Chapter 5.72
MASSAGE BUSINESSES AND PRACTITIONERS
Sections:
5.72.050 Massage practitioner’s licenses.
5.72.070 Police investigation.
5.72.080 Issuance and denials of licenses.
5.72.090 Nontransferability of licenses.
5.72.100 Operating rules and regulations.
5.72.110 Inspection of massage premises.
5.72.120 Grounds for denial, suspension or revocation of licenses.
5.72.010 Purpose.
The purpose of this chapter is to supplement Chapter 18.108 RCW for the regulation of massage businesses and practitioners. Such regulation is found to be necessary for the elimination of the injurious effects upon public health, safety and welfare which are caused by practices customarily associated with massage businesses (Ord. 1472, 1986).
5.72.020 Definitions.
In this chapter, unless the context otherwise requires, the following meanings shall apply:
(1) “Massage” means the treatment of the superficial parts of the body, with or without the aid of soaps, oils or lotions, by rubbing, touching, stroking, tapping and kneading, including the use of equipment, machinery or appliances in connection with the foregoing;
(2) “Massage business” means an operation or premises where massages are provided on a commercial basis;
(3) “Massage practitioner” means a person engaged in the practice of massage. (Ord. 1472, 1986).
5.72.030 Exemptions.
The following businesses or persons are exempt from the application of this chapter:
(1) An individual giving massage to members of his or her immediate family;
(2) The practice of a profession by individuals who are licensed, certified or registered under the laws of the state of Washington and who are performing services within their authorized scope of practice;
(3) Massage practiced at the athletic department of any institution maintained by the public funds of the state of Washington, or any of its political subdivisions;
(4) Massage practiced at the athletic department of any school or college approved by the Washington State Department of Licensing as using recognized national, professional standards. (Ord. 2000 § 1, 1994; Ord. 1697 § 2, 1989; Ord. 1472, 1986).
5.72.050 Massage practitioner’s licenses.
No person shall be employed or perform services as a massage practitioner without first obtaining a massage practitioner’s license from the city. Any such license shall have a term of one year. The annual license fee shall be $25.00. (Ord. 1472, 1986).
5.72.060 License application.
The following items and information shall be required parts of any application for a massage business license or a massage practitioner’s license, or any renewal thereof:
(1) All applicants shall be fingerprinted by the Marysville police department, and shall pay the administrative cost of the same; this requirement may be waived in the case of license renewals.
(2) All applicants shall be photographed by the Marysville police department, and shall pay the administrative cost of the same; this requirement may be waived in the case of license renewals.
(3) All applicants shall be 18 years of age or older.
(4) All applicants for a practitioner’s license shall submit written proof that they have a current massage practitioner’s license issued by the Washington State Department of Licensing.
(5) All applicants shall fully and accurately identify themselves by name, any aliases used for the past five years, birthplace and birth date, and all home addresses for the past five years.
(6) The name and address of all massage businesses which the applicant currently owns or works in, or has owned or worked in for the past five years.
(7) Whether the applicant has been convicted of, or forfeited bail to, any crime, excluding minor traffic offenses, and if so, the name of the court in which the case was filed and the circumstances and disposition of the case.
(8) A statement identifying and explaining any and all discipline taken against the applicant by the Washington State Massage Examining Board.
(9) A written statement from a licensed doctor of medicine certifying that any person applying for a practitioner’s license is in good health and does not suffer from any contagious or communicable disease.
(10) Whether the applicant has failed or refused to qualify for any massage business license or massage practitioner’s license required by any municipal jurisdiction, or whether any such license has been revoked, denied or suspended.
(11) The address of the proposed massage business, or the address where the applicant will be employed.
(12) The percent of customers who will be under 18 years of age; and the percent of customers who will be referrals from physicians with written prescriptions for massage treatment. (Ord. 1697 §§ 1, 3, 4, 1989; Ord. 1472, 1986).
5.72.070 Police investigation.
Within 30 days after receipt of a license application, the city police department shall investigate the statements contained therein and make a written recommendation to the city clerk to grant or deny the license, or to require further information from the applicant. (Ord. 1472, 1986).
5.72.080 Issuance and denials of licenses.
(1) The city clerk shall immediately issue a license upon receiving evidence of the following:
(a) A complete application has been filed in compliance with this chapter;
(b) The police department has recommended that the license be issued;
(c) The compliance officer has granted zoning and building code clearance for the proposed business.
(2) If the city clerk fails or refuses to issue a license within 30 days after a complete application has been filed, or if the police department or compliance officer recommend denial of a license, the matter shall be scheduled for a public hearing before the city council. The applicant shall receive not less than seven days advance written notice of the public hearing, and shall have access to all information which the city staff intends to present to the city council. At the conclusion of the public hearing, the city council shall enter findings of fact and an order granting or denying the license. The decision of the city council shall be final, subject to appeal to the Snohomish County Superior Court within 14 days following such decision. (Ord. 1472, 1986).
5.72.090 Nontransferability of licenses.
(1) A massage practitioner’s license shall be valid for only one person. It is not transferable to any other person.
(2) If a massage practitioner changes his or her place of employment during the term of the practitioner’s license, said license must be returned to the city and reissued showing the name and address of the new place of employment. (Ord. 1697 § 1, 1989; Ord. 1472, 1986).
5.72.100 Operating rules and regulations.
The following operating rules and regulations shall apply to all massage businesses and licensed massage practitioners:
(1) All massage businesses shall be closed, and all services performed shall be discontinued, between the hours of 10:00 p.m. and 6:00 a.m.
(2) Liquor and controlled substances shall not be distributed or consumed on the premises of a massage business.
(3) 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 in all massage businesses. All business transactions with customers must be conducted in accordance with said posted list.
(4) It is unlawful for any owner, proprietor, manager or person in charge of any massage business to employ in such establishment any person under the age of 18 years, or to cause or permit any person to perform services as a massage practitioner who does not have a valid massage practitioner’s license issued by the city.
(5) It is unlawful for any owner, proprietor, manager or person in charge of any massage business, or any agent or employee of such a business, to admit anyone under the age of 18 years of age and to permit them to remain in or about the premises unless such person under the age of 18 years is accompanied by his or her parent or legal guardian, or as a written consent form signed by his or her parent or legal guardian.
(6) It is unlawful for any owner, proprietor, manager or person in charge of any massage business, or any agent or employee of such a business, to knowingly harbor, admit, receive or permit to be or remain in or about the massage business premises, any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any controlled substance.
(7) It is unlawful for any owner, proprietor, manager or person in charge of any massage business, or any agent or employee of such a business, to encourage or permit any person to expose, touch, caress or fondle the genitals, pubic region, anus or female breasts of any other person; or to perform or simulate acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any other sexual acts prohibited by law.
(8) The premises and equipment of a massage business establishment shall be maintained in a clean, safe and sanitary manner, and shall be in full compliance with the requirements of the Snohomish Health District and WAC 308-51-050 and WAC 308-51-060.
(9) A person suffering from infectious or contagious diseases shall not be treated by any licensed massage business or massage practitioner. A massage practitioner who is suffering from infectious or contagious diseases shall not perform any massage services. (Ord. 1697 § 5, 1989; Ord. 1472, 1986).
5.72.110 Inspection of massage premises.
(1) Any city police officer may visit and inspect the premises of a massage business at any time when such premises are open for business. Such inspection shall be limited to the following purposes:
(a) To ascertain whether or not all massage practitioners working on the premises are properly licensed;
(b) To ascertain whether or not the operating rules and regulations specified in this chapter are being complied with in full.
(2) This section shall not be construed to permit the physical, forcible entry by a police officer into any area of a massage business without a search warrant, but refusal to permit inspection, for the purposes set out above, shall be grounds for revocation or suspension of a massage business license. (Ord. 1472, 1986).
5.72.120 Grounds for denial, suspension or revocation of licenses.
(1) The city may deny issuance or renewal of any license authorized under this chapter, or may suspend or revoke any such license, if it finds that the applicant or the licensee, or any manager, officer, director, agent or employee of an applicant or licensee, has caused, permitted or knowingly done any of the following:
(a) Has made any false statement or representation, or has failed to disclose any material information, to the city or to any agent or employee of the city in connection with the license application or the use of said license in a massage business;
(b) Has violated any provision of this chapter;
(c) At any time during the term of a license issued by the city, the licensee fails to maintain a current massage practitioner’s license issued by the Washington State Department of Licensing;
(d) Is operating, or proposes to operate, a massage business which constitutes an adult massage parlor, as defined in Chapter 22A.020 MMC, without complying with the zoning requirements of that chapter.
(2) Any complaint seeking suspension or revocation of a massage practitioner’s license shall be filed with the city clerk and scheduled for a public hearing before the city council. The license holder shall be provided not less than seven days’ advance written notice of the public hearing and shall have access to all written reports or accusations which have been filed with the city clerk. At the conclusion of the public hearing the city council shall enter findings of fact and an order regarding the suspension or revocation of the license in question. Said order shall be final, subject to appeal to the Snohomish County Superior Court within 14 days following such decision. (Ord. 1697 §§ 6, 7, 1989; Ord. 1472, 1986).
5.72.140 Criminal penalty.
Any person who violates any of the provisions of this chapter shall be guilty of a gross misdemeanor. (Ord. 1472, 1986).