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ARTICLE XVIII. <br />MASSAGE <br />Sec. 41-1750. Specific purposes. <br />(a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are <br />to <br />(1) Establish a procedure which places strict limits on processing time and creates an orderly <br />process for reviewing applications to conduct massages. <br />(2) Ensure orderly and thorough city review of applications for conducting massages, <br />including, but not limited to, massage establishment(s), massage technician(s), and <br />ancillary massage use(s). <br />(3) Establish reasonable and uniform regulations that will reduce possible adverse secondary <br />effects that businesses conducting massages as a primary or ancillary use may have upon <br />the residents of the city and preserve the integrity of existing commercial areas of the city <br />and of residential areas which are in close proximity to such commercial areas. <br />(4) To protect the rights conferred by the United States Constitution to businesses conducting <br />massages as a primary or ancillary use in a manner that ensures the continued and orderly <br />development of property within the city and diminishes those undesirable negative <br />secondary effects that recognized studies have shown to potentially be associated with the <br />development and operation of businesses conducting massages. <br />(5) To allow a process whereby the unusual site development features or operating <br />characteristics of uses which must comply with this article maybe conditioned through <br />an individual review, in order to be compatible with the surrounding uses of property, <br />while preserving the applicant's rights to objective standards and prompt administrative <br />and judicial review. <br />(b) This article shall not apply to massage establishments or businesses that are sole proprietorships, <br />where the sole proprietor is certified pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of <br />the California Business and Professions Code, or to massage establishments or businesses that employ or use <br />only persons certified pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of the California <br />Business and Professions Code, to provide massage services. <br />Sec. 41-1751. Definitions. <br />The words and phrases, whenever used in this article, shall be construed as defined in sections 41- <br />1751.1--41-1751.6, unless from the context a different meaning is intended or unless a different meaning is <br />specifically defined and more particularly directed to the use of such words or phrases. The words used in the <br />present tense include the future tense, and words in the singular number include the plural number. <br />E17~'1~ <br />