§ 5.36.030. Exemptions.

A.

Massage Establishments. Massage establishment permits required by this chapter shall not apply to or include the following:

1.

Licensed hospitals, nursing homes, and sanitariums;

2.

Recognized schools of massage;

3.

Duly licensed athletic facilities;

4.

Medical facilities in which massage is performed as prescribed treatment only on patients of the medical facility;

5.

Residences of home occupation solo practitioners;

6.

Barbershops and beauty shops provided that any massage services performed or provided are incidental or accessory and within the scope of any barber's or beautician's state of California license;

7.

Businesses where only chair massage is performed, and it is performed in public view; or

8.

Offices leased by solo practitioners for the practice of massage.

9.

Non-massage businesses that lease space to a solo practitioner for therapeutic massage or that offer therapeutic massage as an incidental service.

B.

Massage Therapists. Individuals that conduct massage in facilities exempt from massage establishment permit requirements are required to have massage therapist permits, except as provided below:

1.

Persons holding a valid certificate to practice the healing arts under the laws of the state of California including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and vocational nurses;

2.

Students in training at a recognized school of massage where the student performs massage only under the direct personal supervision of an instructor certified by the California Department of Consumer Affairs Bureau for private post secondary and vocational education; or

3.

Barbers and beauticians licensed under the laws of the state of California to provide massages to the neck, face, scalp, feet (up to the ankle), or hands (up to the wrists) while engaging in practices within the scope of their licenses.

C.

Massage as an Incidental or Accessory Activity. Businesses that offer massage as an incidental or accessory service to their primary business services offered, as determined by the City Administrator, shall be required to comply with all provisions of this chapter, except that they shall be exempt from any requirements under this chapter that applies to employees or advertisements.

(Ord. No. 12914, § 1, 2-17-2009; Ord. 12675 § 4 (part), 2005)