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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B22-1. Definitions.

For the purposes of this division, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

(a) "For compensation" means the exchange of massage for money, goods or services. An establishment or person cannot avoid the requirements of this division by offering free massage in conjunction with other services or goods provided for compensation.

(b) "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or any other parts of the body or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without the use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar preparations. Massage shall further include baths, including aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of bath where the essential nature of the service involves any method of pressure or friction against, or stimulating the external parts of the human body with the hands or any other parts of the body.

(c) "Massage establishment" means an establishment having a fixed place of business where any person, firm, association or corporation practices or otherwise permits massage for compensation. For purposes of this division, the term "massage establishment" shall include any establishment providing off-premises massage services. For purposes of this division, the term "massage establishment" may be applied to include establishments which offer services such as "relaxation," "hot tub," "towel wraps," "baths," "health treatments," or "tanning" or any service where the essential nature of the interaction between the employee and the customer involves a massage.

(d) "Massage therapist" or "massage therapist trainee" means any person who, for any type of compensation, practices massage.

(e) "Off-premises massage" means practicing massage for compensation at a location other than at a permitted massage establishment.

(f) "Operator" means any person who operates and is responsible for the day-to-day activities of the massage establishment.

(g) "Owner" means any individual who has any ownership interest in the massage establishment.

(h) "Permit" means a written document authorizing the holder to engage in the business specified in the document. Three types of permits are issued pursuant to this division: establishment permits, therapist permits, and trainee permits.

(i) "Recognized school of massage" means any school or institution of learning approved under the California Education Code or other applicable state law or regulation as a vocational or postsecondary institution wherein the theory, method, ethics, history, practice and work of massage are taught. Such school or institution shall require a residence course of not less than 100 hours of nonrepetitive instruction including the study of anatomy and physiology and hygiene and, in addition, at least 75 hours of demonstration and practice of massage techniques. Any school or institution of learning allowing correspondence course credit not requiring actual attendance at class shall not be deemed a "recognized school of massage."

(j) "Sheriff" means the Sheriff of Santa Clara County or his/her designee including the Deputy Sheriff who is responsible for receiving applications and the required fees, and conducts the investigation necessary in the processing of application for permits required by this division.

(k) "Trainee permit" means a permit issued by the Sheriff authorizing an individual, who is in the process of completing the educational requirements leading to the practice of massage therapy, to practice massage for a limited period of time not to exceed 12 months.

(l) "Working under the supervision" means that the massage therapist trainee has his/her work directed by:

(1) A professional licensed to practice any healing art under the provisions of Division 2 of the California Business and Professions Code (Business and Professions Code § 500 et seq.); or

(2) A professional licensed to practice any services under the California Barbering and Cosmetology Act (Business and Professions Code § 7301 et seq); or

(3) A massage therapist who is licensed, permitted or otherwise authorized to practice massage under this division or under the local or state regulations applicable to the establishment in which the therapist practices.

(Ord. No. NS-516.3, § 1, 1-9-01)

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