HomeMy WebLinkAboutOrdinance #3876 ORDINANCE NO. 3876
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO MASSAGE ESTABLISHMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.24.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.150 Exemptions. Exemptions do not apply to independent contractors of the
listed exempted professionals. Each independent contractor must possess a valid
massage technician permit. The provisions of this chapter shall not apply to the
following classes of individuals or groups while engaged in or performing the duties of
their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical
therapists duly licensed to practice in the state of California.
(b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by
the state of California, provided that at all times such physicians, surgeons,
chiropractors, osteopaths and physical therapists are acting in adherence with the
provisions of the state law which govern this field.
(c) Registered or licensed vocational nurses duly registered by the state of California.
(d) Barbershops and beauty parlors, barbers and beauticians but only when engaged in
the practice for which they are licensed by the state of California i.e., massage above
the neck and shoulders, hands and arms and below the knee.
(e) Accredited high schools and colleges, and coaches and trainers employed therein
while acting within the scope of their employment.
(f) Trainers of any amateur, semi-professional or professional athlete or athletic team.
(g) No employed or independent contractor massage technician may administer massage
or otherwise treat or care for patients other than patients of the practitioner and those
patients must have been prescribed massage therapy by a practitioner listed in this
section prior to the administration of the massage therapy.
(h) Physical Therapist students, and Massage Therapist students earning practical hours
for school/education, and who are currently enrolled in a licensed program for
Physical Therapy, through a recognized school/education center, can work, under the
direct supervision of an exempted professional as defined in this section. Direct
supervision means that an exempted professional, as defined in this se�"'rion, must be
present at all times when a student is performing their duties.
09-2207.001/44108 1
Ordinance No. 3876
(i) Owners of stand alone hotels with more than 100 on-site rooms for rent and which
provide massage services for their guests on site by a state certified massage
practitioner or therapist.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of April , 2010.
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ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney f4o 1w
REVIEW D APPROVED: INITIATED AND APPROVED:
Ciff Ad inistrator City Attorney Drz
09-2207.001/44108 2
Ord. No. 3876
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on April 5,2010, and was again read to said City Council at a
regular meeting thereof held on April 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 29,2010.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Clerk and ex-offici Jerk
R"a, Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California