Chapter 5.96
MASSAGE PARLORS, BODY PAINTING STUDIOS AND PUBLIC BATHHOUSES
Sections:
5.96.050 License—Application and contents.
5.96.060 License—Health authority approval.
5.96.070 Attendant license required.
5.96.080 Attendant license fees.
5.96.090 Attendant license requirements.
5.96.100 Police investigation of employee application.
5.96.110 Attendant license—Health authority approval.
5.96.120 Issuance of licenses.
5.96.130 Liquor and controlled substances.
5.96.150 Duty to report change of employment—Penalty.
5.96.160 Schedule of services and fees.
5.96.180 Minimum age of employees.
5.96.190 Unlawful to employ unlicensed person.
5.96.200 Unlawful to admit certain persons.
5.96.210 Advertising unlicensed establishment.
5.96.220 Inspection of premises.
5.96.010 Definitions.
For the purpose of this chapter, the following terms, words and phrases shall have the following meanings:
A. “Massage” means the treatment to the body of another person by rubbing, kneading, hitting or any other manipulation, including the use of equipment, machinery or appliances in connection with the foregoing;
B. “Massage parlor” means any place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration;
C. “Body painting studio” means the operation of a business where paint, powder or similar material is applied to the body of another person with the hands or the use of equipment or appliances in connection with the foregoing;
D. “Public bathhouse” means any place where baths or facilities for baths of any kind whatever are given or furnished and the terms 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 shall not include ordinary tub or shower baths where attendant is not required;
E. “Masseur” or “masseuse” means a person engaged in the practice of massage and shall be referred to herein only as “masseur”;
F. “Body painting studio attendant” means any person who administers to, or performs services for, patrons of a body painting studio or who supervises the work of another person administering to or performing services for such patrons. The term does not include a person who performs only custodial or janitorial work;
G. “Massage parlor attendant” means any person who administers to, or performs services for, patrons of a massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to such patrons. The term does not include a person who performs only custodial or janitorial work;
H. “Public bathhouse attendant” means any person who administers to, or performs services for, patrons of a public bathhouse or who supervises the work or such person. The term does not include a person who performs only custodial or janitorial work. (Ord. 295-74 Ch. 24 § 1, 1974)
5.96.020 Exemptions.
The provisions of this title do not apply to:
A. Persons giving massage treatments in their private residence to members of their immediate family;
B. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations;
C. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study;
D. Massage treatments given by physicians, surgeons, chiropractors, osteopaths, acupuncturists, physical therapists or naturopaths who are duly licensed or certified to practice their respective profession in the state;
E. Nurses who are registered as such under the laws of the state and who act under the direction and control of a duly licensed physician;
F. Massage treatments that are customarily given in beauty salons and barber shops for purposes of beautification when performed by state-licensed beauty operators and barbers;
G. State Licensed Massage Practitioners. For purposes of this chapter, “state-licensed massage practitioner” means a health care professional providing the city clerk with verification of his or her state massage license as provided for in RCW 18.108.030. (Ord. 1803-91 § 1, 1991; Ord. 1769-91 § 1, 1991; Ord. 1475-88 § 1, 1988; Ord. 295-74 Ch. 24 § 2, 1974)
5.96.030 License required.
It is unlawful to conduct, operate, or maintain a massage parlor, body painting studio, or public bathhouse unless such establishment or premises are licensed as provided in this chapter. (Ord. 295-74 Ch. 24 § 3, 1974)
5.96.040 License fees.
The fee for such license and renewal of same, as required by Section 5.96.030, is fixed in the sum of two hundred twenty-five dollars per year. Such fee is not refundable. The purpose of such fee shall be as follows:
A. The chief of police’s investigation of the applicant and the statements made in the application;
B. The director of community development’s determination of compliance with the zoning code and the building code;
C. The fire marshal’s determination of compliance with regulations of the Fire Prevention Code;
D. The chief of police’s further investigation and inspection of premises defined in this chapter at any reasonable time;
E. The city clerk’s issuance of such license. (Ord. 295-74 Ch. 24 § 4, 1974)
5.96.050 License—Application and contents.
No license or renewal of license to conduct a massage parlor, body painting studio 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, body painting studio or public bathhouse. Such application shall contain the following information, in addition to the application information required in the general provisions:
A. If a corporation, it shall set forth the name, residence address and telephone number of each of its officers, directors and shareholders, and the number of shares held by each. It shall set forth all persons having any interest in the real or personal property at the premises, and any persons sharing in the proceeds of the business;
B. If applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;
C. The principal business of the proprietor of the proposed establishment if a sole proprietorship; if a partnership, the principal occupation of all partners; if a corporation, the principal business enterprises of such corporation, signing the application. (Ord. 295-74 Ch. 24 § 5, 1974)
5.96.060 License—Health authority approval.
No license or renewal of license to conduct a massage parlor, body painting studio, or public bathhouse shall be issued or renewed without first having had such inspection and approval as shall be required by the county health authority having jurisdiction over the matter. (Ord. 295-74 Ch. 24 § 6, 1974)
5.96.070 Attendant license required.
It is unlawful for a person to perform in any establishment defined in this chapter as a masseur, massage parlor attendant, body painting studio attendant or public bathhouse attendant unless that person is licensed as hereinafter provided. (Ord. 295-74 Ch. 24 § 7, 1974)
5.96.080 Attendant license fees.
The fee for such license, as required by Section 5.96.070 is fixed in the sum of ten dollars per year. The fee is not refundable. The purpose of such fee shall be as follows:
A. The chief of police’s investigation of the applicant and the statements made in the application;
B. The city clerk’s issuance of such license. (Ord. 295-74 Ch. 24 § 8, 1974)
5.96.090 Attendant license requirements.
No license or renewal of license to perform as a masseur, massage parlor attendant, body painting studio attendant or public bathhouse attendant shall be issued or renewed except upon written application to the city clerk which shall be signed and sworn to by the applicant. Such application shall contain the following information, in addition to application information required in the general provisions:
A. The true name, home address, telephone number and age of applicant;
B. How long applicant has resided in the city and the previous residence or residences for five years preceding the date of application;
C. Whether the applicant has been convicted of, or forfeited bail to any crime, excluding minor traffic offenses, and if so, state the court, the name of the court in which the case was filed, and the circumstances and disposition of the case;
D. Whether the applicant is suffering, or has in the past suffered, from any contagious or communicable disease;
E. Present and previous occupation or occupations of the applicant for the preceding five years, and the place of employment;
F. The name of the establishment where the applicant intends to work;
G. At the time of applying for said license, the applicant shall furnish a photograph of applicant and be fingerprinted by the police department;
H. All assumed names or aliases which have been or are used by the applicant;
I. Such other information as the city clerk may reasonably require in connection with the application. (Ord. 295-74 Ch. 24 § 9, 1974)
5.96.100 Police investigation of employee application.
Within thirty days after receipt of the employee application, the chief of police shall investigate the statements contained therein and advise the city clerk whether it contains false, misleading or incomplete information. (Ord. 295-74 Ch. 24 § 10, 1974)
5.96.110 Attendant license—Health authority approval.
No license or renewal of license to perform as a masseur, massage parlor attendant, body painting studio attendant, or public bathhouse attendant shall be issued or renewed without first having had such examination and approval as shall be required by the county health authority having jurisdiction over the matter. (Ord. 295-74 Ch. 24 § 11, 1974)
5.96.120 Issuance of licenses.
A. Massage Parlor, Body Painting Studio and Public Bathhouse. If from the information supplied the city clerk it appears that the application and 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 title, the city clerk shall issue a business license to the applicant, otherwise the license application shall be denied.
B. Masseur, Massage Parlor Attendant, Body Painting Studio Attendant, Public Bathhouse Attendant License. If, from the information supplied the city clerk, it appears the applicant does not pose a threat to the health of others, 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 title, the city clerk shall issue a license to the applicant; otherwise, the license application shall be denied.
C. The photograph(s) shall appear on all licenses issued to applicants pursuant to this title.
D. No person shall operate a massage parlor, body painting studio or public bathhouse, or engage in practice as a masseur, massage parlor attendant, body painting studio attendant, or public bathhouse attendant until a license has been approved in the manner specified by this title.
E. No license authorized by this chapter shall be issued to anyone for a period of one year for those premises or locations at which activities or conduct occurred which gave rise to the revocation or suspension of any license authorized by this chapter. The restriction herein shall also be applicable to any person, firm or organization obtaining ownership, occupancy or use of the premises, or location during the pendency of a revocation or suspension proceeding or subsequent to any such license revocation or suspension. (Ord. 335-74 § 1 (5), 1974; Ord. 295-74 Ch. 24 § 12, 1974)
5.96.130 Liquor and controlled substances.
A. Liquor, as that term is defined by the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on any premises under regulation by this title, unless the premises are licensed to serve the same by the Washington State Liquor Control Board.
B. Controlled substances, as defined by the Washington State Uniform Controlled Substances Act, shall not be distributed or consumed on any premises under regulation by this title. (Ord. 295-74 Ch. 24 § 13, 1974)
5.96.140 Hours of operation.
All massage businesses shall be closed, and all service performed therein discontinued, between the hours of three a.m. and eight a.m. (Ord. 295-74 Ch. 24 § 14, 1974)
5.96.150 Duty to report change of employment—Penalty.
Massage parlor attendants, body painting studio attendants, public bathhouse attendants, and masseurs must keep the city clerk informed of any change of employment. Failure to report a change in employment may result in a thirty day license suspension. (Ord. 295-74 Ch. 24 § 15, 1974)
5.96.160 Schedule of services and fees.
A list of all services offered with a brief description of what the service entails, along with the cost for such service, must be posted in a prominent place. All business transactions with customers must be conducted in accordance with the posted list of services. Daily records must be kept of the number of customers, the time of the service, and the amount of money paid by these customers for services, including gratuities. Such records shall be open to inspection by the police department at all reasonable times. (Ord. 295-74 Ch. 24 § 16, 1974)
5.96.170 Prohibited acts.
It is unlawful for any owner, proprietor, manager, employee or agent of any facility to intentionally touch or manipulate the genitals of a customer in any manner, and such activity shall be grounds for revocation of the business license, as well as the employee license, whether the owner knew of, or encouraged the act, or whether the customer requested or acquiesced in the act. (Ord. 295-74 Ch. 24 § 17, 1974)
5.96.180 Minimum age of employees.
It is unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this title to employ in such establishment any person under the age of eighteen years of age and without good moral character. (Ord. 295-74 Ch. 24 § 18, 1974)
5.96.190 Unlawful to employ unlicensed person.
It is unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this title to employ in such establishment, any person who does not have a valid employee license issued pursuant to this title. (Ord. 295-74 Ch. 24 § 19, 1974)
5.96.200 Unlawful to admit certain persons.
It is unlawful for the owner, proprietor, manager or person in charge of any facility regulated by this title or any employee or agent of such establishment to admit anyone under the age of eighteen years of age and permit them to remain in or about such premises, unless such person under the age of eighteen years is accompanied by his or her parent or legal guardian, or to knowingly harbor, admit, receive or permit to be or remain in or about such premises, any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any controlled substance, or any person who, by his conduct on such premises, tends in anyway to corrupt the public morals. (Ord. 295-74 Ch. 24 § 20, 1974)
5.96.210 Advertising unlicensed establishment.
It is unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this title. (Ord. 295-74 Ch. 24 § 21, 1974)
5.96.220 Inspection of premises.
Any person making application for a license under the provisions of this chapter shall be deemed to have given consent to the entry of the premises for which application is made for inspection by any of the officials designated herein to perform such inspection. A refusal of such entry shall result in a denial or revocation of the business license. (Ord. 295-74 Ch. 24 § 22, 1974)