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For the purpose of this chapter, the following words and phrases shall mean or include:

A. "Approved school" means an approved school as defined in California Business and Professions Code Section 4600(a).

B. "California Massage Therapy Council" or "CAMTC" means the nonprofit organization created pursuant to Chapter 10.5 of the Business and Professions Code and/or any subsequent amendment or superseding statute, and/or any successor organization.

C. "CAMTC certificate" means a certificate, or conditional certificate, issued by the CAMTC to massage therapists, pursuant to California Business and Professions Code Section 4601(c), and/or to massage practitioners pursuant to Section 4601(b), 4604(a) or 4604(c), and/or certificates issued pursuant to Chapter 10.5 of the Business and Professions Code. When used in this chapter, "CAMTC certification" means having a valid CAMTC certificate.

D. "Certified massage establishment" means a massage establishment that employs or uses only massage professionals with CAMTC certification to perform massage services. Unless otherwise stated, "certified massage establishment" includes certified sole proprietorships.

E. "Certified sole proprietorship" means a sole proprietorship where the owner has received CAMTC certification and is the only provider of massage services for that business.

F. "Fee" means the amount applicants for new or renewed massage permits are required to pay in accordance with Section 8.38.090.

G. "Health officer" means the health officer of Sonoma County or his/her authorized representative.

H. "Implementing zoning ordinance" means city Ordinance No. 2300 NCS.

I. "Massage" means the method of treating the superficial parts of the body, excluding specified anatomical areas, for medical or hygienic purposes, and not for purposes of offering, engaging in or permitting specified sexual activities, by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance commonly used in the practice of massage, and with or without supplementary aids such as rubbing alcohol, oils, powders, creams, lotions, ointment, or other similar preparations commonly used in the practice of massage. Massage includes such manipulation of the body or similar procedures described in this subsection that are performed in hydrotherapy, spa or similar bath facilities.

J. "Massage establishment" means a business conducted by any individual, firm, association, partnership, corporation or combination of individuals that provides or offers massage in exchange for money or other consideration.

K. "Massage professional" means any person who administers massage to another person, for any form of consideration or pecuniary compensation.

L. "Massage permit" means authorization issued in accordance with this chapter to massage professionals practicing in the city that meet the requirements of Section 8.38.060.

M. "Permit administrator" means the police chief of the city, his/her designee, or any other person designated by the city manager to issue massage permits and enforce the regulations contained in this chapter.

N. "Permitted massage establishment" means a massage establishment, including sole proprietorships, where not all the massage professionals have CAMTC certification, and where all those massage professionals that lack CAMTC certification have a valid massage permit issued in accordance with this chapter.

O. "Specified sexual activities" means any of the following:

1. Erotic touching or fondling of the body, including, but not limited to, erotic touching or fondling of a specified anatomical area.

2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation, masturbation or sodomy.

3. Excretory functions as part of or in connection with the activities specified in this section.

(Ord. 2473 NCS §1 (part), 2013.)