Burbank Municipal Code Div. 1 General Provisions

3-4-2201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following words and phrases shall have the meanings hereinafter set forth:

CHAIR MASSAGE: The application of any method of massage without the use of any supplementary aids as listed in the definition of “massage” in this section, performed while the recipient of the massage is fully clothed and seated in a chair specially designed for the purpose of seated massage.

FULLY CLOTHED: For a person to be covered with articles of opaque clothing typically worn in public view. Bathing suits and garments, including, but not limited to, bras, panties, boxer shorts, lingerie or other articles of clothing considered to be underwear, worn exclusively, are prohibited for purposes of the definition of “chair massage” in this section.

HEALTH DEPARTMENT: The County of Los Angeles Department of Health Services.

MASSAGE: Any method of treating the external parts of the body for remedial, health or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, bathing, touching, binding, painting, irritating, vibrating, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, soaps, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT: An establishment having a fixed place of business where any person engages in, conducts or carries on, or permits to be engaged in, conducted, or carried on, any business of giving or furnishing massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treating or manipulating the human body.

MASSAGE TECHNICIAN: Any masseur, masseuse or other individual who, for any form of consideration, gives or administers to another individual a “massage” as defined in this section.

OFF PREMISES MASSAGE: The activity of providing massage at any location other than the fixed place of business of a massage establishment having a valid and outstanding permit issued pursuant to this article.

OFF PREMISES MASSAGE BUSINESS: Any business enterprise having a source of income or compensation derived from the practice of massage, and which has a fixed place of business for receiving the requests of patrons for massages, but massages are performed elsewhere.

OFF PREMISES MASSAGE TECHNICIAN: Any individual who, for any form of consideration, gives or administers a massage to another individual at a location other than one having a valid and outstanding massage establishment permit issued pursuant to this article.

PERMIT: The permit required to be obtained from the Community Development Department for the operation of a massage establishment or an off premises massage business, or for performing the activities of a massage technician or an off premises massage technician.

PERSON: Any individual, firm, partnership, corporation, association, or any combination of individuals of whatever form or character.

SEXUAL OR GENITAL AREA: The genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female. [Added by Ord. No. 2909; formerly numbered Section 8-200; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3635.]

3-4-2202: APPLICABILITY AND EXCEPTIONS:

The provisions of this article shall have no application and no effect upon and shall not be construed as applying to the following:

A. Treatment administered in good faith in the course of practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California, or any other law of this State, including physicians, surgeons, chiropractors, osteopaths, and physical therapists.

B. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client.

C. Any business, calling or profession over which the State has assumed exclusive jurisdiction as a matter of statewide concern and which gives the services or treatments included in the term “massage”, as herein defined, as incident to such business, calling or profession, nor shall they apply to regularly established hospitals, athletic associations, or athletic teams. [Added by Ord. No. 2909; formerly numbered Section 8-201; renumbered by Ord. No. 3058, eff. 2/21/87.]