Chapter 5.08 PUBLIC MASSAGE PARLORS AND BATHHOUSES

B. “Massage” means the method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. The term “massage” as used in this chapter includes the use, in connection with massage treatment, of such appliances, equipment, and aids as heat lamps, electric cabinets designed to produce heat, steam baths given by cabinet or any other method, mineral baths either as complete or partial baths, baths by tub or shower or otherwise, baths administered hot or cold, using water, natural mineral water, a formula, or other liquid, and including colonic irrigation.

Manipulation of the human body in the course of the practice of medicine, surgery, osteopathy, chiropractic, chiropody, naturopathy, dentistry, nursing, physical therapy, optometry or any other of the healing arts by persons licensed by the state to practice such healing arts is not included in the term “massage” as used herein.

C. “Masseur” or “masseuse” means a male person, or a female person, respectively, who practices massage, or holds himself or herself out as practicing massage, for or in expectation of any fee, compensation or monetary consideration.

D. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.

E. “Public bathhouse” means any place within the City where baths or facilities for baths of any kind whatever are given or furnished for, or in expectation of, any fee, compensation or monetary consideration including, but not limited to: Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths by hot air, steam, vapor, water or electric cabinet; provided, that “public bathhouse,” for the purpose of this chapter, does not include such baths or facilities for baths where no attendant or other person administers, or holds himself out as administering, massage treatment as defined in this chapter, either by physical manipulation of the body or by the use of equipment.

F. “Public bathhouse attendant” means any person who administers to, or performs services to, patrons of a public bathhouse, or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work.

G. “Public massage parlor” means any place within the City where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.

H. “Public massage parlor attendant” means any person who administers to, or performs services to, patrons of a public massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to, such patrons. (Ord. 144 §§ 3.1 – 3.8, 1974)

5.08.020 License – Required – Public massage parlor, bathhouse.

No person shall conduct, operate or maintain a public massage parlor or a public bathhouse without first obtaining a license therefor as provided in this chapter. (Ord. 144 § 1, 1974)

5.08.030 License – Required – Masseur, masseuse, attendant.

No person shall act as a masseur or masseuse or as a public massage parlor attendant or as a public bathhouse attendant without first obtaining a license as provided in this chapter. (Ord. 144 § 2, 1974)

5.08.040 License – Exemptions.

A. When no fee, compensation, or any other monetary consideration (except for payment of dues to a bona fide social or athletic club for which the primary purpose is other than the services described in this chapter) is paid, directly or indirectly, the provisions of this chapter do not apply to:

1. Persons giving massage treatments or baths in a private residence or a private social or athletic club not open to the public generally;

2. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations;

3. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study.

B. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who treat patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the state to treat the sick, injured, or infirm, or by any nurse under the direction of a person so licensed.

C. Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barber shops for purposes of beautification only are also exempt from the provisions of this chapter. (Ord. 144 § 4, 1974)

5.08.050 License – Fees.

A. The fee for a public massage parlor license is fixed at $10.00 per year, and the fee for a public bathhouse license is hereby fixed at $10.00 per year.

B. The fee for a license as a masseur, masseuse, public massage parlor attendant, or a public bathhouse attendant is fixed at $10.00. (Ord. 144 § 5, 1974)

5.08.060 License – Only one required.

The license required under this chapter shall be exclusive and no other City license shall be required. (Ord. 144 § 21, 1974)

5.08.070 License – Temporary.

A. Upon the payment of the necessary fee, a temporary license may be issued to a person to:

1. Act as a masseur;

2. Act as a masseuse;

3. Act as a public massage parlor attendant;

4. Act as a public bathhouse attendant.

B. Such temporary license shall be given for not more than three months and shall authorize the holder thereof to engage in such occupation in the City pending the issuance of a regular license as provided under the terms of this chapter. (Ord. 144 § 3.9, 1974)

5.08.080 License – Expiration.

All licenses issued or renewed pursuant to this chapter shall expire one year from date of issuance unless revoked earlier. (Ord. 144 § 16, 1974)

5.08.090 License – Application – Public massage parlor, bathhouse.

No license or renewal of license to conduct a public massage parlor or public bathhouse shall be issued or renewed except upon written application filed with the City Clerk-Treasurer upon forms furnished by the City, which shall be signed and sworn to by the person who intends to conduct, operate and maintain a public massage parlor or bathhouse. Such applications shall include the following:

A. The true name, home address and telephone number of the applicant;

B. The business name, business address and telephone number of the establishment or proposed establishment;

C. Whether applicant is a sole proprietorship, partnership or corporation; if a partnership, giving the names of all persons sharing in the profits of said business; if a corporation, giving the names of its officers, directors and shareholders, giving title, residence address and telephone number of each;

D. If applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;

E. Two two-inch by two-inch black and white photographs of the applicant, or, in the case of a firm, the party signing the application, taken within six months of the date of the application, showing only the full face of such applicants. The two two-inch by two-inch black and white photographs shall be provided at the applicant’s expense. The license, when issued, shall be posted and displayed in a conspicuous place in the establishment where such licensee is employed at all times, and such license shall not be tampered with in any manner;

F. Such applicants, or party signing the application, shall also be required to submit to fingerprinting by the Police Department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Division;

G. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of a felony or any crime involving moral turpitude. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposition thereof;

H. All assumed names or aliases which have been or are used by any person whose name appears on an application. (Ord. 144 § 6, 1974)

5.08.100 License – Application – Masseur, masseuse, attendant.

No license or renewal of license to act as a masseur or masseuse, or public massage parlor attendant, or public bathhouse attendant, shall be issued or renewed except upon written application filed with the City Clerk-Treasurer upon forms furnished by the City, which shall be signed and sworn to by the applicant. Such application shall include the following:

A. The true name, home address, and telephone number of the applicant;

B. Whether the applicant has ever been convicted of a felony or any crime involving moral turpitude. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposition thereof;

C. All assumed names and aliases which have been or are used by applicant;

D. Two two-inch by two-inch black and white photographs of the applicant, taken within six months of the date of the application, showing only the full face of such applicant. The two two-inch by two-inch black and white photographs shall be provided at the applicant’s expense. The license, when issued, shall have the applicant’s photo affixed to it and shall be posted and displayed in a conspicuous place in the establishment where such licensee is employed, at all times, and such license shall not be tampered with in any manner;

E. Such applicant shall also be required to submit to fingerprinting by the Police Department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Division;

F. The applicant’s previous occupation and previous employer. (Ord. 144 § 12, 1974)

5.08.110 License – Issuance – Public massage parlor, bathhouse.

A. Upon the filing of an application for issuance or renewal of a public massage parlor license or a public bathhouse license, the City Clerk-Treasurer shall ascertain from the City’s Building Inspector whether the operation of such establishment at the business address shown on the application will be in compliance with the City’s zoning regulations; and the City Clerk-Treasurer shall promptly refer the application to the Police Department with a request for an investigation of the statements contained in the application and for a written report to be made within 30 days by the Police Department containing the results of the investigation and any other matters pertinent to the application. The City Clerk-Treasurer shall also refer the application to the Spokane County Health District with a request for an inspection of the premises, or proposed premises, to determine their suitability and adequacy as to sanitary and physical conditions and to submit a written report thereon.

B. If, from said reports and other information, it appears that the application and the premises are fit and proper; that the statements contained in the application are true; that the applicant or the owners of the applicant firm have not been convicted of a felony or any crime involving moral turpitude and that the applicant has complied with all the requirements of this chapter, the City Clerk-Treasurer shall issue a license to the applicant; otherwise, the license application shall be denied. (Ord. 144 § 7, 1974)

5.08.120 License – Issuance – Masseur, masseuse, attendant.

A. Upon the filing of an application for a license to act as a masseur, masseuse, public massage parlor attendant, or public bathhouse attendant, the City Clerk-Treasurer shall refer the same to the Police Department with the request to investigate the statements contained in said application, and to furnish a written report within 30 days containing the results of the investigation, and any other matters pertinent to said application. The City Clerk-Treasurer shall refer the application to Spokane County Health District, with a request to examine the applicant physically to ascertain if said applicant is free from contagious or infectious disease and to make a written report thereon.

B. If, from said reports and other information, it appears that the applicant is fit and proper; that the applicant is free of infectious or contagious disease; that the statements contained in the application are true; that the applicant has not been convicted of a felony or any crime involving moral turpitude and that the applicant has complied with all the requirements of this chapter, the City Clerk-Treasurer shall issue a license to the applicant; otherwise, the license application shall be denied. (Ord. 144 § 13, 1974)

5.08.130 License – Suspension or revocation – Authority.

The City Council reserves unto itself the power to suspend or revoke any license issued under the provisions of this chapter at any time where:

A. The same was procured by fraud or false representation of facts; or

B. For violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents, or employees; or

C. The conviction of the person holding such license of a felony or any crime involving moral turpitude, or the conviction of any of his servants, agents or employees of a felony or any crime involving moral turpitude; or

D. In the event that it is determined that the further operation of such establishment would be detrimental to the public health or welfare of the citizens of the City. (Ord. 144 § 8, 1974)

5.08.140 License – Suspension or revocation – Grounds.

The following shall be grounds for suspension, revocation or refusal to renew any license of a masseur, masseuse, public massage parlor attendant, or public bathhouse attendant:

A. Fraud or deception in connection with securing the license;

B. Conviction of a felony or any crime involving moral turpitude;

C. Habitual drunkenness or intemperance in the use of narcotics or stimulants;

D. Conduct inimical to the public health or welfare. (Ord. 144 § 14, 1974)

5.08.150 License – Suspension or revocation – Hearing requirements.

If the City Council determines that there may exist any of the causes for suspension or revocation of a license issued under the provisions of this chapter as set out in AHMC 5.08.130 and 5.08.140, then the Council shall cause notice to be given to any such licensee that a hearing will be held by the City Council to determine whether or not such license should be suspended or revoked. Such notice must be given by personal service on the licensee or by United States mail, postage prepaid, addressed to such licensee at his last address as shown by the City’s records and must specify the grounds or reasons alleged as cause for the suspension or revocation of the license. Notice of the hearing must be served personally or mailed at least seven days prior to the date of the hearing. At the hearing before the Council, the Council shall hear evidence for and against suspension or revocation of the license; the licensee shall be entitled to be represented by counsel and to call witnesses in his own behalf, and both the City and the licensee shall be entitled to cross-examine witnesses for the adverse party called to testify. Should the Council, after hearing, determine by a preponderance of the evidence that cause exists, under either AHMC 5.08.130 or 5.08.140, to suspend or revoke such license, then the Council may order that such license be suspended for a period not to exceed six months, or the Council may order such license be revoked. (Ord. 144 § 15.1, 1974)

5.08.160 Operation when license suspended unlawful.

It is unlawful for any person whose license has been so suspended to perform any acts or to conduct any business for which a license is required under this chapter during the period of suspension. (Ord. 144 § 15.2, 1974)

5.08.170 Operation when license revoked unlawful.

It is unlawful for any person whose license has been so revoked to perform any acts or to conduct any business for which a license is required under this chapter at any time. (Ord. 144 § 15.3, 1974)

5.08.180 Business hours.

No public massage parlor or public bathhouse shall conduct business after the hours of 2:00 a.m., or prior to the hour of 8:00 a.m. (Ord. 144 § 10, 1974)

5.08.190 Condition of premises.

The premises and equipment of all public massage parlors and public bathhouses shall be maintained in a clean, safe and sanitary manner. (Ord. 144 § 9, 1974)

5.08.200 Consumption or distribution of liquor prohibited.

“Liquor,” as the term is defined in the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on the premises of any public massage parlor or public bathhouse. (Ord. 144 § 17, 1974)

5.08.210 Advertising without license unlawful.

It is unlawful to advertise the giving of massage treatments or public baths by a person or in an establishment not licensed or otherwise qualified pursuant to this chapter. (Ord. 144 § 11, 1974)

5.08.220 Operation continuance when.

Notwithstanding the provisions of AHMC 5.08.020, 5.08.030 and 5.08.210, any public massage parlor or public bathhouse which is in operation within the City, and any employee of such establishment on such date, and any masseur, masseuse, public massage parlor attendant, or public bathhouse attendant actually actively engaged in such occupation within the City on February 4, 1974, the date of enactment of the ordinance codified in this chapter, shall be permitted to continue such operation, such employment, or such occupation for a period not to exceed 60 days from the effective date of the ordinance codified in this chapter; provided, that application for licensing of such establishment, employee or person, in accordance with the provisions of this chapter, is filed with the City Clerk-Treasurer no later than 10 days after the effective date of the ordinance codified in this chapter; and provided, further, that during said 60-day period the provisions of AHMC 5.08.130, 5.08.140 and 5.08.200 shall be applicable to such establishments. (Ord. 144 § 20, 1974)

5.08.230 Violation – Penalty.

Any person convicted of a violation of this chapter shall be guilty of a misdemeanor, and shall be punished according to the provisions of Chapter 1.16 AHMC. (Ord. 144 § 18, 1974)