Rancho Palos Verdes Municipal Code Art. 3 General Requirements

A. The provisions of this chapter shall not apply to the following:

1. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state.

2. Nurses registered under the laws of the state.

3. Persons who are licensed to practice any healing art other than massage under the applicable provisions of the Business and Professions Code of the state or any other statute of this state and provide any treatment administered in good faith.

4. Barbers, cosmetologists and electrologists who are duly licensed under the laws of the state while engaging in practice within the scope of their licenses, except that this exemption shall apply solely to the massaging of the feet, hands, neck, face, and/or scalp of the customer or client.

5. Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the state.

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

7. Trainers of amateur, semi-professional or professional athletes or athletic teams.

8. Any business duly licensed as a health club, provided only one massage table is used at such location and provided such use is incidental to the operation of the health club.

B. Notwithstanding the provisions of subsection (A) of this section, no person or facility expressly exempted under this section from the application of this chapter shall utilize or employ a massage technician unless such massage technician possesses a valid CAMTC certification that has not been suspended or revoked.

(Code 1981, § 5.24.200; Ord. No. 544, § 7, 2-5-2013)

A. Generally. Any person subject to the provisions of this chapter who provides massage services as a secondary service in connection with a business that was lawfully in existence at the subject location on February 1, 2002, where no more than one massage technician provides massage services at said business at any one time, may apply for a hardship waiver relieving them from complying with the facilities requirements set forth in section 5.24.030 (Operating requirements) under either of the following circumstances:

1. The facility in question lacks the physical space to comply with the requirements set forth in section 5.24.030 (Operating requirements); or

2. Compliance with the requirements set forth in section 5.24.030 (Operating requirements) would cause an undue financial hardship to the applicant.

B. Application. Requests for a hardship waiver shall be submitted to the director on a form furnished by the city. The application shall be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the reasonable satisfaction of the director that the facility complies with the requirements of subsection (A) of this section and lacks the physical space to meet the requirements set forth in section 5.24.030 (Operating requirements) or that compliance with said requirements would cause an undue financial hardship to the applicant.

C. Findings. The director shall issue the hardship waiver or deny the request within 15 business days of receipt of the application. The director may issue a hardship waiver if they find that the facility complies with the requirements of subsection (A) of this section and that the supporting documentation submitted with the application demonstrates to their satisfaction that either the facility lacks the physical space to meet the requirements set forth in section 5.24.030 (Operating requirements) or compliance with the requirements set forth in section 5.24.030 (Operating requirements) would cause an undue financial hardship to the applicant who is requesting the hardship waiver. The director shall issue a written notice of determination and shall serve such written notice of determination on the person requesting the hardship waiver via certified mail, return receipt requested. If the application is denied, the notice shall set forth the reasons for the denial. The determination rendered by the director shall be final.

D. Duration of waiver. Any hardship waiver granted pursuant to this section shall immediately terminate if the facility is sold or ownership of the facility otherwise changes.

(Code 1981, § 5.24.210; Ord. No. 544, § 7, 2-5-2013)