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Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 45 of 76 Page ID #:111 <br /> combination of individuals, engages in, conducts, carries on or permits to be <br /> engaged in, conducted or carried on, massages, baths, or health treatments <br /> involving massage or baths as regular functions. <br /> ( Massage establishment, ancillary" means a massage establishment that is <br /> operated as an_ancilla[y use in coniunction with an approved health club, <br /> athletic club, gym, or hotel or in conjunction_with a medical office. For the <br /> purpose of this definition an ancillary use shall mean a use that is not more <br /> than twenty-five (25) percent of the floor area of the related health or athletic <br /> activities of the primary use. <br /> Qg) "Massage technician" means any massage practitioner, masseuse, massage <br /> therapist or any person who administers or in any way assists in administering <br /> any form of massage, bath, or health treatment involving massages or baths <br /> as the principal functions to another person for any consideration whatsoever. <br /> A massage technician may be an employee or independent contractor. <br /> Section 39, Section 41-1752 (Permitted zones and locations) of Chapter 41 of <br /> the SAMC is hereby amended to read as follows: <br /> Sec. 41-1752. - Permitted zones and locations. <br /> No massage establishment may be 19-ated.within the-eity uR es�s-tt-meets the fall,v.,"i;g <br /> (a) Achair massage service may,be located in commercial zoning districts where retail <br /> and service uses are permitted. <br /> An ancillary massage establishment„may only be„located in zoning districts that permit <br /> health clubs, athletic clubs, gyms hotels, or where medical services.are permitted. <br /> (c) Massage establishments may be located within the following_zoning districts subject <br /> to the issuance of a conditional use permit: <br /> (1) Massage establishments may be permitted on parcels in the C1, Cl-MD, C2, <br /> C4, C5, or CSM zoning districts. <br /> (2) Massage establishments may be permitted on a parcel within any Specific <br /> Plan or Specific Development zoning district in which massage establishments <br /> retail 6erviee us are defined and permitted, <br /> (3) 1 -G- Massage establishments is are not permitted in any other zoning district. <br /> Section 40. Section 41-1753 (Permits and certificates-contents of application) of <br /> Chapter 41 of the SAMC is hereby amended to read as follows: <br /> Sec, 41-1753. - Permits and certificates-contents of application. <br /> No massage establishment may be operated or established in the city without first <br /> obtaining the following: <br /> Ordinance No.N5-XXX <br /> Page 31 of 54 <br />