For the purposes of this chapter, unless otherwise clearly required by the particular provision or the context, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
BUSINESS. Includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this chapter shall include, without limitation, the advertising and soliciting of massages. The term BUSINESS includes, but is not limited to, a massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage establishment that employs massage practitioners and therapists.
CALIFORNIA MASSAGE THERAPY COUNCIL or CAMTC. The massage therapy organization formed pursuant to Cal. Business and Professions Code § 4600.5.
CERTIFIED MASSAGE PRACTITIONER. Any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to Cal. Business and Professions Code §§ 4600 et seq.
CLIENT. The customer or patron who pays for or receives massage services.
COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value,
CITY MANAGER. The City Manager of the City of Tulare, and his or her authorized representatives or designees.
CITY REGISTRATION CERTIFICATE. A registration certificate issued by the Chief of Police, upon submission of satisfactory evidence that a massage business employs or uses only certified massage practitioners pursuant to this chapter.
CHIEF OF POLICE. The Chief of Police of the City of Tulare, and his or her authorized representatives or designees.
EMPLOYEE. Any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.
HEALTH OFFICER. The person appointed by the City of Tulare pursuant to the California Health and Safety Code, or his or her authorized representatives or designees.
MASSAGE or MASSAGE THERAPY. Any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including, but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.
MASSAGE BUSINESS. Any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that 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. The term MASSAGE BUSINESS includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.
OPERATOR or MASSAGE BUSINESS OPERATOR. Any and all owners of a massage business.
OUTCALL MASSAGE. The engaging in or carrying on of massage therapy for compensation in a location other than the business operation’s address set forth in the massage business’s city registration certificate.
OWNER or MASSAGE BUSINESS OWNER. Any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that owns a massage business.
(2) Any person who has five percent or greater ownership interest in a corporation that owns a massage business.
(3) Any person who is a member of a limited liability company that owns a massage business.
(4) Any person who has a five percent or greater ownership interest in any other type of business association that owns a massage business.
PERSON. Any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
PRACTITIONER or MASSAGE PRACTITIONER. Used interchangeably, any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).
RECEPTION AND WAITING AREA. An area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
REGISTRATION. The registration required by this chapter to operate a massage business.
SCHOOL OF MASSAGE. Any school or institution of learning that is recognized as an approved school pursuant to Cal. Business and Professions Code Div. 2, Ch. 10.5, as currently drafted or as may be amended,
SOLE PROPRIETORSHIP. Any legal form of business organization where the business owner (sometimes referred to as the SOLE PROPRIETOR) is the only person employed by that business to provide massage services.
SOLICIT. To request, ask, demand or otherwise arrange for the provision of services.
(Ord. 19-02, passed 6-18-2019)