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10A Action 2016 0620
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10A Action 2016 0620
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6/14/2016 4:05:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2016
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_CC Agenda 2016 0620 CS + RG
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4-23-505 Exemptions. <br />The permit requirements of this Chapter shall not apply to the following classes of <br />individuals and businesses while engaged in the performance of the duties of their respective <br />professions: <br />(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, <br />nurses, or any other person licensed to practice any healing art under the provisions of Division 2 <br />(commencing with Section 500) of the Business and Professions Code when engaging in such <br />practice within the scope of his or her license; <br />(b) Trainers of any amateur, semi-professional, or professional athlete or athletic <br />team, so long as such persons do not practice massage as their primary occupation at any <br />location where they provide such services in the City; <br />(c) Barbers, estheticians and cosmetologists who are duly licensed under the laws of <br />the State of California, while engaging in practices within the scope of their licenses; <br />(d) Individuals in the City temporarily for educational events or disaster relief; <br />(e) Individuals administering massages or health treatments involving massage to <br />persons participating in road races, track meets, triathlons, educational events, conferences or <br />similar single-occurrence athletic, recreational, or educational events; <br />(f) Somatic technicians who use no physical touch of any kind at any time in their <br />practice; <br />(g) Enrolled students of an “approved school” or “approved massage school,” as <br />defined in Business and Professions Code Section 4601(a), when they are performing massage <br />within the City as part of a formal supervised internship or training program operated by the <br />school, without compensation other than school credit, on the premises of a massage <br />establishment duly authorized to operate pursuant to the terms of this Chapter; and provided that <br />the operator has first notified the Permit Administrator in writing of the name, residence address, <br />and school of the students and the dates of the trainings. <br />4-23-510 Violations a misdemeanor and a nuisance. <br />Any massage provided or massage establishment operated, conducted, or maintained <br />contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, a <br />misdemeanor and a public nuisance, and the City Attorney may, in addition to or in lieu of <br />prosecuting a criminal action hereunder, commence an action or actions, proceeding or <br />proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. <br />Such remedies shall be in addition to any other judicial and administrative penalties and <br />remedies available to the City under this Code or State or Federal law.
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