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CC Ordinance No. 1917ORDINANCE NO. 1917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.06 OF THE CUPERTINO MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE TO ADD OCCUPATIONAL THERAPISTS TO THE LIST OF REGULATED PROFESSIONS AND MAKING OTHER AMENDMENTS THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS that Chapter 9.06 of the Cupertino Municipal Code is amended to read as follows: 9.06.030 Exemptions A. A massage establishment license or massage therapist permit shall not be required for the following person while engaging in the performance of the duties of their respective professions: A.3. Nurses, occupational therapists, or physical therapists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional licenses; 6,. C. Massages which are clearly incidental to the operation of a personal fitness training center, gynmasium or health club may be permitted through the use permit for those operations as required in Chapters 19.56 and 19.72 of the Cupertino Mtmicipal Code. A massage establishment license is not required for the aforementioned businesses. The massage therapist described in this category will however, be required to obtain a massage therapist permit a set forth in this chapter. 9.06. 041 Massage therapist permit required It is unlawful for any person to engage in, conduct or carry out the duties of a massage therapist unless exempted by Chapter 9.06.030, without first obtaining a massage therapist permit. 9. 06. 042 Managing employee permit required It is unlawful for any person to engage in, conduct or carry out the duties of a managing employee without first obtaining a managing employee permit. 9.06.050 Massage establishment license, massaged massage therapist permits and managing employee permits - Application. This ordinance shall take effect and be in force thirty (30) days after its passage. Ordinance No. 1917 INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 21st day of April 2003, and ENACTED at a regular meeting of the City Council of the City of Cupertino on the 5th day of May 2003, by the following vote. VOTE MEMBERS OF THE CITY COUNCIL AYES: Chang, James, Sandoval, Lowenthal NOES: None AB SENT: Kwok ABSTAIN: None ATTEST: City Clerk AP~OVED: / Mayor, Cit'y of Cupertino'' 2 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 1917, which was enacted on May 5, 2003 and that it has been published or posted pursuant to law (G.C. 40806). 1N WITNESS WHEREOF, I have hereunto set my hand and seal this 7th day of May 2003. KIMBERLY SMI(~H, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California ordinance certificate