§ 5.58.020. Definitions.

A.

"Acupuncture" is 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 moxibustion. "Acupressure" is based on a theory similar to acupuncture except that it stimulates acupuncture points by the application of pressure rather than needling.

B.

"Adult-oriented merchandise" is 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.

C.

"Applicant", in the case of a massage establishment permit, means an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person(s) responsible for the ownership and operation of the massage establishment, who applies to obtain a permit under this Chapter.

D.

"California Massage Therapy Council" or "CAMTC" means the Massage Therapy organization formed pursuant to California Business and Professions Code Sections 4600 et seq.

E.

"Certified massage practitioner" or "practitioner" means a person who is currently certified as a massage practitioner by the CAMTC.

F.

"City" shall mean the City of Long Beach, California.

G.

"Chief of Police" is the Chief of Police of the Long Beach Police Department or his or her designee.

H.

"Director of Financial Management" is the Director of Financial Management or his or her designee.

I.

"Employee" means any owner, partner, operator, manager, supervisor or worker, (whether part-time, full-time, temporary, or permanent) whether paid or not, who renders personal services of any nature in the operation of a massage establishment in exchange for any form of compensation from the business.

J.

"Independent contractor" means a certified massage practitioner who works at a separate massage establishment, but is not a salaried employee and does not share a percentage of massage proceeds with that massage establishment. An independent contractor is also considered an individual massage establishment for purposes of compliance with this Chapter.

K.

"Massage", "massage therapy", or "bodywork" means the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Examples of massage include but are not limited to Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology.

L.

"Massage establishment" means any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs shall be deemed a massage establishment under this Chapter. Massage establishment includes a certified massage practitioner who is the sole owner or operator of a massage establishment, or operating as a sole proprietorship.

M.

"Massage therapist" means any person, including an independent contractor, who provides or administers massage therapy services to another person for any form of consideration or compensation whether for the massage, as part of other services or a product, or otherwise. For purposes of this definition, "massage therapist", "massage technician", "massage practitioner" and "masseuse" shall have the same meaning.

N.

"Managing employee" is any employee of a massage establishment who has been designated by the massage establishment permittee to manage the business.

O.

"Massage Establishment Permit" means the Massage Establishment Permit to engage in the business of massage therapy where required by this Chapter and as issued by the Director of Financial Management.

P.

"Permittee" is any person possessing a permit required and issued under this Chapter, or any owner or operator of the permitted massage establishment.

Q.

"Person" means any individual, co-partnership, firm, association, joint stock company, corporation, joint venture, or combination of individuals of whatever form or character.

R.

"Sexual or genital part" means the genitals, pubic area, anus, perineum of any person and the breasts of any female.

S.

"Sole proprietorship" means and includes any legal form of business organization where the business is owned by one individual (or "sole proprietor").

( ORD-18-0018 § 1, 2018)