For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section:
shall mean the individual who applies for a permit or a permit
renewal under the provisions of this chapter.
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).
shall mean a current and valid certificate issued by the
California Massage Therapy Council to a massage technician.
shall mean a massage technician with a CAMTC certificate.
shall mean the police chief of the City of Escondido Police
Department, and shall include their designee(s).
shall mean the City of Escondido.
shall mean the payment, loan, advance, donation, contribution,
deposit, exchange, gift of money or anything of value, or any form
of consideration whatsoever.
shall have the same meaning as section 16-3 of this code.
shall mean any person appointed by the city manager to preside
over the administrative hearings provided by this chapter.
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.
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.
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.
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.
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.
shall mean any of the following individuals:
The sole practitioner 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 10% 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.
All owners of any other type of business entity that owns a
massage establishment.
Any person identified as an owner on the massage establishment
permit.
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.
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.
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)
