§ 5.44.080. Exemptions.

(a)

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

(1)

Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly Licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such Licensed persons, working at the same location as the Licensed person, and administering massage services subject to review or oversight by the Licensed person.

(2)

Barbers and beauticians who are duly Licensed under the laws of the State of California while engaging in practices within the scope of their Licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands or feet of the clients.

(3)

Hospitals, nursing homes, mental health facilities, or any other health facilities duly Licensed by the State of California, and employees of these Licensed institutions, while acting within the scope of their employment.

(4)

Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

(5)

Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

(6)

Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

(A)

The massage services are made equally available to all participants in the event;

(B)

The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

(C)

The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

(D)

The sponsors of the event have been advised of and have approved the provisions of massage services;

(E)

The persons providing the massage services are not the primary sponsors of the event.

(b)

Massage Businesses operating on the Premises of the San Francisco International Airport are exempt from the operating time limitations contained in Section 5.44.050(b). All other provisions of this chapter apply to such businesses.

(Ord. No. 04601, § 3, 1-31-2012; Ord. No. 04688, § 4, 2-25-2014)