5.49.010 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“California Massage Therapy Council” or “CAMTC” means the statewide massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.
“Certified massage practitioner” means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Section 4600 et seq.
“Chief of Police” means the Chief of the Police Department or their designee.
“City” means the City of Larkspur.
“City Council” means the City Council of the City of Larkspur.
“City Manager” means the City Manager of the City of Larkspur, or their designee.
“Client” means the customer or patron who pays for or receives massage services.
“Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
“Conviction” or “convicted” means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
“Employee” means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business.
“Hearing Officer” means a person qualified to hear and decide appeals of decisions to deny, suspend, revoke or refuse to issue any permit under this chapter. A City Hearing Officer shall be paid by the City but shall not be an employee of the City nor shall any Hearing Officer be hired by the City to hear and decide appeals pursuant to this chapter more often than once every calendar year.
“Massage,” “massage therapy,” and “massage services” mean the scientific manipulation of the soft tissues. For purposes of this chapter, the terms “massage” and “bodywork” shall have the same meaning.
“Massage business” means any business that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities – including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs – shall be deemed a massage business under this chapter. The term “massage business” includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. Massage business shall also include any location where massage services are provided pursuant to an off-premises massage permit or as a home occupation pursuant to Larkspur Municipal Code Section 18.16.065.
“Massage operator’s permit” means a permit issued by the Community Development Director upon submission of satisfactory evidence that a massage business complies with relevant sections of this chapter.
“Off-premises massage” means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage operator’s permit.
“Operator” or “massage business operator” means any and all owners of a massage business.
“Owner” or “massage business owner” means any of the following persons:
1. Any person who is a general partner of a general or limited partnership that owns a massage business.
2. Any person who has a five (5) percent or greater ownership interest in a corporation that owns a massage business.
3. Any person who is a member of a limited liability company that owns a massage business.
4. Any person who has a five (5) percent or greater ownership interest in any other type of business association that owns a massage business.
“Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
“Planning Department” means the City of Larkspur Planning Department.
“Community Development Director” means the Community Development Director of the City of Larkspur, or their designee.
“Police Authority” means the Police Department.
“Reception and waiting area” means an area immediately inside the front door of the massage business dedicated to the reception and waiting of patrons of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
“School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.
“Sole practitioner” means and includes any legal form of business organization where the business owner is the only person employed by that business to provide massage services.
“Sole proprietorship” means and includes a legal form of business organization where there is no legal separation between the business and the business owner. A sole practitioner may be a sole proprietorship.
“Solicit” means to request, ask, demand or otherwise arrange for the provision of services.
“Specified anatomical areas” means the following human anatomical areas: genitals, anuses, and the area of the female breast that includes the areola and nipple. (Ord. 1062 § 14, 2022; Ord. 1032 § 1, 2019; Ord. 1026 § 1, 2018)