Whenever the following words and phrases are used in this chapter, they shall mean:
"California Massage Therapy Council or CAMTC" shall mean the non-profit organization created by the State of California pursuant to California Business and Professions Code sections 4600 et seq. to regulate the massage industry.
"CAMTC Certificate" shall mean a current, valid and authentic certificate issued by the California Massage Therapy Council to a massage therapist.
"City" shall mean the City of Murrieta.
"Couples massage" shall mean a massage performed by two (2) massage therapists to two (2) persons in the same room at the same time within a massage establishment or massage accessory use business that possesses a current, valid and authentic couples massage permit.
"Couples massage permit" shall mean a permit issued by the city to perform a couples massage as required by this chapter.
"Existing massage business/establishment/ therapist" shall mean any massage business, massage establishment or massage therapist, as applicable, as those terms are defined by this chapter, legally operating or established in the city as of October 2, 2021, that continuously operates in the city with a current, valid and authentic business license issued by the city and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
"Health Department" shall mean the Department of Public Health and/or the Department of Environmental Health of the County of Riverside.
"Inspector" shall mean anyone employed with the City’s Building and Safety Division, Code Enforcement Division, Fire Department, Police Department and/or City Attorney’s Office who may conduct an inspection of a massage business pursuant to this chapter.
"Manager" shall mean any person(s) designated by the owner or operator of the massage business to act as the representative and agent of the owner and operator in managing the day-to-day operations of the massage business with the same liabilities and responsibilities as the owner and operator.
"Massage" shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
"Massage accessory use" shall mean any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16, unless expressly exempted.
"Massage accessory use permit" shall mean a permit issued by the city to operate a massage accessory use as required by this chapter.
"Massage business" shall mean any massage business authorized to operate in the city pursuant to this chapter, including massage accessory use, massage establishment, outcall massage, and residential massage establishment businesses, as those terms are defined by this section.
"Massage establishment" shall mean any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.
"Massage establishment permit" shall mean a permit issued by the city to operate a massage establishment as required by this chapter.
"Massage therapist" shall mean any person who performs massage on another person for any form of consideration whatsoever. For purposes of this definition, the terms “massage therapist,” “massage practitioner,” or any other terms used within the massage industry shall have the same meaning.
"Operator" shall mean any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operations, conduct or activities of a massage business.
"Outcall massage" shall mean massage performed by a massage therapist employed by a massage establishment or massage accessory use location at any location other than the operational address of the massage establishment or massage accessory use location identified on the massage establishment permit or massage accessory use permit. For purposes of this definition, the term “off-premises massage”, “mobile massage”, or any other terms used within the massage industry shall have the same meaning.
"Outcall massage permit" shall mean a permit issued by the city to perform outcall massage as required by this chapter.
"Owner" shall mean any of the following:
A. The sole practitioner of a sole proprietorship that owns a massage business;
B. Any general partner of a general limited partnership that owns a massage business;
C. Any person who has five percent (5%) or greater ownership interest in a corporation that owns a massage business;
D. Any person who is a member of a limited liability company that owns a massage business;
E. All owners of any other type of business entity that owns a massage business; or
F. Any person identified as an owner on a massage establishment permit or any other license, permit or entitlement issued by the city to operate a massage business.
"Permit" shall mean any permit or license issued by the city pursuant to this chapter relating to operating a massage business.
"Person" shall mean any natural person, firm, association, business, trust, organization, partnership, corporation, company, joint venture, or any other entity or combination of individuals of whatever form or character.
"Residential massage establishment" shall mean a massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
"Residential massage establishment permit" shall mean a permit issued by the city to operate a residential massage establishment as required by this chapter.
"Specified anatomical area" shall mean any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the female breasts. (Ord. 565-21, Exhibit A (part), 2021)