A. The purpose of this Chapter is to protect the public’s health and safety and the personal safety of massage therapists through the establishment of certain licensing standards pertaining to massage therapy business activities within the City and to recognize massage therapy as a legitimate business occupation and health enhancement service.
B. This Chapter is not intended to permit any of the following uses, conduct, and/or activities which are specifically prohibited under the following Penal Code sections:
1. Section 266(d) which prohibits receipt of money for placement of any person for purposes of cohabitation;
2. Section 266(e) which prohibits the purchase of any person for purposes of prostitution or placement of any person for immoral purposes;
3. Section 266(f) which prohibits the sale of any person for immoral purposes;
4. Section 266(h) which prohibits pimping;
5. Section 266(i) which prohibits pandering;
6. Section 314 which prohibits lewd or obscene conduct;
7. Section 315 which prohibits houses of ill-fame;
8. Section 316 which prohibits disorderly houses which disturb the immediate neighborhood;
9. Section 317 which prohibits places of prostitution;
10. Section 11225 which prohibits places of prostitution, places of lewdness, or places used as a bathhouse permitting conduct capable of transmitting AIDS; and
11. Section 647(a) which prohibits lewd conduct.
C. This Chapter is not intended to apply to cosmetologists, barbers, or to persons licensed to practice any healing under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code where such persons are solely providing certain massage therapy services which are specifically exempted from local regulation pursuant to state law. This Chapter, however, shall apply to those above-mentioned practitioners who intend to provide any massage therapy services that are beyond the scope of the massage therapy services specifically exempted from local regulation by State law.
[Ord. 462, Section 3, 5/9/07.]