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(b) Massage establishment means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as the principal functions. (c) Massage technician means any person who, for any form of consideration whatsoever, gives or administers to another person a massage as defined or baths as the principal function. (d) Recognized school of massage means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which school or institution has been approved pursuant to the California Education Code and which requires a resident course of study of not less than one thousand (1,000) hours to be given in not less than six (6) calendar months before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence or online course not requiring actual attendance shall not be deemed a recognized school. The City of Santa Ana shall have a right to confirm that the applicant has actually attended class in a recognized school. (e) Ancillary Use - Any establishment that provides massage services as an accessory or complementary use to other health or beauty services, and that employs no more than two licensed massage technicians, is subject to any zoning and land use regulations as required by the Planning & Building Agency. (f) Employee - Includes every owner, partner, operator, manager, supervisor and worker, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment. (g) Manager - Means any person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an owner. (h) Chair Massage - A seated chair massage is where a patron receives a massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back andlor arms only. Ordinance No. NS-2779 Page 4 of 32