§ 9-325. Definitions

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1) Applicant means any person who is required to file an application for a massage establishment permit.

(2) Adult oriented merchandise means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto-sucks, sexually-oriented vibrators, Ben Wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

(3) Building and safety division means the Building and Safety Division of the Development Services Department of the City of Costa Mesa.

(4) California Massage Therapy Council (CAMTC) means the nonprofit massage therapy organization formed pursuant to California Business and Professions Code Section 4600.5.

(5) CAMTC certificate means the certificate issued by the CAMTC to a certified massage therapist or practitioner pursuant to Section 4601 of the California Business and Professions Code.

(6) Certified massage practitioner or massage practitioner means any person who legally holds a current and valid CAMTC certificate pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code.

(7) Certified massage therapist or massage therapist means any person who legally holds a current and valid CAMTC certificate pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code.

(8) Chief of police means the Chief of Police of the City of Costa Mesa, or his/her designee.

(9) City means the City of Costa Mesa.

(10) City clerk means the City Clerk of the City of Costa Mesa, or his/her designee.

(11) City council means the City Council of the City of Costa Mesa.

(12) City manager means the City Manager or Chief Executive Officer of the City of Costa Mesa, or his/her designee.

(13) City registration certificate means the certificate issued to a certified massage practitioner or certified massage therapist pursuant to the city's registration requirement. The certificate shall have the following information: the massage practitioner's or therapist's photograph, the massage practitioner's or therapist's physical description, the massage practitioner's or therapist's CAMTC certificate information, and the name and address of the business where the massage practitioner or therapist will be practicing massage within the city.

(14) Compensation means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

(15) Conviction means a guilty plea, guilty verdict or a conviction following a plea of nolo contendere.

(16) Customer area means areas open to customers of the establishment or the general public.

(17) Development services department means the Development Services Department of the City of Costa Mesa.

(18) Director means the Director of Development Services of the City of Costa Mesa, or his/her designee.

(19) Employee means any and all persons, other than a massage therapist, massage practitioner, owner or manager, who renders any service, with or without compensation, for the owner, manager or agent of either an owner or manager of a massage establishment and who has no physical contact with customers or clients. For purposes of this article the term "employee" shall include salaried employees and independent contractors.

(20) Fire department means the Costa Mesa Fire Department.

(21) Health department means the Health Care Agency of the County of Orange.

(22) Independent contractor means anyone other than salaried employees who work in or at or render any services to customers that are directly related to the operation of the business whether or not that person receives compensation of any form by the business.

(23) Lobby means one room or designated area, adjacent to the public entry, which is used as an entry and/or waiting room for customers or other persons authorized to enter the premises.

(24) Manager means the person(s) designated by the owner of the massage establishment to act as the representative and agent of the owner in managing day-to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the 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.

(25) Massage or massage therapy means any method of treating the external parts of the human body for remedial, health, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this type of business or trade. "Massage therapy" includes the practice of reflexology.

(26) Massage establishment means any enterprise or establishment having a fixed place of business conducted within the city, where any person, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage, bath or health treatment involving massages or baths including but not limited to fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

(27) Massage establishment permit means the permit issued pursuant to the provisions of this article required to operate and/or manage a massage establishment.

(28) Massage practitioner. (See "certified massage practitioner".)

(29) Massage room means a cubicle, booth, room or enclosed or semi-enclosed area within a massage establishment where massage services are performed on patrons.

(30) Massage therapist. (See "certified massage therapist".)

(31) Rent-space means the leasing or renting by a massage practitioner or therapist of a room(s) in a massage establishment, or other business or medical suite, for the purposes of providing massage, without having any employee relationship with the lessor, the property owner, or the business owner.

(32) Out-call massage means a massage performed or administered for money or other consideration by a certified massage practitioner/therapist at a location other than a permitted massage establishment.

(33) Owner means the individual(s) whose name appears on the city business license and includes any and all persons who have any ownership interest in a massage establishment. An owner may also be a manager.

(34) Person means any natural person, individual, corporation, partnership, association or other group or combination of individuals acting as an entity.

(35) Police department means the Police Department of the City of Costa Mesa.

(36) Recognized school of massage or school of massage is defined by California Business and Professions Code Section 4600(a). Recognized school of massage shall not include schools offering a correspondence course not requiring personal attendance.

(37) Reflexology means a technique or practice in which a trained reflexology therapist applies finger and thumb pressure to specific reflex points on the hands or feet of a client in order to promote relaxation and healing in the body. The practice does not involve the removal of any clothes other than shoes and socks.

(38) Seated massage means any massage of the neck, arms, shoulders and back area above the waist where the client is fully clothed, sitting in a special chair approved by a recognized massage therapy association, designed for upper body massage and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.

(39) Sole proprietorship means and includes any legal form of business organization where the business owner is the only person employed by that business to provide massage services.

(40) Table shower means the washing of the body of a person by another while lying on a table, either face down or on the back, so that particular attention can be paid to the person's genitals, buttocks, gluteal fold, or anal area of any patron, or the breasts of any female patron.

(41) Visitor means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or government officials performing governmental business.

((Ord. No. 11-7, § 1, 7-19-11 )