Chapter 5.14
MASSAGE AND REFLEXOLOGY BUSINESSES
Sections:
5.14.030 GENERAL BUSINESS LICENSE REQUIRED.
5.14.040 LICENSURE OR CERTIFICATION REQUIRED.
5.14.060 DISPLAY OF LICENSE OR CERTIFICATION.
5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL.
5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION.
5.14.090 DENIAL, SUSPENSION AND REVOCATION - PROCEDURE.
5.14.100 ADDITIONAL ENFORCEMENT.
5.14.010 TITLE AND PURPOSE.
The City of Bremerton ("City") recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City serve a legitimate and beneficial purpose in the community.
The City also recognizes that there are some businesses that hold themselves out as massage or reflexology businesses, but employ unlicensed persons to provide massage or reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification.
In addition, these businesses that employ unlicensed or uncertified persons to provide massage and reflexology are frequently used to facilitate the commission of various criminal acts, including but not limited to prostitution.
Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and therapists, and present a threat to the public health, safety, and welfare.
This chapter is intended to inhibit the ability of an individual or business to engage in the practice of providing unlicensed massage and uncertified reflexology, support the legitimate provision of these services by licensed massage therapists and certified reflexologists, enable consumers to more easily identify licensed massage therapists and certified reflexologists, and regulate massage and reflexology businesses in the best interests of the community. (Ord. 5373 §1 (part), 2019)
5.14.020 DEFINITIONS.
For purposes of this chapter, "certified reflexologist," "massage," "massage therapy," "massage business," "massage therapist," "reflexology," and "reflexology business" shall have the meanings set forth in RCW 18.108.010, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. (Ord. 5373 §1 (part), 2019)
5.14.030 GENERAL BUSINESS LICENSE REQUIRED.
It is unlawful to conduct, operate or maintain a massage or reflexology business as an owner or manager without first applying for, receiving and possessing a general business license pursuant to Chapter 5.02 BMC. (Ord. 5373 §1 (part), 2019)
5.14.040 LICENSURE OR CERTIFICATION REQUIRED.
It shall be unlawful for any person to practice or represent himself or herself as a massage therapist or reflexologist in the City without first applying for and receiving a license or certification to practice from the State Department of Health pursuant to RCW 18.108.030, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. Failure to have a license or certification as required by this section shall be a misdemeanor. (Ord. 5373 §1 (part), 2019)
5.14.050 MASSAGE OR REFLOEXOLOGY BUSINESS OWNER OR MANAGER TO ENSURE VALID LICENSE OR CERTIFICATION - VIOLATION.
Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor. (Ord. 5373 §1 (part), 2019)
5.14.060 DISPLAY OF LICENSE OR CERTIFICATION.
A licensed massage therapist or a certified reflexologist must conspicuously display their credential in their principal place of business in accordance with RCW 18.108.045, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. If the licensed massage therapist or certified reflexologist does not have a principal place of business or conducts business in any other location, they must have a copy of their credential available for inspection to persons receiving massage or reflexology services or to a City law enforcement officer upon request while performing services within their authorized scope of practice. (Ord. 5373 §1 (part), 2019)
5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL.
To the extent authorized by RCW 18.108.190, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended, City law enforcement personnel shall have the authority to inspect the premises of any business where massages or reflexology services are provided. (Ord. 5373 §1 (part), 2019)
5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION.
If a City official or City law enforcement officer has cause to believe that a massage license or reflexology certification is fraudulent, expired or not issued to a person who represents it to be their license or certification, the City official or City law enforcement officer may require verification of the license or certification. Verification includes, but is not limited to, a comparison of the license or certification with a government issued identification bearing the photograph and date of birth of the license or certification holder. (Ord. 5373 §1 (part), 2019)
5.14.090 DENIAL, SUSPENSION AND REVOCATION - PROCEDURE.
Any application for the issuance or renewal of a general business license issued under this chapter may be denied, or any license issued under this chapter may be suspended or revoked, based on one or more violations of the provisions of this chapter or BMC 5.02.170. The procedures for denial, revocation, and appeal are set forth in BMC 5.02.180. (Ord. 5373 §1 (part), 2019)
5.14.100 ADDITIONAL ENFORCEMENT.
Notwithstanding the existence or use of any other remedy, the City may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provisions of this chapter. (Ord. 5373 §1 (part), 2019)