§ 5.42.010. Definitions.

For the purposes of this chapter, the following words and phrases will have the meaning set forth in this section:

"Employee" includes independent contractors.

"Massage" or "massage therapy" means the application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of acupressure and reflexology.

"Massage business or establishment" means a business or establishment, including a sole proprietor or independent contractor, that offers massage therapy within the city, whether at a fixed place of business or at a location designated by the patron, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter.

"Massage practitioner" means any person who has been certified as a massage practitioner and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage therapist" means any person who has been certified as a massage therapist and maintains a current and valid CAMTC certificate under the Massage Therapy Law.

"Massage Therapy Law" means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600).

"CAMTC" means the "California Massage Therapy Council" created under the Massage Therapy Law. The CAMTC is referred to as the "Massage Therapy Organization" in the Massage Therapy Law.

"CAMTC certificate" means a current and valid certificate issued by the CAMTC to a massage practitioner or a massage therapist.

"Owner" means (1) a sole proprietor of, (2) a general partner of, or (3) each individual person who holds a twenty percent or greater ownership interest in, a massage business or establishment.

"Outcall massage therapy" means the performance of massage therapy at a location designated by the patron and not at a fixed location massage business or establishment.

"Registered school" means an institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Law.

"Specified criminal offense" means:

(a)

Within five years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including but not limited to (1) Chapter 1 of Title 9 of the Penal Code (Sections 261 -269) relating to sexual crimes; (2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to indecent exposure, obscenity and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to prostitution; or

(b)

Any similar offenses under the criminal code or penal of this state or any other states or countries; or

(c)

Having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in (a) or (b) above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal).

(Ord. No. 665, § 1, 9-28-2010)