§ 5.52.030 — Exceptions

5.52.030 - Exceptions.

A. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to: 1. Any physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such profession in the state of California. 2. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the state of California, who is an employee of and working under the on-site direction of a physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist, duly licensed to practice their respective professions in this state. No other person employed by a physician, surgeon, chiropractor, osteopath, acupuncturist, or physical therapist, shall administer a massage without having first obtained a valid state certificate. 3. Any person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of such license. 4. State-licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state of California, and the employees of such facilities while working on the premises of such state-licensed facilities. 5. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. 6. Barbers, beauticians, or manicurists who are duly licensed by the state of California pursuant to the Barbering and Cosmetology Act set forth in Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet. 7. Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section 7395.1. 8. Any other business or professions exempt by state law. B. Businesses that offer ancillary massage services are exempt from this chapter, subject to the requirements set forth below. Ancillary massage services shall be those services performed at a business where 15 percent or less of the overall business operations are related to provision of massage services as measured by the percentage of gross sales or floor area devoted to provision of massage, whichever is greater, as documented to the Police Department. Businesses to which this exemption may apply include, but are not limited to, health clubs, spas and beauty salons. 1. Ancillary massage services must be performed by the holder of a valid certificate of registration or state certificate. 2. Ancillary massage services must comply with Section 5.52.070 relating to health and safety requirements and Section 5.52.080 relating to prohibited conduct.

(Ord. 7482 § 2, 2019; Ord. 7121 § 1, 2011; Ord. 4109 § 1 (part), 1974)