§ 9.12.050. Exemptions from permit requirements.

A.

Exemption from Establishment Permit: Other Professionals Practicing Within Scope of Profession. No establishment permit shall be required for the following persons when practicing massage within the scope of their profession:

1.

Any cosmetologist, barber, esthetician, manicurist, electrologist, apprentice barber, or cosmetology instructor licensed under the California Barbering and Cosmetology Act (Business and Professions Code Section 7301 et seq.).

2.

Any person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code or the Chiropractic Act.

3.

Acupuncturists who are licensed to practice their profession in the State of California.

4.

Nurses, physical therapists, or occupational therapists who are licensed to practice their professions in the State of California.

5.

Except as provided in subsection (c) of this section, the establishment permit exemption in this subsection (a) does not apply if the place of business allows professionals other than those identified in this subsection (a) to perform massage either as employees or independent contractors.

B.

Exemption from Establishment Permit: Medical Offices. No establishment permit shall be required for the offices of a licensed physician, surgeon, or osteopath; provided, that the person performing the massage is a certified massage therapist performing massage under the direct supervision and recommendation of such licensed medical professional.

C.

Exemption from Establishment Permit: Occasional Recreational Events. No establishment permit shall be required where massage services are provided at an occasional recreational or community event, provided the following conditions are met:

1.

The person providing the massage is a certified massage therapist;

2.

Massage services are made equally available to all participants of the event;

3.

The event is open to participation by a significant segment of the public such as employees of a sponsoring or participating corporation;

4.

Massage services are provided at the event site and during the hours the event is scheduled;

5.

The event sponsors have approved of the provision of massage services; and

6.

Those providing massage services are not the primary sponsors of the event. "Occasional" shall mean not more than once per month.

(Ord. No. 686, § 1, 9-5-17).