The provisions of this chapter shall not apply to massage services provided by the City of Brea or by any city authorized person, group, entity, business or organization as part of an official city program or function approved by the City Manager or designee, nor shall the provisions of this chapter apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state;
B. Nurses registered under the laws of the state;
C. 1. Barbers and cosmetologists, licensed by the State of California, and persons licensed by the State of California to provide skin care (estheticians) or nail care (manicurists), as defined and to the extent provided in Cal. Bus. & Prof. Code § 7316, or any successor provision thereto, as follows:
a. Barbers may massage the face and scalp;
b. Cosmetologists may massage the scalp, face, neck, arms, hands, feet below the calf, and the body extending from the clavicles upward;
c. Estheticians may massage the face, neck, arms and the body extending from the clavicles upward; and
d. Manicurists may massage the hands, and feet below the calf.
2. State licensed barbers, cosmetologists, estheticians and manicurists are subject to the exemption provided by subparagraph C. of this section only while providing other barbering, cosmetology, skin care or nail care services in a facility licensed by the City of Brea to provide such services. The provisions of this subparagraph C. apply to apprentices of any of the foregoing who are licensed by the State of California, but only while performing barbering, cosmetology, skin care or nail care services under the direct supervision of a barber, cosmetologist, esthetician or manicurist who is subject to the exemption provided by this subsection;
D. Hospitals, nursing homes, sanitariums or other health care facilities duly licensed by the state;
E. Accredited high schools, junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment; and
F. Trainers of amateur, semiprofessional or professional athletes or athletic teams.
(Ord. 1136, passed 4-6-10)