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<br />Ordinance No. NS-XXX <br />Page 31 of 54 <br /> <br />combination of individuals, engages in, conducts, carries on or permits to be <br />engaged in, conducted or carried on, massages, baths, or health treatments <br />involving massage or baths as regular functions. <br /> <br />(h) Massage establishment, ancillary” means a massage establishment that is <br />operated as an ancillary use in conjunction with an approved health club, <br />athletic club, gym, or hotel or in conjunction with a medical office. For the <br />purpose of this definition, an ancillary use shall mean a use that is not more <br />than twenty-five (25) percent of the floor area of the related health or athletic <br />activities of the primary use. <br /> <br />(ig) "Massage technician" means any massage practitioner, masseuse, massage <br />therapist or any person who administers or in any way assists in administering <br />any form of massage, bath, or health treatment involving massages or baths <br />as the principal functions to another person for any consideration whatsoever. <br />A massage technician may be an employee or independent contractor. <br /> <br />Section 39. Section 41-1752 (Permitted zones and locations) of Chapter 41 of <br />the SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-1752. - Permitted zones and locations. <br /> <br />No massage establishment may be located within the city unless it meets the following <br />zoning and location criteria: <br />(a) A chair massage service may be located in commercial zoning districts where retail <br />and service uses are permitted. <br /> <br />(b) An ancillary massage establishment may only be located in zoning districts that permit <br />health clubs, athletic clubs, gyms, hotels, or where medical services are permitted. <br /> <br />(c) Massage establishments may be located within the following zoning districts subject <br />to the issuance of a conditional use permit: <br /> <br />(1) Massage establishments may be permitted on parcels in the C1, C1-MD, C2, <br />C4, C5, or CSM zoning districts. <br /> <br />(2) Massage establishments may be permitted on a parcel within any Specific <br />Plan or Specific Development zoning district in which massage establishments <br />retail service uses are defined and permitted. <br /> <br />(3) No mMassage establishments is are not permitted in any other zoning district. <br /> <br />Section 40. Section 41-1753 (Permits and certificates-contents of application) of <br />Chapter 41 of the SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-1753. - Permits and certificates-contents of application. <br /> <br />No massage establishment may be operated or established in the city without first <br />obtaining the following: