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Sec. 38-192. - Purpose of Article. 1, he purpose of this Article is to prohibit massage businesses and services to the public except those licensed as 'T'herapeutic Massage Establishments and Massage J."herapists pursuant to this Article. The licensing regulations prescribed in this Article are necessary in order to prevent criminal activity and to protect the health and welfare of the community. This Article is not intended to impose restrictions or limitations on the freedorn of protected speech or expression. Sec. 38-221. — Licenses required. It is unlawful for any person or entity to practice Therapeutic Massage or offer to provide massage therapy or operate aTherapeutic Massage Establishment within the City without a license. See. 38-222. - Exceptions. This Article shall not apply to the following establishments or people-. (a) A health care facility licensed by the State. (b) A health care facility owned in whole or in part by the State or any of its agencies. (c) A medical clinic or hospital, so long as the massage is performed by a State -licensed physician, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or by an assistant working under the direction of any of such professionals. (d) A physical therapy clinic or athletic facility, so long as the massage is performed by a State -licensed physical therapist, athletic director, coach, or trainer. (e) A beauty parlor or barbershop, so long as the massage is performed by a State -licensed beautician or barber, and treatment is limited to the scalp, face, and neck. Seated chair massage on a fully clothed person. (g) Students of an Accredited Institution who are performing massage services in the course of a clinical component of an Accredited Program of study, providedthat the students are performing the massage services at the location of the Accredited Institution and provided the students are identified to the public as students of massage therapy. Students of an Accredited Institution who are performing massage services at clinics or other facilities located outside of the Accredited Institution must have at least 150 hours of certified Therapeutic Massage training at the Accredited Institution prior to performing the therapy outside of the institution and must be identified to the public as a student of massage therapy. Sec. 38-223.— License application; investigation. All initial Therapeutic Massage Establishment and Massage Therapist applications shall be accompanied by the required fees in the amount established by ordinance. All persons that have a ten percent (10%) or more financial interest in the '11crapeutic Massage Establishment business shall be considered an owner and shall be required to have a background investigation. The police department shall conduct the background *investigation before consideration of licensure by the Office of the City Clerk. An investigation by the building official shall be conducted of all premises proposed to be licensed. and a report shall be submitted stating the premises comply with the Page 2