Unless the context indicates otherwise, the definitions provided in this section shall apply to the interpretation and application of terms used in this chapter. Any term not specifically defined herein or in chapter
20-70 of this Code shall be given its ordinary and commonly understood meaning. Where differing definitions may be found in this Code, the definitions contained in this section shall apply for purposes of this Chapter. As used in this Code, the following terms shall have the meanings specified below:
"Administrative Adjustment"means the process by which certain Massage Related Uses, as defined in this Title, may receive use-specific relief from certain strict regulations contained in Sections
20-49.040,
20-49.050, and
20-49.060 of this Chapter, offering flexibility while maintaining the code's overall intent. Administrative adjustments have Director level review authority but may be deferred to the Planning Commission.
"Business Owner"refers to any of the following Individuals:
1. The sole proprietor of a Massage Business or Establishment;
2. Any general partner of a partnership that owns and operates a Massage Business or Establishment; or
3. Any Individual who has an ownership interest in a corporation that owns and operates a Massage Business or Establishment.
"Business"means any occupation, vocation, or calling, whether conducted for profit or not, that involves the time, attention, or labor of one or more persons.
"Certified Massage Establishment Certificate"means the Registration Certificate issued by the city upon submission of satisfactory evidence that a Massage Establishment employs or uses only Certified Massage Therapists pursuant to this chapter and is at all times operated in compliance with relevant sections of this Code and all other laws.
"Certified Massage Establishment" or "Establishment"means a Massage Business, including, but not limited to, a sole proprietorship; a Massage Business operating under the benefit of a certified Massage Establishment Registration Certificate issued by the city; and a Massage Business where each Business Owner, Employee, Independent Therapist, or other Individual who practices Massage Therapy for compensation, is a Certified Massage Therapist as defined herein.
"Certified Massage Therapist Certificate"means the certificate issued by a Certifying Body, required by this chapter, authorizing a Certified Massage Therapist to practice Massage Therapy in conjunction with a Certified Massage Establishment.
"Certified Massage Therapist" or "Therapist"means any Individual certified as a Certified Massage Therapist by CAMTC or another State certified body designated pursuant to California Business and Professions Code Section
4600 et seq. Pertaining to this chapter, the terms "masseur," "masseuse," "certified massage practitioner," or "Independent Therapist or Practitioner" shall have the same meaning as "Certified Massage Therapist" or "Therapist" when certified from or through a Certifying Body.
"Compensation" or "Compensated"means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money, services, or anything else of value.
"Employee"means any Individual employed by a Massage Establishment who may render any service to the Establishment, and who receives any form of compensation from the Establishment, including but not limited to Individuals acting as Therapists and Independent Therapists.
"Health Officer"means a representative from Sonoma County Environmental Health or their designee, and/or a Reviewing Officer as defined in this section.
"Home-Based"means a use that is being conducted as or from:
1. A Home Occupation, subject to Section
20-42.070 and the provisions of this Chapter; or
2. A "live/work" or "work/live" unit, subject to Section
20-42.080 and the provisions of this Chapter.
Home-Based Massage services may be permitted, subject to Administrative Adjustment pursuant to Section 20-49.090(D) or (E) of this Chapter. |
"Independent Therapist"shall mean an Individual who holds a Certified Massage Therapist Certificate and provides services within a Massage Establishment for less than 10 cumulative days within any 30-day period, is not considered a permanent Employee, and is responsible for their own taxes and benefits;
"Manager"means an Employee responsible for the day-to-day operations of the Massage Establishment, whose duties include but are not limited to the overseeing of staff; scheduling appointments; managing finances; and ensuring strict compliance with all local, state, and federal regulations. The Manager may or may not be a Business Owner or a licensed Massage Therapist but remains subject to the requirements of this chapter.
"Massage Business" or "Massage Establishment"means any commercial operation having a fixed place of business where a Therapist, for any compensation, performs or engages in any act of Massage as defined in this section, regardless of whether other facilities or services are offered. Any Business that includes Massage Therapy services with adjacent uses such as 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" also includes a sole Business Owner, operator or Employee operating as a sole proprietorship.
"Massage," and "Massage Therapy"are used interchangeably in this chapter and refer to the professional application of touch by a Therapist for compensation. This includes, but is not limited to, techniques such as pressure, friction, stroking, kneading, rubbing, tapping, pounding, compressing, stimulating, or other movements of the external body surfaces. These techniques are used for remedial, health, or hygienic purposes to promote increased awareness, relaxation, circulation, pain relief, injury rehabilitation, or neuromuscular reeducation. The term also includes, but is not limited to, treatments that utilize mechanical or electrical apparatus, supplemental aids like rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or similar preparations, as well as various types of baths, including Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, or fomentation baths.
"Mobile Massage Service"means the engaging in or carrying on, either as a Certified Massage Establishment, Independent Therapist, or Sole Proprietor, of Massage for compensation at a location other than a Massage Establishment that has been permitted pursuant to this chapter or a Massage Business otherwise allowed to operate subject to section
20-49.090 of this chapter. Mobile Massage service may be permitted, subject to Administrative Adjustment pursuant to Section
20-49.090(C) of this Chapter.
"Non-Therapist Employee"means a class of Employee who renders service to and receives compensation from the Establishment but is not a Business Owner or Manager and does not in any way practice Massage.
"Patron"means a customer who is on the premises of a Massage Establishment for the purpose of receiving Massage Therapy services, in exchange for compensation, from a certified Massage Therapist while seeking relaxation, pain relief, or other health benefits.
"Person" or "Individual"means any person or Individual as commonly defined, as well as any firm, association, partnership, corporation, joint venture, limited liability company, or combination thereof.
"Property Owner"for purposes of this chapter means the responsible party, person or entity owning the real property upon which a Massage Business or Massage Establishment is located, as shown on the last equalized tax assessment roll maintained in the Sonoma County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered by a court of competent jurisdiction to take possession or control of the real property.
"Reception and Waiting Area"means the area immediately inside the main entry door of the Massage Establishment dedicated to the reception and queuing of Patrons and visitors, and which is not a treatment area or otherwise used for the provision of Massage Therapy services.
"Registration"means the Certified Massage Establishment Registration Certificate required by this chapter to operate a Massage Establishment.
"Reviewing Officer"means the Code Enforcement Officer or other person, or persons designated by the City to conduct any application reviews or inspections as required or permitted under this chapter.
"School of Massage"means any school or institution of learning that is recognized as an approved school pursuant to California Business and Professions Code Section
4600 et seq., as currently drafted or as may be amended.
"Sole Proprietor"means a single individual who has the exclusive legal right or title to a massage business as the solitary owner/employee. A Sole Proprietor as used in this Chapter is subject to all of the provisions of Section
20-49.030.
"Spa"means any establishment or place of business that provides a variety of services focused on enhancing overall well-being through relaxation, rejuvenation, and the improvement of physical appearance or health.
"Treatment Area"means the specific area or areas of an Establishment used for the provision of Massage Therapy services.
"Visitor"means any Individual not retained or employed by the Massage Business or Massage Establishment and not receiving or waiting to receive Massage Therapy services but excluding law enforcement personnel, Reviewing Officers, or other governmental officials performing governmental business.
(Ord. 2025-004, 3/18/2025)