Chapter 5.45
MASSAGE BUSINESSES, MASSAGE PRACTITIONERS AND PUBLIC BATHHOUSES
Sections:
5.45.040 License application and issuance.
5.45.050 Standards for denial of license.
5.45.060 Operating requirements – Massage business or public bathhouse.
5.45.070 Location of establishment – Transfer of licenses and change of location.
5.45.080 Operating requirements for safety and sanitation.
5.45.090 Standards of conduct.
5.45.100 Suspension or revocation of license.
5.45.010 Definitions.
For the purpose of this chapter, the following terms, words and phrases shall have the following meanings:
A. “Corporation” means a partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
B. “Corporation members” means partners, directors, officials, officers, shareholders, employees, members or managers of the corporation; independent contractors who perform services for the corporation; and any person who has an ownership, management or other interest in the corporation.
C. “Genitals” includes genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
D. “Massage” means the treatment of a human body by another by the external manipulation or pressure of soft tissue. Massage includes reflexology, rubbing, kneading, touching, stroking, compressing, gliding, shaking, stretching, or tapping by manual means as they relate to massage with or without the aids of superficial heat, cold, water, lubricants, or salts.
E. “Massage business” means the operation of a business where massages are given.
F. “Massage practitioner” means any person engaged in the practice of massage.
G. “Public bathhouse” means any place where baths or facilities for baths of any kind whatsoever are given or furnished, and the term shall include but not be limited to: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; hot tubs; and baths by hot air, steam, vapor, water or electric cabinet; provided, that such term shall not include ordinary tub or shower baths where an attendant is not required.
H. “Reflexology” means a health care service that is limited to applying alternating pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities, feet, hands, and outer ears based on reflex maps. Reflexology does not include the diagnosis of or treatment for specific diseases, or joint manipulations. [Ord. 16-0425 § 1 (Exh. A).]
5.45.020 General provisions.
Unless otherwise specified, the general licensing provisions of Chapter 5.05 KMC shall apply to this chapter. [Ord. 16-0425 § 1 (Exh. A).]
5.45.030 License required.
A. Massage Business or Public Bathhouse. It is unlawful for any person or corporation to conduct, operate or maintain a massage business or public bathhouse without a current and valid license issued in accordance with Chapter 5.05 KMC and this chapter. A renewal of a license shall be handled and processed as a new application for a license.
B. Massage Practitioner. It is unlawful for any person to give a massage without a current and valid license issued in accordance with Chapter 5.05 KMC and this chapter. A renewal of a license shall be handled and processed as a new application for a license.
C. Exemptions. This chapter shall not apply to:
1. An individual giving massage in the individual’s home to members of the individual’s immediate family.
2. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists who are duly licensed or certified to practice their respective professions in the State of Washington.
3. Persons practicing massage under the direct supervision of physicians, surgeons, chiropractors, osteopaths, or physical therapists duly licensed by the State of Washington. “Direct supervision” means that the massage is given on the premises of or in the presence of such physicians, surgeons, chiropractors, osteopaths, or physical therapists.
4. Nurses, nurse practitioners and practical nurses who are duly licensed or registered to practice their respective services in the State of Washington.
5. Cosmetologists, hair designers, barbers, manicurists and estheticians who are duly licensed to practice their respective services; provided, that such services as are practiced are within their authorized and licensed scope of practice.
6. Massage practiced at the athletic department of any institution maintained by the public funds of the State, or any of its political subdivisions.
7. Massage practiced at the athletic department of any school or college accredited by the Northwest Association of Secondary and Higher Schools. [Ord. 16-0425 § 1 (Exh. A).]
5.45.040 License application and issuance.
A. Massage Business or Public Bathhouse. In addition to the application requirements of Chapter 5.05 KMC, all applications for a massage business or public bathhouse license, or renewal thereof, shall:
1. Be certified as true under penalty of perjury;
2. For corporations, state the names, addresses, telephone numbers, and Social Security numbers of all corporation members, specifying the status of each;
3. For a massage business, submit copies of current and valid licenses issued by the State of Washington for all massage practitioners who are corporation members or who provide or will provide massages; and
4. Submit copies of loan documents and leases relating to the business, if requested by the city manager.
The city manager shall refer applications to the city police department and may refer applications to the King County Department of Health, the Northshore Fire Department, and any other City departments deemed appropriate by the city manager, with a request to inspect the proposed business premises or business premises, as applicable, with regard to its sanitary and safety conditions and to submit a written report thereon; provided, that an application for a massage business conducted in the applicant’s home shall not be referred to the Northshore Fire Department.
B. Massage Practitioner. In addition to the application requirements of Chapter 5.05 KMC, all applications for a massage practitioner’s license, or renewal thereof, shall:
1. Be certified as true under penalty of perjury;
2. Contain a letter from the owner of the massage business indicating an intent to employ the applicant; and
3. Contain a copy of a current and valid massage practitioner license issued by the State of Washington.
C. The city police department or designee may perform a background check on the applicant and any corporation members, in accordance with the procedures of the city police department. [Ord. 16-0425 § 1 (Exh. A).]
5.45.050 Standards for denial of license.
A. Massage Business or Public Bathhouse License.
1. In addition to the reasons for approval or denial of a license stated in Chapter 5.05 KMC, the city manager may deny any new application for or renewal of a massage business or public bathhouse license if the city manager determines that the applicant has:
a. Made any material misstatement in the application;
b. Proposed a place of business or an establishment to be licensed which would not comply with all applicable requirements of this code; or
c. Within three years prior to the date of the application, the applicant or any corporation member:
(1) Failed to comply with the standards of conduct or operating requirements of this chapter in connection with a massage business or public bathhouse in the City;
(2) Had any convictions or bail forfeitures which have a direct connection with operating a massage business or public bathhouse, including but not limited to theft, controlled substances, prostitution, promoting or permitting prostitution, sexual offenses, consumer fraud, or obscenity;
(3) Had a massage business or public bathhouse license suspended or revoked by the City pursuant to KMC 5.45.100, or its predecessor code section, or by any other jurisdiction; or
(4) Received penalties pursuant to RCW 18.108.035.
B. Massage Practitioner License.
1. In addition to the reasons for approval or denial of a license stated in Chapter 5.05 KMC, the city manager may deny any new application for or renewal of a massage practitioner license if the city manager determines that the applicant has:
a. Made any material misstatement in the application; or
b. Within three years prior to the date of application, the applicant/licensee:
(1) Failed to comply with the standards of conduct or operating requirements of this chapter;
(2) Had any convictions or bail forfeitures which have a direct connection with the licensed activity including, but not limited to, theft, controlled substances, prostitution, sexual offenses, consumer fraud or obscenity;
(3) Had a massage practitioner license suspended or revoked by the City pursuant to KMC 5.45.100, or its predecessor code section, or by any other jurisdiction; or
(4) Received penalties pursuant to RCW 18.108.035.
C. Effect of License Denial. If the denial is based on conviction of a felony, then the applicant may reapply after two years from the date of denial of the license. If the denial is based on conviction of a misdemeanor or prior suspension or revocation of a license, then the applicant may reapply after one year from the date of denial of the license. If the denial is based on anything other than a felony conviction, misdemeanor conviction, or prior suspension or revocation of a license, then the applicant may reapply after six months or another time period determined by the city manager. [Ord. 16-0425 § 1 (Exh. A).]
5.45.060 Operating requirements – Massage business or public bathhouse.
All massage business and public bathhouse licensees shall:
A. Comply with all applicable laws, ordinances and regulations, including but not limited to safety, sanitation and conduct requirements of KMC 5.45.080 and 5.45.090;
B. Keep business receipts showing the dates of services given, the type of services rendered and the name and license number of the employees rendering the services. These business receipts shall be retained for a period of three years after the dates of the services, and shall be open to inspection by the city police department;
C. Allow any police officer, the city manager, or a representative from the Seattle-King County Health Department or the Northshore Fire Department to enter the premises in accordance with KMC 5.05.110;
D. Equip all doors in the premises (excluding doors in office and storage rooms), unless such doors provide access to service areas, so that they may not be fastened shut in order to prevent reasonable access by such authorities who announce their authority to enter prior to inspection of the premises;
E. Upon request of the city manager, submit a current and valid Washington State massage business license;
F. Post in a prominent place in the premises a list of all services offered, with a brief description of the services and the cost for the services. All business transactions with customers must be conducted in accordance with this posted list;
G. Not distribute or allow consumption of liquor and/or controlled substances in the premises; and
H. Not operate the business between the hours of 10:00 p.m. and 6:00 a.m. [Ord. 16-0425 § 1 (Exh. A).]
5.45.070 Location of establishment – Transfer of licenses and change of location.
A. No massage business or public bathhouse license issued under this chapter shall be transferable from one person or entity to another. Upon the sale or transfer of any substantial interest in a massage business or public bathhouse, the license therefor shall be null and void. A new application shall be made by any person or entity desiring to operate or maintain the establishment and shall include a release of interest statement from the previous licensee and/or a signed lease or rental agreement for the establishment.
B. A massage practitioner license, when issued, shall be valid only for the massage establishment listed on the license; provided, that if the practitioner provides massage solely in the customer’s home, the license will so note and will be valid for such purpose. Before commencing work as a massage practitioner for a new employer, a massage practitioner shall submit a letter from the new employer indicating an intent to employ the practitioner and the practitioner must apply for and receive from the city manager an amendment to his or her license, after paying a transfer fee of $5.00. [Ord. 16-0425 § 1 (Exh. A).]
5.45.080 Operating requirements for safety and sanitation.
Health and sanitary requirements for a massage business or public bathhouse shall include the following, in addition to any requirements of State and other local agencies:
A. Each room or enclosure where massage services are performed on customers shall be provided with adequate lighting in accordance with the City building code, and in addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where services are performed on customers and shall be in operation when such services are performed.
B. The premises shall have equipment for disinfecting and cleaning nondisposable instruments and materials used in administering massage services. Such materials and instruments shall be properly cleaned after each use.
C. Hot and cold running water shall be provided at all times.
D. Closed cabinets shall be provided and used for the storage of all equipment, supplies and clean linens. All used disposable materials and soiled linens and towels shall be kept in covered containers or cabinets, which containers or cabinets shall be kept separate from clean storage cabinets.
E. Clean linens and towels shall be provided for each massage customer. No common use of towels or linens shall be permitted.
F. All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas and all floors shall have surfaces which can be readily cleaned.
G. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets.
H. Shower and/or bathtub, dressing, locker and toilet facilities shall be provided upon request for all customers served at any given time. Upon the request of a customer, the licensee shall provide the customer with facilities to lock or secure personal property. Male and female customers shall not simultaneously use common shower and/or bathtub, dressing, toilet and massage room facilities.
I. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and shall be 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 and properly cleaned after each use.
J. Each massage practitioner shall wash his or her hands in hot running water using soap or disinfectant before and after administering a massage on a customer.
K. No person shall consume food or beverages in massage work areas.
L. Animals, except for trained dog guides or service animals, shall not be permitted in the premises.
M. A person suffering from an infectious or contagious disease shall not be served or treated. A massage practitioner who is suffering from an infectious or contagious disease shall not administer massage services.
N. The massage business or public bathhouse shall continuously comply with all applicable laws, ordinances, and regulations, including but not limited to building, fire or health laws, ordinances and regulations. [Ord. 16-0425 § 1 (Exh. A).]
5.45.090 Standards of conduct.
A. The following standards of conduct/operation must be adhered to by the licensee or corporation member of any massage business or public bathhouse:
1. Any person who provides a massage in the premises must be at least 18 years of age and have a current and valid massage practitioner license issued by the State of Washington and the City;
2. Massage businesses must have at least one massage practitioner who has a current and valid massage practitioner license issued by the State of Washington and the City on the premises at all times during business hours and/or during the presence of customers. Public bathhouses must have a manager or supervisor on the premises at all times during business hours and/or during the presence of customers;
3. Any person who provides a massage in the premises must present documentation that he or she has attained the age of 18 years when an inspection pursuant to this chapter is conducted. Any of the following shall be accepted as documentation of age:
a. A motor vehicle operator’s license issued by any state bearing the massage practitioner’s photograph and date of birth;
b. An identification card issued by the State of Washington which bears the massage practitioner’s photograph and date of birth; or
c. A passport.
4. The corporation member must prohibit any person providing massages from conducting the unlawful acts described in subsection B of this section.
Any violation of this section shall be grounds for suspension or revocation of the massage business or public bathhouse license, as provided for in KMC 5.45.100.
B. It shall be unlawful for any licensee or corporation member to:
1. Intentionally touch or manipulate the genitals of a massage customer;
2. Masturbate or fondle the genital area of a massage customer;
3. Administer a massage to a massage customer, unless in the case of a massage practitioner, the massage practitioner’s sexual and genital body parts are completely covered by opaque clothing; or
4. Administer a massage to multiple customers in the same room or enclosure at the same time.
Any violation of this section shall be grounds for revocation of the massage practitioner license and/or the massage business or public bathhouse license of the massage business or public bathhouse where such actions occurred. [Ord. 16-0425 § 1 (Exh. A).]
5.45.100 Suspension or revocation of license.
A. Massage Business or Public Bathhouse License.
1. In addition to the grounds for suspending or revoking a massage business or public bathhouse license in KMC 5.05.040, the city manager may suspend or revoke such a license on one or more of the following grounds:
a. The licensee, corporation member, or massage practitioner has:
(1) Failed to comply with applicable laws, ordinances, and regulations;
(2) Employed, contracted with, or allowed persons who, within a period of one year, have been convicted of prostitution, consumer fraud, or related crimes stemming from activities conducted on the licensed premises;
(3) Had any convictions or bail forfeitures which have a direct connection with the licensed activity, including, but not limited to, consumer fraud, theft, controlled substances, prostitution, permitting or promoting prostitution, sexual offenses, or obscenity;
(4) Had any violations subject to RCW 18.108.035; or
(5) Failed to comply with or done anything which constitutes a reasonable basis for suspending or revoking the license.
B. Massage Practitioner License.
1. In addition to the grounds for suspending or revoking a massage practitioner license in KMC 5.05.040, the city manager may suspend or revoke such a license on one or more of the following grounds:
a. The licensee has had any convictions or bail forfeitures which have a direct connection with the licensed activity including, but not limited to, theft, controlled substances, prostitution, consumer fraud, obscenity, or sexual offenses;
b. The licensee has had violations subject to RCW 18.108.035; or
c. The licensee has failed to comply with or done anything which constitutes a reasonable basis for suspending or revoking the license.
C. Effect of License Suspension or Revocation. For a suspension or revocation of a license issued under this chapter, the following definitions shall apply:
1. “Suspension” of a license means a suspension of a current and valid massage business or public bathhouse license or a massage practitioner license for a period of up to one year. The applicant’s license shall be automatically reinstituted upon expiration of the suspension period; provided, that during the suspension period, if the license expires, the applicant must reapply after the conclusion of the suspension period.
2. “Revocation” of a license means a revocation of current and valid massage business or public bathhouse license or massage practitioner license for a period of at least one year. The applicant must reapply for a license upon expiration of the revocation period. [Ord. 16-0425 § 1 (Exh. A).]