§ 5-2.102. Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

A.

"California Massage Therapy Council" or "CAMTC" shall mean the non-profit organization created to regulate the massage industry set forth Chapter 10.5 of Division 2 of the Business and Professions Code of the State of California (commencing with Section 4600).

B.

"CAMTC Certificate" shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code section 4601(b) or (c) or any later enacted amendment.

C.

"Certified Massage Therapist" or "massage therapist" shall mean any individual, certified by the CAMTC and possessing a valid CAMTC Certificate and is licensed to practice or administer massage, in exchange for any form of compensation within the City of Modesto. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this Chapter stated herein.

D.

"City" shall mean the City of Modesto.

E.

"Client" shall mean the customer or patron who pays for or receives massage services.

F.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

G.

"Employee" shall mean 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. For the purposes of this chapter, the term "Employee" shall include independent contractors, agents and volunteers.

H.

"Licensee" shall mean any person who receives from the City of Modesto a Business License pursuant to Municipal Code Section 6-1.103.

I.

"Manager" means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.

J.

"Massage" or "Massage Therapy" shall mean 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, vibrating, or stimulating, of the external parts of the body with hands or 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 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, mud, fermentation or any other type of bath.

K.

"Massage business" means any business that offers massage in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall or on-site massage services. The term "massage business" includes a Certified Massage Therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. For the purposes of this Chapter, the term "massage business" shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license.

L.

"Massage establishment" shall mean a fixed location where massage for compensation is regularly conducted. For the purposes of this chapter, the term "massage establishment" shall include those businesses that provide separate massage services, such as spas and day spas, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license.

M.

"On-site massage" shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business, and is limited to massages that take place at malls, business offices, sports complexes, convention centers and public events.

N.

"Operator" or "massage business operator" shall mean any and all owners of a massage business.

O.

"Out-call massage" shall mean the engaging in or carrying on of massage for compensation in a location other than a duly licensed massage establishment.

P.

"Owner" shall mean any of the following:

1.

The sole proprietor of a massage business or establishment; or

2.

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

3.

Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business; or

4.

Any person who is a member of a limited liability company that owns a massage business; or

5.

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

Q.

"Person" shall mean any individual.

R.

"Reception area" shall mean the area immediately inside the front door of the massage establishment, dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.

S.

"Sole-Proprietorship" shall mean a massage business where the owner owns one-hundred percent (100%) of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC certificate, and has no other employees or independent contractors that perform massage for the business.

T.

"Spa" or "Day Spa" shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage.

(Added by Ord. 3642-C.S., § 1, effective 3-24-16)