|
<br />Ordinance No. NS-XXX
<br />Page 30 of 54
<br />
<br />on-site or in covenanted off-site spaces when the retail component of the use is
<br />equal to or less than 50 percent of the gross square footage of the tenant space.
<br />
<br />Section 38. Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby
<br />amended to read as follows:
<br />
<br />Sec. 41-1751. Definitions.
<br />
<br />Unless the particular provision or the context otherwise requires, the definitions and
<br />provisions contained in this section shall govern the construction, meaning, and
<br />application of words and phrases used in this chapter:
<br />
<br />(a) "California Massage Therapy Council" or "CMTC" means the state-organized,
<br />non-profit organization created to regulate the massage industry as set forth in
<br />Chapter 10.5 of Division 2 of the California Business and Professions Code
<br />(commencing with Section 4600, as amended).
<br />
<br />(b) “Chair massage service” means where a patron receives a massage while fully
<br />clothed in a public or semipublic area. The areas massaged are the head, neck,
<br />back, arms, and feet only.
<br />
<br />(cb) "Employee" includes every owner, partner, operator, manager, supervisor and
<br />worker, whether part-time, full-time, or temporary, whether paid or not, who
<br />renders services of any nature or is otherwise employed in the operation of a
<br />massage establishment. For purposes of this chapter, the term employee shall
<br />also include massage technicians who provide massage services as
<br />independent contractors to a massage establishment.
<br />
<br />(dc) "Manager" means the owner or operator of the massage establishment, or any
<br />person(s) designated by the owner or operator to act as the representative and
<br />agent of the owner or operator in managing daily operations. Evidence of
<br />management may include, but is not limited to, evidence that the individual has
<br />power to direct or hire and dismiss employees, control hours of operation,
<br />create policy or rules, or purchase supplies.
<br />
<br />(ed) "Massage" means any scientific manipulation of soft tissue, or method of
<br />applying pressure on, or friction against, or stroking, kneading, rubbing,
<br />tapping, pounding, vibrating, or stimulating the external parts of the human
<br />body with the hands or with the aid of any mechanical or electrical apparatus
<br />or appliances, or with or without supplementary aids such as rubbing alcohol,
<br />liniments, antiseptics, oils, powder, creams, ointments, or other similar
<br />preparations commonly used in this practice.
<br />
<br />(fe) "Massage certificate" means a certificate issued by the CMTC pursuant to
<br />Section 4604 of the Business and Professions Code (Chapter 10.5
<br />commencing with section 4600, as amended).
<br />
<br />(gf) "Massage establishment" means any establishment having a fixed place of
<br />business where any individual, firm, association, partnership, corporation, or
|