Chapter 5.36
MASSAGE PARLORS – BATHHOUSES1
Sections
5.36.025 Provisional and general exemptions.
5.36.030 License required – Massage parlor – Public bathhouse.
5.36.040 Application for and renewal of license – Massage parlor – Public bathhouse.
5.36.060 Inspection of premises.
5.36.070 License required – Masseur.
5.36.080 License required – Massage parlor attendant.
5.36.100 Revocation of license.
5.36.010 Definitions.
For the purpose of this chapter, the following terms, words, and phrases shall have the following meanings:
(1) “Massage parlor” means any place where massages or other treatment to the body of another by rubbing, kneading, hitting, or any other manipulation are given or furnished.
(2) “Masseur” also means “masseuse.”
(3) “Public bathhouse” means any place where baths or facilities for baths of any kind whatever are given or furnished and the term shall include but not be limited to: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; baths by hot air, steam, vapor, water, or electric cabinet; provided, that such term does not include ordinary tub or shower baths where an attendant is not required. [Ord. 271 § 1, 1970.]
5.36.020 Exemptions – Appeal.
This chapter does not apply to massage treatments or baths given in a family home where only members of the family are treated; or to massage treatments or baths given in any hospital, doctor’s office, or chiropractor’s office; or by physical therapists licensed by the state who treat patients only on the written prescription of a licensed physician or chiropractor; or to any person granted a provisional or general exemption. [Ord. 906 § 1, 1991: Ord. 271 § 2, 1970.]
5.36.025 Provisional and general exemptions.
The city manager is authorized to grant a provisional exemption to the licensing requirements of this chapter to massage practitioners licensed under the provisions of chapter 18.108 RCW as presently constituted or as may be subsequently amended; provided, the city manager concludes that the business is a bona fide health care facility and is not likely to result in prostitution as defined by Title 9 DMMC. The standards which shall guide the city manager in making this determination shall include the experience of the massage practitioner, the hours of operation, whether massage treatments are given on the basis of physician or chiropractor referral, a report and recommendation by the chief of police based on a background check of the applicant, the location of the proposed business, and references from licensed health care practitioners. A provisional exemption shall be for a period of 12 months. At the conclusion of the 12-month period, the city manager shall have discretion to revoke the provisional exemption, extend the provisional exemption for another 12 months, or grant a general exemption. Any appeal from the decision of the city manager to decline to grant a provisional exemption, revoke a provisional exemption, or extend a provisional exemption, shall be filed with the hearing examiner within 10 days of receipt of the city manager’s written decision in accordance with the provision of the hearing examiner code. [Ord. 906 § 2, 1991.]
5.36.030 License required – Massage parlor – Public bathhouse.
(1) It is unlawful to conduct, operate, or maintain a massage parlor or public bathhouse unless such establishment or premises is licensed as provided in this chapter.
(2) The annual fees for a massage parlor license and for a public bathhouse license shall be set by administrative order of the city manager. [Ord. 454 § 1(K), 1979: Ord. 271 § 3, 1970.]
5.36.040 Application for and renewal of license – Massage parlor – Public bathhouse.
No license or renewal of license to conduct a massage parlor or public bathhouse shall be issued or renewed except upon written application to the city clerk which shall be signed and sworn to by the person who intends to conduct, operate, or maintain a massage parlor or public bathhouse. Such application shall contain the following information:
(1) The true name, home address, and telephone number of the applicant;
(2) The business name, business address, and telephone number of the establishment or proposed establishment;
(3) Whether applicant is a sole proprietorship, partnership, or corporation. If partnership, giving names of all persons sharing in the profits of the business; if corporation, giving the names of its officers, directors, and shareholders, giving title, residence address, and telephone number of each;
(4) How long applicant (or if corporation, its officers) have resided in the county;
(5) If sole proprietorship or partnership, stating whether applicant is of legal age;
(6) Whether the applicant or anyone owning an interest in the business, or proposed business, has ever been convicted of any crime. If so, stating what crime, when and where;
(7) Such other information as the city may require. [Ord. 271 § 4, 1970.]
5.36.050 Issuance and renewal of license – Massage parlor – Public bathhouse – Denial of license – Appeal.
(1) Upon the filing of an application for issuance or renewal of a massage parlor license or public bathhouse license, the city clerk shall refer the same to the chief of police with a request to investigate the statements contained in the application and to furnish a written report containing the results of his investigation and any other matters which might aid the city manager in determining whether such license should be issued. The city clerk shall also refer the application to a health officer of the city with a request to inspect the premises or proposed premises as to its sanitary and physical conditions and to submit a written report thereon. Upon receipt of the foregoing reports the city clerk shall submit the application and the reports to the city manager. If, from the reports and other information, the city manager deems the applicant and premises to be fit and proper, he shall issue or renew the license applied for.
(2) The party making application for issuance or renewal of a license under this chapter may appeal the decision of the city manager in the event the application is denied. An appeal from a denial of a license under this chapter shall be brought within 10 days of such denial to the hearing examiner in accordance with the hearing examiner code. [Ord. 770 § 44, 1988: Ord. 271 § 5, 1970.]
5.36.060 Inspection of premises.
A massage parlor or public bathhouse as licensed in this chapter shall be at all times open to inspection as to sanitary and moral conditions by the health and police departments. [Ord. 271 § 6, 1970.]
5.36.070 License required – Masseur.
It is unlawful for a person to give a massage or other treatment to the body of another by rubbing, kneading, hitting, or any other manipulation in any massage parlor or public bathhouse without having first obtained and being a licensed masseur under regulations of the county, and be registered with the city. [Ord. 271 § 7, 1970.]
5.36.080 License required – Massage parlor attendant.
It is unlawful for a person to operate, to assist in the operation of, to start or stop any mechanical, electrical, or other device used by another for health, physical well-being, or weight-reducing purposes, or to position another using such device in any massage parlor or public bathhouse without having first obtained and being a licensed massage parlor attendant or a masseur under regulations of the county, and be registered with the city. [Ord. 271 § 8, 1970.]
5.36.090 Registration.
Masseurs and massage parlor attendants shall register with the city clerk and shall pay an annual registration fee to be set by administrative order of the city manager. This registration shall be valid only in the year in which it is issued. [Ord. 454 § 1(L), 1979: Ord. 271 § 9, 1970.]
5.36.100 Revocation of license.
In addition to the general business license revocation provisions of DMMC 5.04.060, the city manager shall revoke a license issued under the authority of this chapter upon conviction in the Municipal Court of an owner, shareholder, partner, manager, employee, servant, or agent of the licensee or the business for which the license has been granted of a violation of DMMC 9.76.050, which prohibits acts of prostitution; provided, that such conduct has occurred on the premises for which the license is granted. Lack of knowledge or lack of encouragement of the violation of DMMC 9.76.050 by the licensee shall be immaterial to the determination of revocation and shall not be a defense. The licensee is strictly liable for all such acts committed on such premises. The licensee shall have the right to appeal such revocation; provided, that such appeal is taken in compliance with chapter 5.04 DMMC, related to revocation of general business licenses. [Ord. 761 § 1, 1988.]
For statutory provisions on massage practitioners, see chapter 18.108 RCW.