Chapter 12.40
BATHHOUSES
Sections:
Article I. Generally
Article II. Licenses
12.40.050 License for business required.
12.40.060 License for bathhouse managers.
12.40.070 License for bathhouse attendants.
12.40.080 License – Expiration – Due date.
12.40.100 License applications.
Article III. Regulations
12.40.240 Standards of safety and sanitation.
12.40.250 Standards of conduct/operation.
12.40.260 Internal warning systems prohibited.
Article I. Generally
12.40.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Bathhouse attendant” means any person who administers or performs services to patrons of a public bathhouse or who supervises the work of such persons. The term does not include a person who performs only custodial or janitorial work.
“Conviction” means an adjudication or conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions, and appeals. “Conviction” also means a bail forfeiture and includes all instances in which a plea of nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.
“Genitals” includes, but is not limited to, the pubic area, anus, or perineum of any person, and the vulva or breasts of a female.
“Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving public bathhouses occurring at any place offering public baths.
“Public bathhouse” means any place where baths or facilities for baths are given or furnished, including, where an attendant is present: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; hot tubs; baths by hot air, steam, vapor, water, electric cabinet, or a combination thereof. “Public bathhouse” does not include ordinary tub or shower baths. See also “spa” in FWRC Title 19.
(Ord. No. 14-778, § 8, 11-18-14; Ord. No. 09-600, § 10, 1-6-09; Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-600.)
Article II. Licenses
12.40.050 License for business required.
It is unlawful to conduct, operate or maintain a public bathhouse unless such establishment or premises is licensed as hereinafter provided.
(Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-611.)
12.40.060 License for bathhouse managers.
It is unlawful for any person to manage a public bathhouse without first applying and receiving a bathhouse manager license.
(Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-612.)
12.40.070 License for bathhouse attendants.
It is unlawful for any person to be a bathhouse attendant without first applying and receiving from the city a bathhouse attendant license.
(Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-613.)
12.40.080 License – Expiration – Due date.
(1) Expiration. All licenses issued or renewed under the provisions of this title shall expire on the thirty-first of December of each year.
(2) Due date. All license fees required by FWRC 12.40.090, and pursuant to the Federal Way fee resolution, are payable to the city at least four weeks prior to the opening of public bathhouse.
(3) Pro-ration. The entire annual license fee shall be paid the applicable calendar year regardless of when the application license is made, and shall not be prorated for any part of the except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year.
(4) Failure to renew. Failure to renew shall invalidate the license and all privileges granted to the licensee.
(Ord. No. 09-598, § 5, 1-6-09; Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-614.)
12.40.090 License fees.
(1) Amount of fee. Applicants seeking a license under this title shall submit a completed form as prescribed herein together with a fee as provided in the fee schedule kept on file with the city clerk. Such fees shall be in addition to general business license fees where applicable.
(2) Late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seven working days after the expiration date of such license. The amount of such penalty is fixed as follows:
|
Days Past Due |
Additional Percentage of License Fees |
|
8 – 30 |
25% |
|
31 – 60 |
50% |
|
61 and over |
100% |
(Ord. No. 04-474, § 1, 12-7-04. Code 2001 § 9-615.)
12.40.100 License applications.
(1) Public bathhouse business. All applications for a public bathhouse business license or license renewal shall include the following information:
(a) The name, residence address, residence telephone number, date and place of birth, driver’s license number, and Social Security number of the applicant if the applicant is an individual or tax identification number if the applicant is a corporation or other entity;
(b) The business name, address and telephone number of the establishment;
(c) The names, addresses, telephone numbers and Social Security numbers of any partners, corporate officers, or shareholders who own 10 percent or more of the business or have made any other kind of contribution to the business of the same or greater size, or other persons who have substantial management responsibilities in connection with the business, specifying the interest or management responsibility of each;
(d) The name of the landlord or property owner of the property on which the business is situated.
(2) Bathhouse manager attendant. All applications for a manager or attendant’s license or license renewal shall include the following information:
(a) The applicant’s name, residence address, residence telephone number, date and place of birth, driver’s license number, and Social Security number;
(b) A letter, dated no more than 30 days prior to the date of the submission of the application, from the owner of the business indicating intent to employ the applicant on a specified date;
(c) Written proof that the applicant is 18 years of age or older. Written proof shall mean the following:
(i) A current motor vehicle operator’s license by any state bearing the applicant’s photograph and date of birth; or
(ii) A valid identification card issued by the state of Washington which bears the applicant’s photograph and date of birth; or
(iii) A current passport;
(d) The mailing address and street address of all places within the city of Federal Way at which the bathhouse manager or attendant will provide services. The bathhouse manager or attendant shall notify the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of any such change or addition.
(3) Background checks. All applications submitted pursuant to this title will be submitted to a background check in accordance with the procedures of the Federal Way police department.
(Ord. No. 09-599, § 88, 1-6-09; Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-616.)
Article III. Regulations
12.40.240 Standards of safety and sanitation.
Every bathhouse attendant, bathhouse manager, bathhouse owner and any employee or agent of such an establishment shall comply at a minimum with the following health and sanitary requirements:
(1) If massage services are performed on the premises, the premises shall have equipment for disinfecting and cleaning nondisposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned after each use.
(2) Hot and cold running water shall be provided at all times.
(3) Each patron shall be furnished with an individual clean towel. Towels shall not be reused until they have been washed and sanitized. There shall be adequate storage facilities for towel and mat storage.
(4) All bathtubs, shower stalls, sauna baths, steam or bath areas shall have surfaces which may be readily cleaned. They shall be covered with single-service towels when in use.
(5) Shower and/or bathtub, dressing, locker and toilet facilities shall be provided upon request for all patrons served at any given time. Upon the request of a patron, the licensee shall provide the patron with facilities to lock or secure personal property. Male and female patrons shall not simultaneously use common shower and/or bathtub, dressing, toilet and massage room facilities.
(6) All walls, ceiling, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.
(7) No person shall consume food or beverages in bath areas.
(8) Animals, except for seeing-eye dogs, shall not be permitted in bathhouse establishments.
(9) A person suffering from infectious or contagious disease(s) shall not be treated by any public bathhouse.
(10) All bathhouse businesses shall continuously comply with all applicable building, fire and health ordinances and regulations.
(11) All plumbing shall be installed according to the city’s plumbing code and shall be free of potential cross-connections. All toilet facilities shall be available as required in the city’s plumbing code, applicable to places of assembly.
(12) If any facility contains any swirling water pools where more than one person is immersed, such pools shall be maintained under the same restorations as any public or semipublic pool. Bacterial quality shall not be more than 15 percent of any series of samples, nor more than two consecutive samples of any series of samples collected at times when the pool is in use shall allow the presence of coliform bacteria in any of the five 10-milliliter portions examined. Chlorine residual of 0.4 parts per million in all parts of the pool, while in use will assure acceptable bacteriological standards. Chlorine and pH test limits shall be used routinely to check the chemical makeup of pool water and results are to be recorded on a daily log sheet and kept current at all times.
(13) All exercise equipment and appliances shall be routinely checked for possible structural weaknesses and shall be maintained in a safe and sanitary manner at all times.
(14) All pools must be provided with recirculation and filtering equipment, which equipment shall include a rate-of-flow indicator and a loss-of-head gauge for the backwash filler.
(15) A safety bar or handrail shall be installed in the pool easily accessible to users in every area of the pool. The rooms housing the swirl pool and sauna shall have adequately sized windows for observing users of the facilities.
(16) Any sauna bath or similar facility shall duly post a maximum exposure timetable as suggested by the manufacturer thereof.
(17) Any facilities using ultraviolet exposure rooms in their establishment shall post maximum exposure time.
(Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-651.)
12.40.250 Standards of conduct/operation.
(1) Owner/manager requirements. The following standards of conduct and operation shall be adhered to by the owner, proprietor, manager, attendant, or person in charge of any public bathhouse:
(a) Any person who is employed to be a bath attendant must be at least 18 years of age.
(b) Public bathhouses must have a manager on the premises at all times during the hours open for business and/or during the presence of patrons.
(c) Any person who is employed by a public bathhouse must present documentation that he or she has attained the age of 18 years when an inspection pursuant to this title is conducted. Proper documentation shall be as described in FWRC 12.40.100(2)(c).
(d) Provide that all doors in such premises, excluding doors in the office and storage rooms, unless such doors provide access to service areas, are so equipped that they may not be fastened shut so as to prevent reasonable access by such authorities who announce their authority to enter prior to inspection.
(2) All licensees. The following standards of conduct and operation shall be adhered to by all licensees:
(a) All licensees shall comply with all applicable federal, state and local laws, including all safety and sanitation requirements and the city’s building, fire and zoning codes;
(b) All licensees shall allow any police officer, the mayor or his or her designee, or a representative from the Seattle-King County health department or the Federal Way fire department entry to the premises during the hours the public bathhouse is open for business, upon presentation of proper identification, for purposes of inspecting the premises;
(c) Maintain business receipts showing the date of service(s) given, the type of service(s) rendered and the name and city license number of the employee rendering the service(s). These business receipts shall be retained for a period of three years after the date of the service(s), and shall be open to inspection by the city clerk and the Federal Way police department;
(d) Post in a prominent place a list of all services offered with a brief description of what the service entails along with the costs of such service(s). All business transactions with the customers must be conducted in accordance with the said posted list; and
(e) Not distribute or consume any alcoholic beverages and/or controlled substances on licensed premises.
(3) Minors. It shall be unlawful for the owner, manager, or bathhouse attendant or any employee or agent to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person is accompanied by or presents the written consent of his or her parent or legal guardian.
(4) Prostitution. It shall be unlawful for any owner, manager, bathhouse attendant or any employee or agent to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be performed any act, massage or manipulation in which contact is made with another’s genital areas either by hand, body or by any mechanical device or object, whether it is covered or uncovered, clothed or unclothed, in whole or in part.
(5) Clothing required. It shall be unlawful for any owner, manager, bathhouse attendant or any employee or agent to disrobe or be partially disrobed in the presence of another, other than his or her spouse, while in any facility defined in this title.
(6) Supervision – Inspection. The owner or manager shall have the premises supervised at all times when open for business. Rooms and stalls used for the purpose of massage or where an attendant is provided or present shall be constructed in such a manner as to permit inspection.
(Ord. No. 11-684, § 11, 1-18-11; Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-652.)
12.40.260 Internal warning systems prohibited.
Any business required to be licensed under this title shall not install any device that is designed as an internal warning system.
(Ord. No. 95-230, § 1, 3-21-95. Code 2001 § 9-653.)