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 or CAMTC. The nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to Cal. Bus. & Prof. Code §§ 4600 et seq.
CAMTC CERTIFICATE. A massage practitioner or massage therapist certificate issued by the CAMTC.
CERTIFICATE OF OPERATION. The certificate issued by the Finance Director entitling a business to be operated as a massage establishment.
CHIEF OF POLICE. The Chief of Police of the City of San Gabriel, or his or her designee.
CITY. The City of San Gabriel.
CITY MANAGER. The City Manager or his or her designee, including a hearing officer.
COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
CONVICTION or CONVICTED. A conviction following a guilty plea, nolo contendere plea, or judgment or verdict where the time for appeal has elapsed or conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under Cal. Penal Code § 1203.4 allowing the applicant to withdraw his or her plea of guilty or nolo contendere and to enter a plea of not guilty, or dismissing the accusation or information.
EMPLOYEE. Any person, other than a massage practitioner, massage therapist, or operator, who renders any service, with or without compensation, to the operator or agent of an operator of a massage establishment relating to the day-to-day operation of the massage establishment whether as an employee or independent contractor.
FINANCE DIRECTOR. The Finance Director of the city, or his or her designee.
MAIN ENTRY DOOR. A door from the outside of the establishment leading into the reception area.
MANAGER. The person(s) designated by the owner of the massage establishment to act as the representative and agent of the owner in managing day-to-day operations with corresponding responsibilities. Evidence of management includes, but is not limited to, the ability of the individual to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies, and ensure that the massage establishment complies with the requirements of this code and of other laws. A MANAGER may also be an owner. A MANAGER must have a valid operator permit.
MASSAGE. Any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purpose. MASSAGE includes, but is not limited to, treatment by means of manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, with or without the aid of or by means of any mechanical, electronic, or electrical apparatus or appliance, and with or without rubbing alcohol, liniments, aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. MASSAGE specifically includes the application of any of these methods to the scalp, neck, or feet of any individual. (Some persons practicing MASSAGE may be exempt from all or parts of the permit requirements; please consult § 122.03).
MASSAGE ESTABLISHMENT. Any enterprise or 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, any of the activities set forth in the definition of MASSAGE in this section.
MASSAGE PRACTITIONER. A person who is certified as such by the CAMTC in accordance with the Massage Therapy Act.
MASSAGE TECHNICIAN. A massage practitioner or massage therapist certified by CAMTC.
MASSAGE THERAPIST. A person who is certified as such by the CAMTC in accordance with the Massage Therapy Act.
MASSAGE THERAPY ACT. Chapter 406 of the 2013-2014 Legislative Session, as the same may be amended from time to time.
OPERATOR. All persons who own or manage a massage establishment.
OPERATOR PERMIT. The permit issued by the Chief of Police allowing a person to own or manage a massage establishment.
OUT-CALL MASSAGE. Any business or enterprise that engages in or performs massage for any form of consideration or in exchange for anything of value whatsoever at a location other than a massage establishment.
OWNER. All of the following:
(1) The sole proprietor of a massage establishment, i.e., where the owner is the only person performing massage at that establishment;
(2) In the case of a general business, each owner of the business;
(3) In the case of a corporation, each stockholder holding more than 10% of the corporation and each officer and director of the corporation;
(4) In the case of a partnership, each partner, excluding limited partners owning less than 10% of the partnership, and where a partner is a corporation, the provisions pertaining to a corporate applicant in division (3) above apply.
PATRON. An individual on the premises of a massage establishment for the purpose of receiving a massage.
PERMIT. An operator permit or certificate of operation, unless the context indicates otherwise.
PERMITTEE. Any person who has obtained a certificate of operation or operator permit from the city.
PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT. A person who:
(1) Within ten years preceding the date of filing of the application in question or, in the case of revocation proceedings, within ten years preceding the date of the revocation notice, has been convicted in a court of competent jurisdiction of any of the following:
(a) A violation of any provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290;
(b) Conduct in violation of Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318, 653.22, 653.23, or § 647(a), (b), or (d);
(c) An attempt to commit or conspiracy to commit any of the above mentioned offenses;
(d) When the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Cal. Penal Code §§ 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
(e) Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage;
(f) A violation of Cal. Health & Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057 or 11058; or
(g) Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including Cal. Bus. & Prof. Code § 4609(a).
(2) Within ten years preceding the date of the filing of the application in question or, in the case of revocation proceedings, within ten years preceding the date of the revocation notice, has had any massage establishment, operator, technician, practitioner, therapist, or trainee certificate, license, or permit issued by any state, local agency, or other licensing authority, including the CAMTC: denied, revoked, or suspended for any reason other than lack of sufficient education; or has had to surrender such a certificate, license, or permit as a result of pending criminal charges or administrative proceedings for suspension or revocation of any such certificate, license, or permit;
(3) Within five years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five years preceding the date of the revocation notice, has been convicted in a court of competent jurisdiction of any of the following:
(a) Any crime, other than an infraction or those listed above, involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another;
(b) Any crime, other than an infraction or crimes relating to those offenses listed above, where the crime or act is substantially related to the management or ownership of a massage establishment or the practice of massage, including a violation of the Massage Therapy Act;
(4) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Cal. Penal Code §§ 11225 through 11235 as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the State of California; or
(5) Has been found to be maintaining a nuisance in connection with the same or similar type of business; or
(6) Within five years preceding the date of filing of the application in question or, in the case of revocation proceedings, within five years preceding the date of the revocation notice,
(a) Has engaged in the exposing of specified anatomical areas of oneself or of another person to view, or in touching the specified anatomical areas of oneself or of another person, while providing massage services or while within view of a customer or patron of the massage establishment; or
(b) Has been the owner, manager, or other similar position, in an establishment where the conduct described in division (6)(a) above has occurred.
(7) DISQUALIFYING CONDUCT does not include the failure to obtain a certificate of operation or operator permit without any prior oral or written notification by the city that such was required, provided that the business and/or person cease operations immediately upon notification.
PROOF OF BONA FIDE EMPLOYMENT. Proof of an employer-employee relationship between the operator of the massage establishment and any person working at the massage establishment. Satisfactory PROOF OF BONA FIDE EMPLOYMENT must be shown by written payroll documentation evidencing the employer’s compliance with California Employment Development Department (EDD) requirements for the withholding of California income tax, unemployment insurance contributions, and disability contributions from the employee and written payroll documentation of the employer’s compliance with Internal Revenue Service (IRS) requirements for the withholding of federal income taxes, Social Security (FICA) and Medicare contributions from the employee. Such written documentation can include, but is not limited to, W-2 wage and tax statements.
RECEPTION AREA. An area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons and visitors of the massage establishment and which is not a massage room or otherwise used for the provision of massage services.
RESIDENCE ADDRESS. The actual physical home address and shall not include a P.O. Box, mailbox service, or other similar location.
SOLE PROVIDER. 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 CAMTC certificate, and has no other employees or independent contractors.
SPA. Facilities such as mineral baths, salt rooms, mineral rooms, saunas, steam rooms, whirlpools and other therapeutic baths.
SPECIFIED ANATOMICAL AREAS. Any of the following human anatomical areas: genitals; pubic area; buttocks; anus; or female breasts below a point immediately above the top of the areolae, without a health care referral and written consent of the patron.
VISITOR. A nonemployee who has entered the massage establishment for purposes other than receiving services.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)