Escondido Municipal Code Art. 1 General

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

Applicant

shall mean the individual who applies for a permit or a permit renewal under the provisions of this chapter.

California Massage Therapy Council or CAMTC

shall mean council as defined in Business and Professions Code section 4601, subdivision (d) and as established under Business and Professions Code section 4602, subdivision (a).

CAMTC certificate

shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage technician.

Certified massage technician

shall mean a massage technician with a CAMTC certificate.

Chief of police

shall mean the police chief of the City of Escondido Police Department, and shall include their designee(s).

City

shall mean the City of Escondido.

Compensation

shall mean the payment, loan, advance, donation, contribution, deposit, exchange, gift of money or anything of value, or any form of consideration whatsoever.

Employee

shall have the same meaning as section 16-3 of this code.

Hearing officer

shall mean any person appointed by the city manager to preside over the administrative hearings provided by this chapter.

Massage

shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or the other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other preparations commonly used in this practice.

Massage establishment

shall mean a business or organization operating at a fixed location where a person, as defined in this chapter, provides, offers, sells, delivers, or dispenses massage as a distinct service for compensation, not including those businesses exempt from the definition of massage establishment under Article 38 of the Escondido Zoning Code.

Massage establishment permit or permit

shall mean a regulatory license issued by the chief of police upon submission of satisfactory evidence as required that an owner, as defined in this chapter, employs or uses only certified massage technicians and has satisfied all other requirements pursuant to the provisions of this chapter.

Massage technician

shall mean any person who gives or administers to another person, for any form of compensation whatsoever, a massage as defined in this chapter. The terms "massage therapist," "massage practitioner," or any other terms used within the massage industry are included within this definition for the purposes of this chapter.

Operator

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

Owner

shall mean any of the following individuals:

(1)

The sole practitioner of a sole proprietorship operating a massage establishment.

(2)

Any general partner of a general or limited partnership that owns a massage establishment.

(3)

Any person who has 10% or greater ownership interest in a corporation that owns a massage establishment.

(4)

Any person who is a member of a limited liability company that owns a massage establishment.

(5)

All owners of any other type of business entity that owns a massage establishment.

(6)

Any person identified as an owner on the massage establishment permit.

Person

shall mean any individual, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized by law as the subject of rights or duties.

Sole practitioner

means a single massage technician who is the sole provider of massage as a distinct service for compensation at a massage establishment without any employees or independent contractors.

Specified anatomical areas

shall mean any of the following areas of the human body: pubic region, human genitals, perineum, anal region, and the areas of the female breasts that include the areola and the nipple.

(Ord. No. 2023-18, 1/10/2024)

This chapter does not apply to the following:

(a) State-licensed professionals while engaged in the performance of the duties of their respective professions and while limited to the scope of their California state licenses including acupuncturists, aestheticians, barbers, chiropractors, cosmetologists, exercise physiologists, manicurists, nurses, naturopathic doctors, occupational therapists, osteopaths, physical therapists, and physicians.

(b) Trainers of any semiprofessional or professional athlete or athletic team, or athletic trainers hired by a local, state or federal government agency.

(c) Any educational institution regulated by the State of California, including any portion of the institution providing massage services, such as student clinics and work study programs, regulated under such state license.

(Ord. No. 2023-18, 1/10/2024)

§ 16A-3. through § 16A-5. (Reserved)