9661.21. - Effect on other ordinances.

Compliance with the provisions of this division shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this division and other sections of this Code, this division shall control.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.22. - Effect of state or federal law.

A.

In the event it is determined by the city attorney that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities or wireless telecommunication collocation facilities, the permits required by this division for those facilities shall be deemed to be ministerial permits. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a minor conditional use permit or a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, and all provisions of this division shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.

If subsequent to the issuance of the city attorney's written determination pursuant to subsection A. above, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determination shall be a public record.

(Ord. No. 11-387, § 7, 8-24-2011)

DIVISION 12. - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS AND THERAPISTS[[19]]

Footnotes:

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Editor's note— Ord. No. 16-422, § 4, adopted April 27, 2016, amended Div. 12 in its entirety to read as herein set out. The former Div. 12, §§ 9662—9662.6, pertained to massage establishments and practitioners and derived from Ord. No. 11-392, § 8, adopted Jan. 11, 2012.

9662. • Purpose.

The purpose and intent of this division is to establish comprehensive regulations governing the provision of massage services in order to protect the public health, safety, and welfare by:

(1)

Requiring a clean and safe environment for massage treatments; and

(2)

Providing minimum standards for the conduct of massages.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.1 - Definitions.

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

CAMTC means the California Massage Therapy Council created under Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.

Massage means 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, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation.

Massage establishment means a business or establishment, including a sole proprietor or independent contractor, that offers massage services at a fixed place of business, and also includes all establishments or businesses where massage is provided as an ancillary service, such as gyms, clubs, day spas and professional offices where such massage is not otherwise exempt under this division.

Massage therapist means any person who gives or administers to another person for any form of consideration whatsoever a massage as defined in this section. The terms "massage therapist," "massage technician," "massage practitioner," or any other terms used within the massage industry that refer to one who performs massage, are included within this definition. Massage therapist also includes any person to whom a current and valid "massage therapist" or "massage practitioner" certificate has been issued by the CAMTC pursuant to Sections 4601 and 4604 of the California Business and Professions Code, or any successor provision thereto, and includes massage practitioner certificates issued prior to January 1, 2015, which may be renewed by the CAMTC.

Outcall massage means any massage performed by a massage therapist outside the massage establishment where the massage therapist is employed, or a massage administered by any person who is not employed by a fixed location massage establishment in the city.

Person means any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals in whatever form or character.

Specified anatomical areas means the following human anatomical areas: genitals; pubic regions; anus; and female breasts below a point immediately above the top of the areola.

(Ord. No. 16-422, § 4, 4-27-2016)