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LS 5,27.16 the city and of residential areas which are in close proximity to such commercial areas. (b) This article shall not apply to a retail or service use that is currently licensed by the State of California Board of Barbering and Cosmetology or an exempt individual as defined in section 22 -5 of this Code. Sec. 41 -1751. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: (a) "California Massage Therapy Council' or "CMTC" means the state - organized, non - profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). (b) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part -time, full -time, or temporary, 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. (c) "Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or 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. (d) "Massage' means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice. (e) "Massage certificate' means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended). 11B-17