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applications to conduct massages. <br />(2) Ensure orderly and thorough city review of applications for <br />conducting massages, including, but not limited to, massage <br />establishment(s), massage technician(s), and ancillary <br />massage use(s). <br />(3) Establish reasonable and uniform regulations that will reduce <br />possible adverse secondary effects that businesses <br />conducting massages as a primary or ancillary use may <br />have upon the residents of the city and preserve the integrity <br />of existing commercial areas of the city and of residential <br />areas which are in close proximity to such commercial areas. <br />(4) To protect the rights conferred by the United States <br />Constitution to businesses conducting massages as a <br />primary or ancillary use in a manner that ensures the <br />continued and orderly development of property within the city <br />and diminishes those undesirable negative secondary <br />effects that recognized studies have shown to potentially be <br />associated with the development and operation of <br />businesses conducting massages. <br />(5) To allow a process whereby the unusual site development <br />features or operating characteristics of uses which must <br />comply with this article may be conditioned through an <br />individual review, in order to be compatible with the <br />surrounding uses of property, while preserving the <br />applicant's rights to objective standards and prompt <br />administrative and judicial review. <br />(b) This article shall not apply to massage establishments or <br />businesses that are sole proprietorships, where the sole proprietor is certified <br />pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of the <br />California Business and Professions Code, or to massage establishments or <br />businesses that employ or use only persons certified pursuant to Chapter 10.5, <br />commencing with Section 4600, of Division 2 of the California Business and <br />Professions Code, to provide massage services. <br />Sec. 41-1751. Definitions. <br />The words and phrases, whenever used in this article, shall be construed <br />as defined in sections 41-1751.1--41-1751.6, unless from the context a different <br />meaning is intended or unless a different meaning is specifically defined and <br />more particularly directed to the use of such words or phrases. The words used <br />Ordinance No. NS-XXX <br />11 A-23 Page 23 of 36 <br />