For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. CMTC or CALIFORNIA MASSAGE THERAPY COUNCIL. The Massage Therapy Organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600(e) of that Code.
B. CERTIFICATE HOLDER. The holder of an Establishment Registration Certificate.
C. CERTIFIED MASSAGE ESTABLISHMENT. A massage establishment where each owner and each employee that provides massage is a Certified Massage Practitioner.
D. CERTIFIED MASSAGE PRACTITIONER. A massage practitioner certified by the CMTC as a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.
E. ESTABLISHMENT REGISTRATION CERTIFICATE. The Establishment Registration Certificate issued to a massage establishment pursuant to Section 8.32.060.
F. INSPECTOR. An individual designated by the Permit Administrator to conduct any inspections required or permitted under this chapter.
G. MASSAGE. Treatment of the superficial parts of the human body by therapeutic touching, rubbing, pressing, stroking, kneading, tapping, pounding, bathing, vibrating, manipulating or stimulating with the hand(s) or any instrument, in exchange for compensation such as payment, loan, donation, contribution, deposit, exchange, or gift of money or thing of value.
H. MASSAGE ESTABLISHMENT. Any business or premises, including a sole proprietorship, where massage is provided, whether at a fixed place or at a location designated by the patron.
I. MASSAGE PRACTITIONER. Any person who massages, excluding any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922, as amended.
K. OUTCALL MASSAGE. Massage provided at any location other than a certified massage establishment.
L. OWNER or OPERATOR. Any of the following individuals:
1. The sole practitioner of a sole proprietorship operating a massage establishment.
2. Any general partner of a general or limited partnership that owns a massage establishment.
3. Any person who has ten (10) percent or greater ownership interest in a corporation that owns a massage establishment.
4. Any person who is a member of a limited liability company that owns a massage establishment.
5. All owners of any other type of business entity that owns a massage establishment.
M. PATRON. An individual not retained or employed by the massage establishment, that is receiving, waiting to receive, or that has just received massage services, but excluding law enforcement personnel or governmental officials performing governmental business.
N. PERMIT ADMINISTRATOR. The city employee designated by the City Manager to oversee the implementation and enforcement of this chapter.
O. PERMITTEE. The holder of an operator permit.
P. PERSON. All domestic and foreign individuals, corporations, associations, syndicates, partnerships, firms, joint ventures, limited liability companies, or combination of individuals.
Q. PRACTITIONER REGISTRATION CERTIFICATE. The practitioner registration certificate issued to certified massage practitioners pursuant to Section 8.32.040.
R. SOLE PROPRIETORSHIP. A business where the owner is the only person employed by that business to provide massage.
S. VISITOR. A person not retained or employed by the massage establishment and not receiving, waiting to receive, or that has just received massage services, but excluding law enforcement personnel or governmental officials performing governmental business.
(Ord. 2011-02 § 1(part), 2011)