A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
1. "California Massage Therapy Council" ("CAMTC") means the nonprofit organization created to regulate the massage industry in California pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600).
2. "CAMTC certificate" means a certificate issued by the CAMTC pursuant to Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with Section 4600).
3. "Certified copy" means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document bearing an original signature of the issuer.
4. "Certified statement" means a written assertion, claim or declaration bearing the original signature of the issuer.
5. "Certified massage practitioner" means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4604.2, and who provides massage services for compensation.
6. "Certified massage therapist" means any person to whom the CAMTC has issued a certificate pursuant to Business and Professions Code Section 4604, and who provides massage services for compensation.
7. "Chief of police" means the Captain of the Yucaipa Patrol Station of the San Bernardino County Sheriff's Department, or their designated representative.
8. "City" means the City of Yucaipa.
9. "City manager" means the city manager of the City of Yucaipa or designated representative.
10. "Client" means any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money.
11. "Communicable disease" means tuberculosis, or any disease which may be transmitted from a massage therapist to a client through normal physical contact during the performance of any massage service as permitted under this chapter.
12. "Complete application" means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application deposit fees.
13. "Director" means the director of development services.
14. "Employee" means a person who works for any permittee, including independent contractor(s).
15. "Filing date of application" means the date on which the city determines that a complete application has been submitted to the city by the applicant.
16. "Nudity" means any of the following: (1) the appearance or display of an anus, male or female genital, pubic region, or a female breast below a point immediately above the top of the areola, and/or (2) a state of undress which less than completely and opaquely covers an anus, male or female genital, pubic region or a female breast below a point immediately above the top of the areola.
17. "Massage" means the scientific manipulation of the soft tissues or as otherwise defined in Chapter 10.5 of Division 2 of the Business and Professions Code (commencing with 4600) including methods that are undertaken to promote wellness, relaxation, stress reduction, pain relief and postural improvement, or provide general or specific therapeutic benefits, including, but not limited to, massaging, stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage, tapotement and any other non-incidental touching, with the hands or other parts of the body, with or without the aid of any mechanical or electrical device or appliance, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Massage services include, but are not limited to, hydrotherapy, and therapeutic application of wraps, oils, alcohol rubs, skin brushing, salt glows and similar applications of products to the skin.
18. "Massage establishment" or "massage therapy establishment" means any business in a fixed location where massage is performed for compensation or other consideration, including but not limited to, businesses that provide massage services accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, beach club, skincare salon, and day spa, excluding those locations where massage is only provided on an out-call basis. "Establishment" means any of the following:
a. The opening or commencement of a massage therapy related business as a new business or an accessory to an existing business;
b. The conversion of any type of existing business to any other type of massage therapy business; or
c. The substantial enlargement of an existing massage therapy business.
19. "Massage Therapy Act" means those provisions in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600).
20. "Operator" or "on-site manager" means all persons who is responsible for the day-to-day operations of a massage business or establishment. An operator may also be an "owner" meaning any of the following:
a. The sole proprietor of a massage business or establishment. In this chapter, "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;
b. Any general partner of a partnership that owns and operates a massage business or establishment; or
c. Any person who has an ownership interest in a corporation that owns and operates a massage business or establishment.
21. "Outcall massage therapist" means any individual who engages in or performs massages for consideration, not at a fixed location, but at a location designated by the patron.
22. "Permit" means a massage therapy permit as required by this chapter that is a written license to engage in the practice of massage for compensation.
23. "Permittee" means the person in whose name a permit to operate or perform certain massage therapy business activities has been issued pursuant to this chapter whether for the operation of a massage therapy establishment, an outcall massage therapy service, or as a personal massage therapist.
24. "Personal massage therapist" means any person who is permitted under this chapter to perform massage activities as an employee or an independent contractor of a massage therapy establishment.
25. "Reception area" means the area of a massage therapy establishment where clients or other persons enter the business and are greeted and/or received by the operator, personal massage therapist and/or other employee of said business, or otherwise check in for their massage therapy sessions.
26. "Recognized school of massage" means any school or educational institution licensed or approved by the state or CAMTC, which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school.
27. "Specified anatomical area" means human genitals, pubic region, anus, or a female breast below a point immediately above the top of the areola.
28. "Specified sexual activities" means any of the following:
a. The fondling or other erotic touching of human genitals, pubic region, anus, or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation, or sodomy; or
c. Excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
29. "Stand-alone massage therapy establishment" means a massage therapy establishment that is operated as the predominant business activity on the subject premises rather than as an accessory use to a barbershop, beauty salon, hotel or resort, or any other type of business.
30. "Transfer of ownership or control of a massage therapy establishment" means any of the following, whether voluntary or involuntary:
a. The sale, lease, or sublease of the business;
b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
B. Where terms are not specifically defined in this chapter, the municipal code, any applicable statute, code, or any of the uniform codes adopted and incorporated by reference by the municipal code, they shall have the meanings set forth in their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.
C. Words used in the singular include the plural and the plural the singular.
D. Words used in the masculine gender include the feminine and the feminine the masculine.
(Ord. 423 § 1, 2023)