§ 6.60.020. Definitions.

A.

"Applicant" shall mean a person who is required to file an application for a Massage Therapy License.

B.

"Compensation" shall mean the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

C.

"Employed or retained by" shall include:

1.

Any person who is a directly paid employee of a massage business or establishment;

2.

Any person whose association with a massage business or establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the business or establishment; and

3.

Any person who receives a referral of patrons from a massage business or establishment and who at any time before or after the referral arranges in any way for compensation to flow to the massage business or establishment or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or such parties record such compensation in their financial records).

D.

"License" shall mean the authorization issued by the city allowing the practice of massage therapy. Also known as a massage therapy license.

E.

"Licensee" shall mean a person to whom a massage therapy license has been issued.

F.

"Massage," "massage therapy," and "bodywork," are used in this chapter interchangeably and shall mean the application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance. The terms "massage," "massage therapy," and "bodywork," specifically exclude the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry, or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, spiritual healing, or procedures which penetrate body cavities, either manually or with any other method of intrusion.

G.

"Massage business or establishment" shall mean any business or establishment which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Any business or establishment which offers any combination of massage therapy and bath facilities, including but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage business or establishment under this chapter.

H.

"Massage practitioner" shall mean any person to whom a MTO certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "bodywork practitioner," or "massage and bodywork practitioner," shall have the same meaning as "massage practitioner".

I.

"Massage therapist" shall mean any person to whom a MTO certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "bodyworker," "bodywork therapist," or "massage and bodywork therapist," shall have the same meaning as "massage therapist".

J.

"MTO certificate" shall mean the certificate issued by the massage therapy organization to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.

K.

"Operator" shall mean any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage business or establishment.

L.

"Owner" shall mean any of the following persons:

1.

The sole proprietor of a massage business or establishment. As used in this chapter, the term "sole proprietor" shall mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;

2.

Any general partner of a partnership that owns and operates a massage business or establishment; or

3.

Any person who has a twenty percent or greater ownership interest in a corporation that owns and operates a massage business or establishment.

M.

"Person" shall mean any individual, proprietorship, partnership, corporation, firm, association, joint stock company, or combination of the above in whatever form or character.

N.

"Police chief" shall mean the Police Chief of the City of Delano or his or her authorized representative(s).

O.

"Recognized school of massage" shall mean a facility that teaches the theory, ethics, practice, profession and work of massage therapy and that is approved by any of the following:

1.

The Bureau for Private Postsecondary and Vocational Education pursuant to former Section 94739 of the California Education Code prior to July 1, 2007;

2.

The Department of Consumer Affairs;

3.

An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following: (a) a public institution; (b) an institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code, and that is not managed by any entity for profit; (c) a for-profit institution; (d) An institution that does not meet all of the criteria in subdivision (b) herein, that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit;

4.

A college or university of the state higher education system, as defined in Section 100850 of the California Education Code; or

5.

A school of equal or greater training that is approved by the corresponding agency in another state or territory of the United States or accredited by an agency recognized by the United States Department of Education.

The term "recognized school of massage" shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class.

P.

"Sexually related crime" shall mean a violation of Section 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code, or any similar offenses under the criminal or penal code of this state or any other states or countries.

Q.

"Specified criminal activity" shall mean:

1.

Conviction of a sexually related crime, or conviction of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or any similar offenses under the criminal or penal code of this state or any other states or countries, for which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses occurring within any twenty-four-month period.

2.

The fact that a conviction is being appealed shall have no effect on the determination of whether the applicant or licensee has been convicted of a specified criminal activity under this chapter.

(Ord. No. 2009-1201, § 1, 9-21-2009)