§ 5-15.02. Definitions.

For purposes of this chapter, unless the context clearly requires a different meaning, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

(a)

"Acupressure" is based on a theory similar to acupuncture except that it stimulates acupuncture points by the application of pressure rather than needling. Persons practicing acupressure under the direction of a licensed State of California Department of Consumer Affairs licensed acupuncturist must obtain CAMTC certification. Individual California State-licensed Acupressure Practitioners may practice massage only so far as authorized by their State-issued acupressure license. A State-licensed acupressure practitioner must maintain this license. Otherwise, the practice of massage will require both CAMTC and City licensing, for either a massage establishment or off-premises massage business.

(b)

"Acupuncture" means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electro acupuncture, cupping, and the use of hot or burning substances on or near the skin (moxibustion). Individual California State-licensed acupuncture practitioners may practice massage only so far as authorized by their State-issued acupuncture license. A State-licensed acupuncture practitioner must maintain this license. Otherwise, the practice of massage will require both CAMTC and City licensing, for either a massage establishment or off-premises massage business.

(c)

"Adult oriented merchandise" means any sexually-oriented implements, paraphernalia, or novelty items, such as but not limited to: Condoms and sexually-oriented items that are designed or marketed primarily for the stimulation of human genital organs.

(d)

"Arranger services" means any third-party online only service (such as Soothe or Zeel) that connects a CAMTC certified massage practitioner with a customer.

(e)

"CAMTC" means the California Massage Therapy Council created under the Massage Therapy Act.

(f)

"CAMTC Certificate" means a current and valid certificate issued by the CAMTC to a massage practitioner or a massage therapist.

(g)

"Certified massage practitioner" or "CMP" means a person who is currently certified as a massage practitioner by the CAMTC and who administers massage for compensation pursuant to Business and Professions Code Section 4600 et seq.

(h)

"Certified massage therapist" or "CMT" means a person who is currently certified as a massage therapist by the CAMTC and who administers massage for compensation pursuant to Business and Professions Code Section 4600 et seq.

(i)

"City" means the City of Simi Valley.

(j)

"Conditionally certified massage practitioner (CCMP)" means a person who is completing schooling and working toward their CMP or CMT massage license issued by the CAMTC under the allowances by CAMTC pursuant to Business and Professions Code Section 4600 et seq.

(k)

"Employee" means any and all persons who render any service, with or without compensation, for the owner, operator, RMO, manager, managing employee, or agent thereof of a massage establishment or off-premises massage business. For purposes of this chapter the term "employee" shall include independent contractors and off-premises massage business owners and their employees and agents unless otherwise specified in this chapter. Any person found working at an establishment will be considered an employee for the purposes of this chapter.

(I)

"Managing employee" means any employee of a massage establishment or off-premises massage business owner or employee, who has been designated by the massage establishment permittee to manage the business. In the absence of the business owner/permittee or a designated manager, the practitioner(s) on site are considered to be the managing employee and operator and strictly liable.

(m)

"Massage" means any method of scientific manipulation of the soft tissues, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations, also known as "body work" and includes acupressure. Massage as used in this chapter does not include acupuncture.

(n)

"Massage establishment" means any fixed location where massage is performed for compensation, and includes the business operations of such fixed location. This also includes those fixed business locations of a business in which Massage is provided, dispatched, or organized on an out-call basis to different locations by an owner, employee, or independent contractor associated with the business.

(o)

"Massage establishment permit" means the permit issued by the chief of police pursuant to this chapter for the operation of a massage establishment.

(p)

"Massage practitioner" means a massage practitioner or therapist who provides massage.

(q)

"Off-premises massage" or "out-call massage" means the performance of massage at a location designated by the patron and not at a fixed location such as a massage establishment, medical practitioner's office, or other establishment.

(r)

"Off-premises massage business" means any CAMTC certified massage practitioner providing off-premises massage or out-call massage for compensation as an independent contractor or business owner, on an off-premises or out-call basis.

(s)

"Off-premises massage permit" means the permit issued by the chief of police pursuant to this chapter for an off-premises massage business.

(t)

"Operator" means 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 or massage business and is the same as a managing employee.

(u)

"Owner" means a sole proprietor that owns, a general partner of a partnership or limited liability company or partnership that owns, a corporation that owns, or each individual person who otherwise holds a five (5%) percent or greater ownership interest in a massage establishment or off-premises massage business.

(v)

"Permit" means a massage establishment permit or off-premises massage permit.

(w)

"Permittee" means a person who holds a massage establishment permit or off-premises massage permit.

(x)

"Person" means and includes person(s), firms, corporations, partnerships, associations, limited liability companies or partnerships, or other forms of business organizations or groups.

(y)

"Property owner" means the legal owner(s) of a development or property who may serve as a lessor to a tenant which is a massage establishment or off-premises massage business.

(z)

"Registered school" means a school, approved by the CAMTC, that provides training and curriculum in massage and related subjects.

(aa)

"Responsible managing officer" or "RMO" is the individual person designated by a partnership, limited liability company, limited liability partnership, corporation, association, or other business who must sign all forms and meet all requirements of a permittee under this chapter.

(bb)

"Sole proprietor" means a massage establishment or off-premises massage business owner where the owner owns 100 percent of the business, is the only person who provides massage services for compensation from that business pursuant to a valid and active certificate issued in accordance with this chapter and CAMTC, and has no other employees or independent contractors. A sole proprietor is also a managing employee and operator as specified herein.

(cc)

"Specified anatomical areas" means and includes any of the following human anatomical areas: Genitals, pubic regions, anuses, or female breasts below a point immediately above the top of the areola, except as permitted under the Business and Professions Code 4609(a)(1)(f) and (E)(1) including written consent of the person receiving the massage and a referral from a licensed California health care provider.

(dd)

"Specified criminal offense" means within ten (10) years of the date of the filing of an application for approval a person has:

(1)

Pleaded guilty or nolo contendere to, or has been convicted in a court of competent jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including but not limited to (a) Chapter 1 of Title 9 of the Penal Code (Sections 261—269) relating to sexual crimes; (b) Chapter 8 of Title 9 of the Penal Code (Sections 314—318.6) relating to indecent exposure, obscenity, and disorderly establishments; or (c) Penal Code 647(a) or (b) relating to prostitution; or

(2)

Pleaded guilty or nolo contendere to, or has been convicted in a court of competent jurisdiction of any similar offenses under the criminal code or penal code of this state or any other states or countries;

(3)

Permitted, through an act or omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in subsections (1) or (2) above. The conduct of the employee or agent, if such resulted in a conviction or a plea of guilty or nolo contendere will be considered imputed to the principal; or

(4)

Permittee is required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 commencing with Section 290 of Title 9 of Part 1 of the Penal Code), or is required to register as a sex offender in another state.

(ee)

"Specified sexual activities" means and includes any of the following:

(1)

Fondling or other erotic touching of specified anatomical areas;

(2)

Sex acts including, without limitation, intercourse, oral copulation, or sodomy;

(3)

Masturbation;

(4)

Sexual stimulation by any inanimate object; or

(5)

Excretory functions as part of or in connection with any specified sexual activity listed in this definition.

(ff)

"Unqualified for processing" means an application for a massage establishment that does not meet the requirements imposed by Section 5-15.16 of this chapter and that will be returned unprocessed to the applicant. All fees payed in association with any application are non-refundable.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)