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Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 44 of 76 Page ID #:1.10
<br /> on-site or in covenanted off-site spaces when the retail component of the use is
<br /> equal to or less than 50 percent of the gross square footage of the tenant space,
<br /> Section 38, Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby
<br /> amended to read as follows:
<br /> Sec. 41-1751. Definitions.
<br /> Unless the particular provision or the context otherwise requires, the definitions and
<br /> provisions contained in this section shall govern the construction, meaning, and
<br /> application of words and phrases used in this chapter:
<br /> (a) "California Massage Therapy Council' or "CMTC" means the state-organized,
<br /> non-profit organization created to regulate the massage industry as set forth in
<br /> Chapter 10.5 of Division 2 of the California Business and Professions Code
<br /> (commencing with Section 4600, as amended).
<br /> "Chair massage„service" means where a patron receives a_massage while fully
<br /> clothed in a public or semipublic area. The areas massaged are the head, neck,
<br /> back, arms, and feet only.
<br /> (gla) "Employee" includes every owner, partner, operator, manager, supervisor and
<br /> worker, whether part-time, full-time, or temporary, whether paid or not, who
<br /> renders services of any nature or is otherwise employed in the operation of a
<br /> massage establishment. For purposes of this chapter, the term employee shall
<br /> also include massage technicians who provide massage services as
<br /> independent contractors to a massage establishment.
<br /> (de) "Manager" means the owner or operator of the massage establishment, or any
<br /> persons) designated by the owner or operator to act as the representative and
<br /> agent of the owner or operator in managing daily operations. Evidence of
<br /> management may include, but is not limited to, evidence that the individual has
<br /> power to direct or hire and dismiss employees, control hours of operation,
<br /> create policy or rules, or purchase supplies.
<br /> (gel) "Massage" means any scientific manipulation of soft tissue, or method of
<br /> applying pressure on, or friction against, or stroking, kneading, rubbing,
<br /> tapping, pounding, vibrating, or stimulating the external parts of the human
<br /> body with the hands or with the aid of any mechanical or electrical apparatus
<br /> or appliances, or with or without supplementary aids such as rubbing alcohol,
<br /> liniments, antiseptics, oils, powder, creams, ointments, or other similar
<br /> preparations commonly used in this practice.
<br /> (fe) "Massage certificate" means a certificate issued by the CMTC pursuant to
<br /> Section 4604 of the Business and Professions Code (Chapter 10.5
<br /> commencing with section 4600, as amended).
<br /> (gf} "Massage establishment" means any establishment having a fixed place of
<br /> business where any individual, firm, association, partnership, corporation, or
<br /> Ordinance No.Ns-XXX
<br /> Page 30 of 54
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