§ 19-124. Definitions. [Ord. No. 1151; amended 11-6-2023 by Ord. No. 1285]

Unless the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meanings, and application of words and phrases used in this article.

BUSINESS — Includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of men and women for the purpose of producing a livelihood or profit, and connotes the efforts of men and women by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this article shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship, as well as a massage establishment, which employs massage practitioners and therapists.

CALIFORNIA MASSAGE THERAPY COUNCIL or CAMTC — Means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.

CERTIFIED MASSAGE PRACTITIONER — Means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to

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City of Oakdale, CA § 19-124

OAKDALE CITY CODE

§ 19-124

California Business and Professions Code Section 4600 et seq.

CITY MANAGER — Shall mean the City Manager of the City of Oakdale or his or her designated representative.

CITY REGISTRATION CERTIFICATE — Means a registration certificate issued by the Chief of Police upon submission of satisfactory evidence that a massage business employs or uses only certified massage practitioners pursuant to this article.

CLIENT — Means the customer or patron who pays for or receives massage services.

COMPENSATION — Means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

EMPLOYEE — Means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.

HEALTH OFFICER — Means the person appointed by the City of Oakdale pursuant to the California Health and Safety Code or his or her authorized representatives or designees.

MASSAGE BUSINESS — Means any business that offers massage therapy in the City of Oakdale in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that 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 under this chapter. The term "massage business" includes a certified massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship.

y business that 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 under this chapter. The term "massage business" includes a certified massage practitioner who is the sole owner, operator, and employee of a massage business operating as a sole proprietorship.

MASSAGE or MASSAGE THERAPY — Means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external 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, ointments, or other similar preparations commonly used in this practice; or by baths, including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

OPERATOR OR MASSAGE BUSINESS OPERATOR — Shall mean any and all owners of a massage business.

OUTCALL MASSAGE — Means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business's City registration certificate.

OWNER or MASSAGE BUSINESS OWNER — Means any of the following persons:

• (a)

  • Any person who is a general partner of a general or limited partnership that owns a massage business.

• (b) Any person who has a 5% or greater ownership interest in a corporation that owns a massage business.

• (c) Any person who is a member of a limited liability company that owns a massage business.

• (d) Any person who has a 5% or greater ownership interest in any other type of business association that owns a massage business.

PERSON — Means any individual, firm, association, partnership, corporation, joint venture, limited

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City of Oakdale, CA § 19-124 OFFENSES – MISCELLANEOUS

§ 19-126

liability company, or combination of individuals.

POLICE CHIEF — Shall mean the Police Chief of the City of Oakdale or his or her authorized representatives or designees.

PRACTITIONER OR MASSAGE PRACTITIONER — Shall be used interchangeably and mean any person who administers massage to another person, for any form of consideration (whether for the massage, as part of other services or a product, or otherwise).

RECEPTION AND WAITING AREA — Means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

REGISTRATION — Means the registration required by this article to operate a massage business.

SCHOOL OF MASSAGE — Means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.

SOLE PROPRIETORSHIP — Means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

SOLICIT — Means to request, ask, demand or otherwise arrange for the provision of services.