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 an aromatherapy technician, who renders any service to an aromatherapy establishment and who receives compensation directly from the aromatherapy establishment permittee or the permittee's agent.
(2)
"Aromatherapy" means the use of fragrant, concentrated, volatile oils, candles or scents from parts of plants, such as their flowers, fruit, stalks, roots, and bark, for the purpose of improving a person's health and well being.
(3)
"Aromatherapy activities" means, but are not limited to, holding oneself out as an aromatherapy technician; being employed as an aromatherapy technician; acting as an aromatherapy technician; assigned to perform aromatherapy; or giving an aromatherapy.
(4)
"Aromatherapy 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, aromatherapy and health treatments, or aromatherapy and hydrotherapy or bioenergetics shall also be deemed an aromatherapy establishment.
(5)
"Aromatherapy technician" means any individual who administers aromatherapy to another person for any consideration whatsoever.
(6)
"Permit" means the permit to operate an aromatherapy establishment as required by this chapter or an aromatherapy technician permit as required by this chapter.
(7)
"Person" means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
(8)
"Recognized school of aromatherapy" 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 aromatherapy 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 aromatherapy, (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 aromatherapy."
(9)
"Specified anatomical areas" refers to genitals, pubic areas, cleft of the buttocks, perineum and anal regions or the vulva or female breasts.
(10)
"Specified Criminal Act" means (1) any violation of Penal Code sections addressing prostitution or lewd and disorderly conduct including but not limited to Sections 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 Sections 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.
(11)
"Transfer of ownership or control of an aromatherapy establishment" means and 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.
(Ord. 578 §1(part), 2004).