. and Prof. Code §§ 4601 and 4604, or any successor provision thereto.
OUTCALL MASSAGE. Any massage performed by a massage practitioner at a location designated by the client or the massage practitioner, other than at a massage establishment.
PERSON. Any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals in whatever form or character.
PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT. A person who:
(1) Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:
(a) A misdemeanor or felony offense that relates directly to the operation of a massage establishment.
(b) A felony whose commission occurred on the premises of a massage establishment.
(2) Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has had revoked any massage establishment, operator, technician, practitioner, or trainee license or permit issued by any governmental entity.
(3) Within five years immediately preceding the date of the filing of the application, or in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:
(a) A violation of Cal. Penal Code §§ 266h, 266i, 315, 316, 318, or 647(b).
(b) Conspiracy or attempt to commit any such offense.
(c) A felony offense involving the sale of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058.
(d) An offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses.
(e) Has been found guilty of or pleaded guilty or nolo contendere to any lesser-included offense of the above.
(4) Is required to register under the provisions of Cal. Penal Code § 290.
(5) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Cal. Penal Code §§ 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.
SEXUALLY RELATED CRIME. A crime in violation of Cal. Penal Code §§ 266i, 315, 316, 318 or 647(b), or any similar offenses under the criminal or penal code of this state or other state or country.
SPECIFIED ANATOMICAL AREAS. The following human anatomical areas: genitals; pubic regions; buttocks; anus; and female breasts below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Conviction of a sexually related crime, or conviction of any felony offense involving the sale of controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, 11058, or any similar offenses under the criminal or penal code of this state or any other state or country.
(`83 Code, § 5.24.020) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 1, 2016)