San Leandro Municipal Code Art. 2 Definitions

(Legislative History: Ordinance No. 2016-008, 7/5/16)

For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:

"CAMTC" or "California Massage Therapy Council"

means the Massage Therapy Organization created and defined under California Business and Professions Code Section 4600 et seq.

"Certified massage technician"

means a massage technician certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4604 or 4604.2 of the California Business and Professions Code.

"Inspector"

means an individual designated by the Permit Administrator to conduct any inspections required or permitted under this Chapter.

"Massage"

means the scientific manipulation of the soft tissues, in exchange for compensation such as payment, loan, donation, contribution, deposit, exchange, or gift of money or thing of value.

"Massage establishment"

means any business or premises, including a sole proprietorship, where massage is provided. Out-call massage may be provided at a location designated by the patron.

"Massage technician" or "technician"

means any person who massages, excluding any person licensed under Business and Professions Code Sections 2000 et seq. (medicine), 2600 et seq. (physical therapy), 2700 et seq. (nursing), or 1000 et seq. (chiropractic), as amended.

"Operator permit"

means the permit required by Section 4-23-305 to operate a massage establishment.

"Out-call massage"

means massage performed by a certified massage technician at a location other than a massage establishment.

"Owner" or "operator"

means any of the following individuals: the sole technician of a sole proprietorship operating a massage establishment; any general partner of a general or limited partnership that owns a massage establishment; any person who has ten percent or greater ownership interest in a corporation that owns a massage establishment; any person who is a member of a limited liability company that owns a massage establishment; and all owners of any other type of business entity that owns a massage establishment.

"Patron"

means an individual not retained or employed by the massage establishment, who is receiving, waiting to receive, or that has just received massage services, but excludes law enforcement personnel or governmental officials performing governmental business.

"Permit Administrator"

means the City employee designated by the City Manager to oversee the implementation and enforcement of this Chapter.

"Permittee"

means the holder of an operator permit.

"Person"

means all domestic and foreign individuals, corporations, associations, syndicates, partnerships, firms, joint ventures, limited liability companies, or combination of individuals.

"Sole proprietorship"

means a business where the owner is the only person employed by that business to provide massage.

"Visitor"

means a person not retained or employed by the massage establishment and not receiving, waiting to receive, or that has just received massage services, but excludes law enforcement personnel or governmental officials performing governmental business.