Chapter 10.41
REGULATED ENTERPRISES
Sections:
10.41.010 Bathhouses.
A. Definitions. The following words and terms have the following meanings:
1. “Bathhouse” means any place or portion thereof where baths by water, steam, vapor or hot air, or like treatments, are made available for any fee, compensation, consideration or the expectation thereof; provided, however, that such term shall not include any place providing only ordinary tub or shower baths where no attendant is provided.
2. “Bathhouse employee” means any person who gives baths to, or attends in any way, patrons of a bathhouse, or who supervises the work of such a person or acts in any managerial capacity within any bathhouse; provided, however, that such term shall not include persons who perform only custodial or janitorial work.
3. “Massage” means the method, art or science of treating the human body for hygienic, remedial or relaxational purposes or for the purpose of reducing or contouring the human body, by rubbing, stroking, kneading, tapping, rolling or manipulating the human body or any portion thereof with the hands or by any mechanical or electrical apparatus or other agency or instrumentality.
4. “Massage parlor” means any place or portion thereof where massages or like treatments are performed for any fee, compensation, consideration or the expectation thereof on the body of one person by another person.
5. “Massage parlor employee” means any person who gives massage to, or attends in any way upon, patrons of a massage parlor, or who supervises the work of such a person, or acts in any managerial capacity within any massage parlor; provided, however, that such term shall not include persons who perform only custodial or janitorial work.
6. “Person” means natural persons of either sex, firms, corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee.
B. License—Required. It is unlawful for any person to conduct, operate or maintain a massage parlor or bathhouse or cause a massage parlor or bathhouse to be conducted, operated or maintained without first obtaining a current and valid massage parlor or bathhouse license issued pursuant to the provisions contained in this chapter for the premises thereof. Such license shall be posted in a conspicuous location on the premises of each massage parlor or bathhouse, together with the massage parlor or bathhouse employee licenses of all persons acting as massage parlor employees or bathhouse employees on such premises. One such license shall be required for the premises of each establishment operating as a massage parlor or a bathhouse and such license shall permit the giving of massages or baths or both on such premises.
C. License—Application—Information Required. Application for a massage parlor license or bathhouse license shall be made to the city clerk of the city of Centralia or her duly authorized representative and shall be accompanied by the payment of the fee designated in subsection (G) of this section. The chief of police of the Centralia police department, or his duly authorized representative, shall investigate each such application and report the results of such investigation to the city council before issuance of any license issued under this chapter. Each application for a massage parlor or bathhouse license shall be signed and sworn to by the person who will conduct, operate or maintain such establishment and shall be accompanied by two black and white photographs of the applicant, two inches by two inches in size and taken within six months of the application, showing only the full face of the applicant, one of which shall be affixed to the license when it is issued, and two complete sets of fingerprints of the applicant. Each application shall be in writing and shall contain the following information:
1. The name, home address and telephone number of the applicant and of all persons named under subsections (C)(3) and (4) of this section;
2. The business name, business address and telephone number of the establishment or proposed establishment, and a description of the premises on which the business will be conducted;
3. The names of all persons owning an interest in such business or proposed business, including any corporate stockholders, and whether such business will be conducted as a sole proprietorship, partnership or corporation; if a partnership, giving the names of all persons sharing in the profits of said business, and, if a corporation, giving the names of its officers and directors and the title of each;
4. The names of all persons who will act as proprietor, manager or person in charge of such business or proposed business;
5. The prior residences of the applicant and of all persons named under subsections (C)(3) and (4) of this section for the past five years, together with the period of residence at each such address;
6. The age of the applicant and of all persons named under subsections (C)(3) and (4) of this section;
7. Whether the applicant or any person named under subsections (C)(3) and (4) of this section have ever been convicted of any crime or have ever forfeited a bond to appear in court for any crime, excluding minor traffic offenses, and if so, stating what crime, the date of conviction or forfeiture and the circumstances and disposition of the case;
8. The occupation and business name and business address of all prior employers of the applicant and of all other persons named under subsections (C)(3) and (4) of this section during the past five years, and the nature of the work performed for each of such employers;
9. All assumed names or aliases which have been or are used by the applicant and by all persons named under subsections (C)(3) and (4) of this section;
10. Such other information as the chief of police of the Centralia police department or his duly authorized representative may reasonably require for the administration of this chapter.
D. Employee License—Required. It is unlawful for any person to act as a massage parlor employee or a bathhouse employee or to hold himself out as a massage parlor employee or a bathhouse employee or to administer or offer or agree to administer any massage or bath for any fee, compensation, consideration or the expectation thereof without first obtaining a current and valid massage parlor employee license or bathhouse employee license issued pursuant to the provisions contained in this chapter, which shall be posted as required by subsection (B) of this section. It is unlawful for any owner, proprietor, manager or person in charge of any massage parlor or bathhouse to allow any person to act as a massage parlor employee or a bathhouse employee who has not first obtained such license. One license shall be required for a massage parlor or bathhouse employee, and such license shall permit activities as a massage parlor employee or bathhouse employee or both.
E. Employee License—Application—Information Required. Application for a massage parlor or bathhouse employee license shall be made to the city clerk of the city of Centralia or her duly authorized representative and shall be accompanied by payment of the fee designated in subsection (G) of this section. Each application for a massage parlor or bathhouse employee license shall be signed and sworn to by the person so applying, and shall be accompanied by two black and white photographs of the applicant two inches by two inches in size and taken within six months of the application, showing only the full face of the applicant, one of which shall be affixed to the license when it is issued, and two complete sets of fingerprints of the applicant. Each application shall be in writing and shall contain the following information:
1. The name, home address, telephone number and age of the applicant;
2. The prior residences of the applicant for the past five years, together with a period of residence at each such address;
3. Whether the applicant has ever been convicted of any crime or has forfeited a bond to appear in court for any crime, excluding minor traffic offenses and, if so, stating what crime, the date of conviction or forfeiture and the circumstances and disposition of the case;
4. The business name, business address and telephone number of the establishment at which the applicant will be employed;
5. The occupation and business name and business address of all prior employers of the applicant during the five years preceding the application and the nature of the work performed for each of such employers;
6. All assumed names or aliases which have been or are used by the applicant;
7. Whether the applicant will be acting as a proprietor, manager or person in charge of any massage parlor or bathhouse;
8. Such other information as the chief of police of the Centralia police department or his duly authorized representative may reasonably require for the administration of this chapter.
F. Licenses—Temporary. The city council of the city of Centralia or its duly authorized representative, may, for good cause shown, issue a temporary massage parlor or bathhouse license or massage parlor or bathhouse employee license, to be effective for not more than thirty days upon initial application for such license.
G. License—Fees. The fee for a massage parlor or bathhouse license shall be fixed in the sum of one hundred dollars per year upon initial application, and in the sum of twenty-five dollars per year for the renewal thereof, which shall be tendered at such time as application is made for the issuance or renewal of such license.
H. Employee License—Fees. The fee for a massage parlor or bathhouse employee license shall be fixed in the sum of fifty dollars per year upon initial application, and in the sum of twenty-five dollars per year for the renewal thereof, which shall be tendered at such time as application is made for the issuance or renewal of such license.
I. Licenses—Fees Subsequent to July 1st. The fee for all licenses issued pursuant to this chapter subsequent to July 1st of each calendar year shall be one-half of the fee designated in subsection (G) or (H) of this section.
J. License—Fee—Waiver Authorized When. The fee for a massage parlor or bathhouse employee license or for the renewal of such license as designated by subsection (H) of this section shall be waived in the event that the applicant for such license shall have applied for a massage parlor or bathhouse license as the person who will conduct, operate or maintain such establishment, and shall have paid the fee designated by subsection (G) of this section.
K. Licenses—Expiration. Licenses issued pursuant to this chapter shall be valid only until the first day of the following calendar year and may be renewed annually by filing an application for renewal with and paying the fee designated in subsections (G) through (J) of this section to the city clerk of the city of Centralia or her duly authorized representative.
L. Exemptions. The provisions of this chapter shall not apply to the following persons and circumstances and they are hereby exempted therefrom:
1. An individual giving a massage or bath in his home to members of his immediate family;
2. Massages or baths given solely by or at the direction of a physician or other person licensed by the state of Washington to treat the sick, injured or infirm;
3. Massages or baths given at any institution maintained by the public funds of the state of Washington or of any of its political subdivisions or of the United States;
4. Massages or baths given at the athletic department of any accredited school or college;
5. Massages or baths given by persons licensed to practice barbering or beauty culture; provided, that they do not exceed the scope of their license; or
6. Any benevolent, philanthropic, patriotic, eleemosynary, educational, social, recreational or fraternal organization, or any other person or organization having or purporting to have a charitable nature which are registered as a charitable organization under the Charitable Solicitations Act, Chapter 19.09 RCW.
M. License—Denial, Suspension or Revocation—Conditions. The city council of the city of Centralia may refuse issuance of the massage parlor or bathhouse license, and may order the suspension or revocation of such license upon its finding after such investigation or hearing as it deems necessary that:
1. Such license was issued illegally or by mistake or inadvertence or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts or that any of the material facts contained in the application for such license are false; or
2. Any person owning an interest or sharing in the profits of such business, including any corporate stockholders, or, if a corporation, any officer or director thereof, or any person acting as proprietor, manager or person in charge of such business:
a. Has been convicted within the past five years of any felony or of any violation of any federal, state or local law relating to sex offenses, or of any act or omission in violation of this chapter or ordinance amendatory thereof, or of any crime involving moral turpitude or has forfeited a bond to appear in court for any of the foregoing offenses, or
b. Has been guilty of any act or omission in violation of this chapter or ordinance amendatory thereof or any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the management, of massage parlors or bathhouses, or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business or which is lewd or dissolute, or
c. Was previously sharing in the profits of any massage parlor or bathhouse, or, if a corporation, was acting as officer or director thereof or was acting as proprietor, manager or person in charge of such business at a time when any license issued pursuant to this chapter for such business was revoked; or
3. Any servant, agent, employee or representative of such business has been guilty of any act or omission while on the premises of such business which is in violation of this chapter or ordinance amendatory thereof or of any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the fitness of such person to engage in such business or of any act or default which is discreditable to such business or which is lewd or dissolute; if:
a. The circumstances surrounding any of the foregoing acts or omissions are such as to establish a lack of adequate supervision or control or are such as to establish that such act or omission was knowingly allowed by any person sharing in the profits of said business, or, if a corporation, any officer or director thereof, or of any person acting as proprietor, manager or person in charge of such business, or
b. In any event if three or more acts or omissions have occurred on the premises of such business within a period of two years; or
4. Such denial, suspension or revocation is necessary to protect the public safety, morals or welfare, or the operation of such business would be detrimental thereto or in violation of any federal, state or local law.
N. Licensee, Owner and Stockholder Responsibility. The holder of any massage parlor license or bathhouse license and all persons owning an interest or sharing in the profits of such business, including any corporate stockholders, and, if a corporation, all officers and directors thereof, and all persons acting as proprietor, manager or person in charge of such business shall be held strictly liable and shall be responsible and accountable for any act or omission of any servant, agent, employee or representative of such business as provided by subsection (C)(3) of this section, if such acts or omissions establish a lack of adequate supervision or control or were knowingly allowed or have occurred three or more times within a period of two years.
O. Employee License—Denial, Suspension or Revocation Conditions. The city council of the city of Centralia may refuse issuance of any massage parlor or bathhouse employee license, and it may order the suspension or revocation of such license upon its finding after such investigation or hearing as it deems necessary that:
1. Such license was issued illegally or by mistake or inadvertence, or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of any of the material facts, or that any of the material facts contained in the application for such license are false; or
2. The applicant or holder of such license has been convicted within the last five years of any felony or of any violation of federal, state or local law relating to sex offenses, or of any act or omission in violation of this chapter or ordinance amendatory thereof, or of any crime involving moral turpitude, or has forfeited a bond to appear in court for any of the foregoing offenses; or
3. The applicant or holder of such license has been guilty of any act or omission in violation of this chapter or ordinance amendatory thereof, or of any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths, or to the management of massage parlors or bathhouses, or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business or which is lewd or dissolute; or
4. The applicant or holder of such license has previously had a license issued pursuant to this chapter which has been revoked; or
5. The applicant or holder of such license has acted in a manner which endangers the public health, safety, morals and welfare while on the premises of any massage parlor or bathhouse, or that issuance of such license would be detrimental thereto or in violation of any federal, state or local law.
P. Appeal Procedures. Any applicant who has duly made application for a license under the provisions of this chapter and has been denied such license, or any person holding a license which is revoked or suspended under the provisions of this chapter, may file a petition with the Centralia city clerk demanding a hearing before the Centralia city council for the purpose of contesting such denial, revocation or suspension; provided, that such petition must be filed within twenty days following notification of such denial, revocation or suspension. Such denial, revocation or suspension shall be stayed upon the filing of such a petition pending the final determination of the Centralia city council as provided in this chapter. In the event such petition is filed, the Centralia city council shall set a date, no less than twenty days following the mailing of notice thereof for a hearing, of which all interested parties shall be notified. All evidence bearing on the question of whether such denial, suspension or revocation is proper under the provisions of this chapter may be received at the hearing. If the Centralia city council shall determine upon such hearing that such denial, suspension or revocation is not proper under the provisions of this chapter it shall cause the license to be issued or reinstated forthwith. If the Centralia city council shall determine upon such hearing that such license should be denied, suspended or revoked under the provisions of this chapter, it shall issue such order in writing. An appeal from such order may be made in the superior court of Lewis County in the manner provided under the general laws of the state of Washington.
Q. Licenses—Transfer Prohibited. Licenses issued pursuant to this chapter shall not be assigned or transferred from one holder to another.
R. Licenses—Alteration Prohibited. It is unlawful to alter or tamper in any way with a license which has been issued pursuant to the provisions of this chapter.
S. Advertising Prohibited When. It is unlawful for any person to place an advertisement for the giving of massages or baths in any establishment or by any person unless such establishment and person are first duly licensed in accordance with the provisions contained in this chapter.
T. Employee Place of Employment—City Notification Required. It is unlawful for any person to act as a massage parlor or bathhouse employee without first notifying the chief of police of the Centralia police department or his duly authorized representative and the city clerk of the city of Centralia or her duly authorized representative in writing of the business name, business address and telephone number of the establishment or establishments at which said person is employed. Any massage parlor or bathhouse employee changing the location of his employment shall first notify the chief of police and city clerk of the city of Centralia or their duly authorized representatives in writing of such change.
U. Relocation of Premises—City Notification Required. The premises of a massage parlor or bathhouse may be relocated only if the chief of police and city clerk of the city of Centralia or their respective duly authorized representatives are notified in writing of the relocation ten days in advance thereof.
V. Off-Premises Massage or Bath Prohibited When. It is unlawful for any person to administer a massage or bath for which any fee, compensation or consideration is given or promised or to hold himself out as administering such massage or bath unless such massage or bath is administered or to be administered at a location and upon premises for which a current and valid massage parlor or bathhouse license has been issued.
W. Business Hours. It is unlawful to conduct business in a massage parlor or bathhouse between the hours of two a.m. and six a.m.
X. Employee—Age Restriction. It is unlawful for the owner, proprietor, manager or person in charge of any massage parlor or bathhouse or any employee of such place to employ any person in such place who is not at least eighteen years of age. It is unlawful for any person under such age to act as a massage parlor employee or a bathhouse employee.
Y. Safety and Sanitation. The premises of all massage parlors and bathhouses shall be maintained in a manner consistent with all public health codes.
Z. Liquor and Drugs Prohibited—Exception. It is unlawful to consume any alcoholic beverages or liquor or use any drug or controlled substance on the premises of any massage parlor or bathhouse, or for the proprietor, manager or person in charge of any massage parlor or bathhouse or any employee of such place to allow the consumption of alcoholic beverages or liquor or the use of any drug or controlled substance on such premises; provided, however, that the provisions contained herein relating to alcoholic beverages or liquor shall not apply to premises which are duly licensed by the Washington State Liquor Control Board.
AA. Police Access. Police officers of the city of Centralia shall have reasonable access at all times to any massage parlor or bathhouse when such officers are visiting the same in the performance of their duties for purposes of investigation, and it is unlawful to deny them such access.
BB. Additional Rules and Regulations. The city council of the city of Centralia or its duly authorized representative shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the general laws of the state of Washington, for the purpose of carrying out the provisions of this chapter and accomplishing its goals, and it is unlawful to violate or fail to comply with any such rule or regulation.
CC. Violation—Penalty. Any person who commits, attempts to commit, conspires to commit, offers or agrees to commit, or aids or abets in the commission of any act or omission which is in violation of the provisions of this chapter, whether individually or in connection with one or more persons, and whether as principal, agent or accessory, or who falsely, fraudulently, forcefully or wilfully induces, causes, coerces, requires, permits or directs others to commit such violation shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding three hundred dollars or by imprisonment in the Lewis County jail for a term not exceeding ninety days, or both such fine and imprisonment in the discretion of the court. (Ord. 1848 § 44, 1995; Ord. 1688 § 17 (part), 1990).
10.41.020 Slaughterhouses.
A. It is unlawful for any person, firm or corporation to create, construct, maintain or use, either for himself or as agent for another, any slaughterhouse within the limits of the city of Centralia.
B. Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five nor more than fifty dollars or by imprisonment for a period of not less than five nor more than thirty days or by both such fine and imprisonment. (Ord. 1688 § 17 (part), 1990).