The text
The following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended: (1)
"Employee" means any person, other than a massage technician, who renders any service to a massage establishment and who receives compensation directly from the massage establishment permittee or the permittee's agent.
(2)
"Massage" means any method of treating the external parts of the body for remedial health, or hygienic purpose. "Massage" includes, but not be limited to, treatment by means of pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding; treatment by means of stimulating the external parts of the body with any mechanical or electrical apparatus or appliance, or with rubbing alcohol, liniments, antiseptics, oils powders, creams, lotions, ointments, or other similar preparation; treatment by means of baths, including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, and shower; and any other type of system for treating or manipulating the human body with or without the character of bath.
(3)
"Massage activities" means, but are not limited to, holding oneself out as a massage technician; being employed as a massage technician; acting as a massage technician; assigned to perform massage; or giving a massage.
(4)
"Massage establishment" means any 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 as a regular function, any of the activities set forth in subsection (2) of this section. Any establishment engaging in or carrying on, or permitting any combination of, massage and health treatments, or massage and bathhouse, shower, hot tub, sauna, or other dry or wet heat shall also be deemed a massage establishment.
(5)
"Massage table" means a table specifically designed for reclining or setting for the administration of massage and which has a maximum width of four feet.
(6)
"Massage technician" means any individual who administers massage to another person for any consideration whatsoever.
(7)
"Out-call massage" means any business not otherwise exempt from this chapter that engages in or carries on a massage at a location that is not within a massage establishment.
(8)
"Permit" means the permit to operate a massage establishment as required by this chapter or a massage technician permit as required by this chapter.
(9)
"Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
(10)
"Recognized school of massage" means (1) any school or institution of learning which complies with and has been approved pursuant to the Private Postsecondary and Vocational Education Reform Act of 1989 (California Education Code Sections 94700 et seq.), or a successor statute thereto, which school or institution teaches the theory, ethics, practice, profession, or work of massage and which requires for graduation a resident course of study of not less than three hundred hours before the student shall be furnished with a diploma or a certificate of completion; or (2) any school or institution of learning outside the State of California which school or institution (i) teaches the theory, ethics, practice, profession, or work of massage, (ii) requires for graduation a resident course of study of not less than three hundred hours before the student shall be furnished with a diploma or a certificate of completion, (iii) complies with standards commensurate with those set forth in the Private Postsecondary and Vocational Education Reform Act of 1989, and (iv) has been approved by the board of education, or similar governmental regulatory body, of the state in which it is located. Schools that offer a correspondence course not requiring attendance shall not be deemed a "recognized school of massage." The hourly requirement for a resident course of study before a student is furnished with a diploma or certificate of completion shall be no less than five hundred hours five years from the date of enactment of this ordinance codified in this chapter.
(11)
"Seated chair massage" refers to massage conducted in public and not in a separate enclosed room and is administered on the head, neck or back region of a person not including areas defined as specific anatomical areas, and is seated position and does not disrobe.
(12)
"Specified anatomical areas" refers to genitals, pubic areas, cleft of the buttocks, perineum and anal regions or the vulva or female breasts.
(13)
"Specified Criminal Act" means (1) any violation of Penal Code Sections addressing prostitution or lewd and disorderly conduct including but not limited to Section 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code or the applicable section as it is referenced in the Penal Code as of the date of citation; (2) a violation of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or the applicable section as it is referenced in the Health and Safety Code as of the date of citation; (3) any offense involving the use of force or violence upon a person; (4) any offense involving tax evasion, theft, embezzlement or moral turpitude; or (5) an offense committed in another state which, if committed or attempted in this state, would be punishable as one or more of the above-mentioned offenses.
(14)
"Transfer of ownership or control of a massage establishment" includes any of the following:
(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.
(15)
"Hotel health spa" refers to a massage establishment which operates within the premises of a luxury hotel.
(16)
"Luxury hotel" refers to an establishment which (1) operates within structures which occupy a minimum of two hundred thousand square feet and (2) at all hours of operation has a minimum of one hundred fifty separate room suites rented or available for rent to the general public.
(Ord. 580 §1, 2004; Ord. 577 §1(part), 2004).