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<br />Ordinance No. NS-XXX
<br />Page 30 of 54
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<br />(c) "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.
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<br />(d) "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.
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<br />(e) "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.
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<br />(f) "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).
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<br />(g) "Massage establishment" means any establishment having a fixed place of
<br />business where any individual, firm, association, partnership, corporation, or
<br />combination of individuals, engages in, conducts, carries on or permits to be
<br />engaged in, conducted or carried on, massages, baths, or health treat ments
<br />involving massage or baths as regular functions.
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<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.
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<br />(i) "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 consi deration whatsoever.
<br />A massage technician may be an employee or independent contractor.
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<br />Section 39. Section 41-1752 (Permitted zones and locations) of Chapter 41 of
<br />the SAMC is hereby amended to read as follows:
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<br />Sec. 41-1752. - Permitted zones and locations.
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