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  Page 2  <br />The purpose of this Article is to prohibit massage businesses and services to the public except <br />those licensed as Therapeutic Massage Establishments and Massage Therapists pursuant to this <br />Article. The licensing regulations prescribed in this Article are necessary in order to prevent criminal <br />activity and to protect the health and welfare of the community. This Article is not intended to <br />impose restrictions or limitations on the freedom of protected speech or expression. <br /> <br />DIVISION 2. - ESTABLISHMENT AND THERAPIST LICENSES REQUIRED <br />Sec. 38-221. – Licenses required. <br />It is unlawful for any person or entity to practice Therapeutic Massage or offer to provide <br />massage therapy or operate a Therapeutic Massage Establishment within the City without a license. <br />Sec. 38-222. - Exceptions. <br />This Article shall not apply to the following establishments or people: <br />(a) A health care facility licensed by the State. <br />(b) A health care facility owned in whole or in part by the State or any of its agencies. <br />(c) A medical clinic or hospital, so long as the massage is performed by a State-licensed <br />physician, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or by an <br />assistant working under the direction of any of such professionals. <br />(d) A physical therapy clinic or athletic facility, so long as the massage is performed by a <br />State-licensed physical therapist, athletic director, coach, or trainer. <br />(e) A beauty parlor or barbershop, so long as the massage is performed by a State-licensed <br />beautician or barber, and treatment is limited to the scalp, face, and neck. <br />(f) Seated chair massage on a fully clothed person. <br />(g) Students of an Accredited Institution who are performing massage services in the <br />course of a clinical component of an Accredited Program of study, provided that the <br />students are performing the massage services at the location of the Accredited <br />Institution and provided the students are identified to the public as students of massage <br />therapy. Students of an Accredited Institution who are performing massage services at <br />clinics or other facilities located outside of the Accredited Institution must have at least <br />150 hours of certified Therapeutic Massage training at the Accredited Institution prior <br />to performing the therapy outside of the institution and must be identified to the public <br />as a student of massage therapy. <br />Sec. 38-223. – License application; investigation. <br />All initial Therapeutic Massage Establishment and Massage Therapist applications shall be <br />accompanied by the required fees in the amount established by ordinance. All persons that have a <br />ten percent (10%) or more financial interest in the Therapeutic Massage Establishment business <br />shall be considered an owner and shall be required to have a background investigation. The police <br />department shall conduct the background investigation before consideration of licensure by the <br />Office of the City Clerk. An investigation by the building official shall be conducted of all premises <br />proposed to be licensed and a report shall be submitted stating the premises comply with the <br />building code and Section 38-247 before consideration of licensure by the Office of the City Clerk. <br />Applications thereafter shall be considered and approved or denied by the Office of the City Clerk.