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5.28.010 Purpose. In enacting these regulations, the City Council recognizes that massage is a viable professional field offering the public valuable health and therapeutic services. It is the purpose and intent of the City Council that the operation of massage establishments, off -premises massage services and persons offering massage be regulated in the interests of public health, safety and welfare by providing minimum building sanitation and health standards and to ensure that persons offering massage shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is further the intent of this Chapter to enact regulations to ensure that those offering massage services are qualified and trained and can be expected to conduct their work in a lawful and professional manner. The City Council finds that existing controls have not satisfactorily addressed or regulated serious police problems and regulated the profession so as to discourage the use of the profession for objectionable and illegal purposes. 5.28.020 Definitions. Unless the particular provision or the context otherwise requires, the following meanings shall apply to words and phrases used in this Chapter: A. "Applicant" shall mean the permit applicant and each of the following persons: the managing responsible officer/employee, a general partner, a limited partner who owns or controls twenty percent or more of the business, a shareholder who owns or controls twenty percent or more of the shares. B. "Bed or mattress" shall mean a flat surface exceeding three inches in thickness customarily used and manufactured for sleeping. C. "Employee" means any and all persons, other than a massage practitioner, employed by the massage establishment who may render any service to the permittee, and who receives compensation from the establishment and who has no physical contact with the customers or clients. The term "employee" shall include independent contractors who are regularly employed by the establishment and who work at the massage establishment. D. "Massage" means any method of treating the external parts of the body for any form of consideration (whether for the massage, as part of a membership, as part of other services or a product, or otherwise) by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice, or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, show, electric tub, sponge, mineral, fomentation or any other type of bath. E. "Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any massage. DJM3 103LE 2