It is the purpose and intent of the city council that:
A. This chapter comply with and supplement California State Law pursuant to the California Massage Therapy Act, protect the public's health and safety and the personal safety of massage therapists through certain licensing standards pertaining to massage therapy business activities within the city, and 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 California 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 that prohibits lewd or obscene conduct;
7. Section 315 that prohibits houses of ill-fame;
8. Section 316 that prohibits disorderly houses which disturb the immediate neighborhood;
9. Section 317 that 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) that prohibits lewd conduct.
C. The provisions of this chapter shall not apply, except as noted, to the following classes of individuals or businesses while engaged in the performance of their duties:
1. Employees of state-licensed hospitals, nursing homes, and other state-permitted health care facilities while working in those facilities;
2. Individuals holding a valid permit to practice the healing arts defined under Division 2 of the Business and Professions Code, including, but not limited to, holders of medical degrees such as physicians, surgeons or chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses;
3. Barbers and cosmetologists who are licensed under Division 2 of the Business and Professions Code while providing massage therapy within the scope of such licenses, provided that the massage therapy is limited to the neck, face, scalp, feet, and lower limbs up to the knees, hands and arms of clients; where such persons are solely providing certain massage therapy services which are specifically exempted from local regulation pursuant to state law; and
4. Recognized schools of massage and their students in training pursuant to Division 2 of the Business and Professions Code.
(Ord. 423 § 1, 2023)