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The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(A) Complete exemption. The requirements of this chapter shall not apply to the following individuals:
(1) Physicians, surgeons, chiropractors, acupuncturist, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and provided that they do not have. Note: Any person(s) working directly under the supervision of or at the direction of any licensed persons listed in this section, working at the same location as the licensed person, and administering massage therapy services subject to review or oversight by the licensed person must be a certified massage practitioner.
(2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician.
(3) Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
(4) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
(5) Trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.
(6) Any other business or profession exempt from the provisions of this chapter by state law.
(B) Limited exemption from conditional use permit requirement for ancillary massages services. Businesses that offer ancillary massage services and/or out-call massage therapy shall be required to comply with Chapter 9.44 and all other laws, but will be exempt from having to obtain a conditional use permit.
(C) Any person claiming exemption under this section shall furnish satisfactory evidence to the Community Development Director upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies.
(‘86 Code, § 9.44.050) ( Ord. 3517, passed - - ; Am. Ord. 4576, passed 6-13-11; Am. Ord. 4687, passed 5-9-16; Am. Ord. 4735, passed 5-14-18) Penalty, see § 1.12.010