(A) It shall be unlawful for any person to operate a massage parlor or massage school within the city without first filing the community impact statement required herein and without first obtaining a license from the city. No person shall act as an operator or instructor in any massage parlor or massage school unless the place or establishment in which he or she engages in his or her practice is duly licensed as a massage parlor or massage school under this article.
(B) The provisions of this section shall not apply to:
(1) A duly licensed medical doctor, osteopath, chiropractor, nurse or physical therapist;
(2) A person engaging in the practice of massage on his or her spouse or relative within the first degree of consanguity in either of their residences; or
(3) A place or establishment which is a duly licensed hospital, dispensary, rest home or is a place or establishment where a massage upon the face and neck only is performed for beautifying or cosmetic purposes.
(C) In any prosecution for violation of this section, the exemptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she or the place involved is not subject to the provisions of this chapter. Nothing herein contained shall be deemed to shift the burden of proof of the violation to the defendant.
(1986 Code, § 5-66) (Ord. 1985-17, passed 6-17-1985) Penalty, see § 10.99