(A) Complete exception. 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, within the scope of their license;
(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, osteopath, or physical therapist, duly licensed to practice their respective professions in this state.
(a) Any other person providing massage services that is employed by a physician, surgeon, chiropractor, osteopath, or physical therapist, shall be required to have a valid CAMTC certificate, as well as work under the adequate supervision of such physician, surgeon, chiropractor, osteopath, or physical therapist as required by state law or regulation. If no specific law or regulation applies, adequate supervision shall have the same meaning as set forth in 16 California Code of Regulations § 312.
(b) If a duly licensed acupuncturist wishes to provide massage therapy services to his or her clients by an individual(s) other than himself or herself, said individual(s) must have a valid CAMTC certificate and the office of the acupuncturist shall be subject to all the provisions of this Chapter 122, as well as any other applicable provisions of the San Gabriel Municipal Code.
(3) Any person licensed to practice any healing art under the provisions of Cal. Bus. & Prof. Code Div. 2 (commencing with § 500) 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 Cal. Bus. & Prof. Code §§ 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 at a state licensed facility. However, if a state licensed establishment also has a certificate of operation from the city to operate as a massage establishment, the business must also comply with all provisions of this Chapter 122.
(7) Schools of cosmetology or barbering which comply with the requirements of Cal. Bus. & Prof. Code §§ 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 Cal. Bus. & Prof. Code § 7395.1.
(8) Any other business or professions exempt by state law.
(B) Partial exception.
(1) Businesses that offer massage services that are ancillary to the primary business shall only be required to comply with the provisions set forth in division (B)(2) of this section. For purposes of this division, ancillary massage services shall be those services where less than 20% of the gross floor area of the business is devoted to massage.
(2) Massage services provided under division (B)(1) of this section shall be required to comply with the following:
(a) Massage services must be performed by the holder of a valid CAMTC certificate.
(b) The business shall comply with the following provisions of this chapter:
1. Section 122.50(A)(1) relating to hours;
2. Section 122.50(C) relating to instruments, equipment and personnel;
3. Section 122.50(D)(1) through (3) relating to personnel lists;
4. Section 122.50(E) relating to prohibited conduct;
5. Section 122.51(A) through (F) relating to building and facility requirements;
6. Section 122.52 relating to inspections.
(C) Evidence of entitlement to exception. Any person claiming exception under this section shall furnish satisfactory evidence upon request that he or she is entitled to such exception, including, proof of bona fide employment, or if applicable, a citation to the particular provision of state law upon which that person relies.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)