Cotati Municipal Code Art. III Miscellaneous Provisions – Exemptions

This chapter shall not apply to the following:

A. Persons holding a valid certificate to practice the healing arts under the laws of the state of California 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;

B. State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees;

C. Recognized schools of massage and their students in training provided the students provide massage therapy only under the supervision of an instructor;

D. Barbers, estheticians, and cosmetologists who are licensed under the laws of the state of California while providing massage therapy within the scope of their licenses;

E. Persons who provide massage therapy to amateur, semi-professional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation at that location in the city of Cotati.

(Ord. 827 § 1(part), 2010)

Nothing contained in this chapter shall be construed to exempt any person from the provisions of any other ordinance, rule or regulation that would otherwise apply, nor to exempt a massage establishment, independent massage therapist or practitioner, or out-call massage service from the provisions of any zoning, licensing, taxing or other building regulation, ordinance or statute.

(Ord. 827 § 1(part), 2010)

A. It is unlawful for any person, individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter.

B. A violation of this chapter shall be punished in accordance with Section(s) 17.89.040 et al.

(Ord. 827 § 1(part), 2010)

All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

(Ord. 827 § 1(part), 2010)

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

(Ord. 827 § 1(part), 2010)

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city.

(Ord. 827 § 1(part), 2010)

Any person who violates, causes, or permits another person to violate any provision of this chapter commits a misdemeanor.

(Ord. 827 § 1(part), 2010)

The superior court may, upon petition, issue an injunction or other appropriate order restraining conduct to any person acting as a massage practitioner who violates any provision of this chapter in accordance with Business and Professions Code Section 4607.

(Ord. 827 § 1(part), 2010)

The provisions of this chapter shall be applicable to all persons and businesses whether the business was established before or after the effective date of the ordinance codified in this chapter. Each massage establishment and each person providing massage services shall have one hundred twenty days from the effective date of the ordinance codified in this chapter to fully comply with this chapter.

(Ord. 827 § 1(part), 2010)