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<br />ROH 3/2/09 <br /> <br />property within the city and diminishes those undesirable negative <br />secondary effects that recognized studies have shown to potentially <br />be associated with the development and operation of businesses <br />conducting massages. <br /> <br />(5) To allow a process whereby the unusual site development features <br />or operating characteristics of uses which must comply with this <br />article may be conditioned through an individual review, in order to <br />be compatible with the surrounding uses of property, while <br />preserving the applicant's rights to objective standards and prompt <br />administrative and judicial review. <br /> <br />(b) This article shall not apply to massage establishments or businesses that <br />are sole proprietorships, where the sole proprietor is certified pursuant to <br />Chapter 10.5, commencing with Section 4600, of Division 2 of the <br />California Business and Professions Code, or to massage establishments <br />or businesses that employ or use only persons certified pursuant to <br />Chapter 10.5, commencing with Section 4600, of Division 2 of the <br />California Business and Professions Code, to provide massage services. <br /> <br />Sec. 41-1751. Definitions. <br /> <br />The words and phrases, whenever used in this article, shall be construed as <br />defined in sections 41-1751.1--41-1751.6, unless from the context a different meaning is <br />intended or unless a different meaning is specifically defined and more particularly <br />directed to the use of such words or phrases. The words used in the present tense <br />include the future tense, and words in the singular number include the plural number. <br /> <br />Sec.41-1751.1. Massage. <br /> <br />As used herein, "massage" shall mean any method of pressure on, or friction <br />against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the <br />external parts of the human body with the hands or with the aid of any mechanical or <br />electrical apparatus or appliances, or with or without supplementary aids such as <br />rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar <br />preparations commonly used in this practice. <br /> <br />Sec. 41-1751.2. Massage establishment. <br /> <br />As used herein, "massage establishment" shall mean any establishment having a <br />fixed place of business where any individual, firm, association, partnership, corporation, <br />or combination of individuals, engages in, conducts, carries on or permits to be engaged <br />in, conducted or carried on, massages, baths, or health treatments involving massage <br />or baths as the principal functions. <br /> <br />Ordinance No. NS-2779 <br />Page 21 of 32 <br />