§ 9-63. Exemptions.

The term "health club" as used in this article does not include and the provisions herein shall not apply to the following:

(1)

Regularly established and licensed hospitals, sanitariums, nursing homes, or the offices or medical clinics operated and regularly used by a duly qualified and licensed physician, osteopath, physical therapist, chiropractor, or podiatrist in connection with the practice of medicine, chiropractic, physical therapy, osteopathy or podiatry; nor to any treatment given in the residence of a patient if administered by a licensed physician, osteopath, physical therapist, chiropractor or podiatrist.

(2)

Registered or licensed practical nurses working under the supervision of a licensed physician, chiropractor, osteopath, physical therapist or podiatrist.

(3)

Athletic directors or trainers who are affiliated with a certified educational or charitable institution or professional sports team, and whose work is limited to athletic team members.

(4)

Licensed cosmetologists, barbers or beauty culturists who do not give, or hold themselves out to give, massages other than are customarily given in such establishments, solely for the purpose of beautification or grooming.

(5)

Exercise clubs exclusively for members or clientele of one sex alone, where services, without massage in any form, are performed by persons of the same sex as the members or clientele.

(6)

Any corporation qualifying for exempt status for franchise and income tax purposes under G.S. Sections 105-125 and 105-130.11(3), respectively.

(7)

Any person licensed by the North Carolina Board of Massage and Bodywork Therapy acting within their authorized scope of practice.

(Ord. of 11-22-93, § 3; Ord. of 5-8-2000, § 1)