Chapter 5.92
PUBLIC BATH HOUSES, BODY SHAMPOO PARLORS
AND BODY ART, BODY PIERCING AND TATTOOING
AND TATTOO PARLORS
Sections:
5.92.030 Public bath houses and body shampoo parlors licenses.
5.92.050 Public bath house manager, assistant manager and attendant licenses.
5.92.060 Body shampoo parlor manager, assistant manager and attendant licenses.
5.92.090 Suspension or revocation of licenses – Notice – Summary suspension or revocation.
5.92.100 Standards of conduct and operation – Public bath house and body shampoo parlor.
5.92.150 Body art, body piercing and tattooing and tattoo parlors.
5.92.010 Definitions.
For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
(1) “Applicant” means the individual or entity seeking a license to operate a public bath house, or body shampoo parlor in the city of Marysville. Upon issuance of a license, the applicant may be referred to as the “licensee.” An applicant shall be considered an “applicant” regardless of the form of its business organization whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be an “applicant” even though its patrons are members, and it characterizes itself as a club, fraternal organization, church, society or otherwise.
(2) “Applicant control person” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the business, based on responsibility for the management of the business.
(3) “Attendant” means an employee or independent contractor who is present at a public bathhouse or body shampoo parlor while a patron’s body is bathed, washed, or shampooed.
(4) “Beginning work” shall mean engaged in activities for a business required to be licensed by this chapter, whether the relationship is deemed between employer and employee or owner and independent contractor.
(5) “Body shampoo parlor” means any place open to the public where an attendant is present and a patron’s body is washed or shampooed. A body shampoo parlor shall not include any barber or beauty salon, medical facility or nursing home facility where a customer or patient may be washed, shaved and/or shampooed.
(6) “Clerk” shall mean the city clerk or deputy city clerk as appointed pursuant to the provisions of Chapter 2.30 MMC.
(7) “Employee” or “independent contractor” means any and all persons, including managers, who work in or at or render any services directly related to the operation of a public bath house or body shampoo parlor.
(8) “Hearing examiner” shall mean the hearing examiner as appointed pursuant to the provisions of Chapter 22G.060 MMC.
(9) “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity at a public bath house or body shampoo parlor. An “assistant manager” shall be that person who, in the absence of the manager or jointly with the manager, shall undertake the duties of the manager as defined by this section.
(10) “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture or other entity or group of persons, however organized.
(11) “Public bath house” means any place open to the public where Russian, Turkish, Swedish, hot air, vapor, electric cabinet or other baths of any kind are given or furnished; provided, that the term “public bath house” shall not include ordinary tub baths where an attendant is not provided; and provided further, that a public bath house shall not include a club organized for athletic purposes, or a country club. (Ord. 2846 § 1, 2010; Ord. 2834 § 1, 2010; Ord. 2451 § 1, 2002; Ord. 2070 § 6, 1996).
5.92.020 License required.
(1) It is unlawful for any person to conduct, manage or operate any of the following businesses unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter: public bath house or body shampoo parlor.
(2) It is unlawful for any manager, assistant manager or attendant to begin work in a public bath house unless such person is the holder of a valid and subsisting license from the city to do so.
(3) It is unlawful for any manager, assistant manager or attendant to knowingly work in or about or to knowingly perform any service related to the operation of an unlicensed public bath house.
(4) It is unlawful for a manager, assistant manager or attendant to begin work in a body shampoo parlor unless the person is a holder of a valid and subsisting license from the city to do so.
(5) It is unlawful for a manager, assistant manager or attendant to knowingly work in or about or to knowingly perform any service directly related to the operation of an unlicensed body shampoo parlor. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.030 Public bath houses and body shampoo parlors licenses.
(1) All applications for either a public bath house or body shampoo parlor license shall be submitted to the clerk in the name of the person or entity proposing to conduct said business and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:
(a) For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver’s license number, if any, Social Security number, if any, and business, mailing and residential address, and business telephone number.
(b) If a partnership, whether general or limited, the names and addresses of all partners; and if a corporation, date and place of incorporation, names and addresses of all shareholders, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
(c) Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for an adult cabaret, adult motion picture theater, adult drive-in theater, adult panoram or bikini club from the city or another city, county or state and, if so, the names and addresses of each other licensed business.
(d) A summary of the business history of the applicant and applicant control persons in owning or operating a public bath house or body shampoo parlor providing names, addresses and dates of operation for such businesses, and whether any business license has been revoked or suspended, and the reason therefor.
(e) For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition.
(f) For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.
(g) Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.
(h) The location and doing-business-as name of the proposed public bath house or body shampoo parlor including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.
(i) Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.
(j) A complete set of fingerprints for the applicant or each applicant control person taken by Marysville police department employees.
(k) A scale drawing or diagram showing the configuration of the premises for the proposed public bath house or body shampoo parlor, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing.
(2) An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
(3) A nonrefundable application fee of $500.00 must be paid at the time of filing an application in order to defray the costs of processing the application. The annual renewal fee shall be $300.00.
(4) Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
(5) If any person or entity acquires, subsequent to the issuance of a license under this chapter, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk, no later than 21 days following such acquisition. The notice required shall include the information required for the original license application.
(6) The public bath house or body shampoo parlor license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed public bath house or body shampoo parlor. The license shall be posted in a conspicuous place at or near the entrance to the public bath house or body shampoo parlor, so that it can be easily read at any time the business is open.
(7) No person granted a license pursuant to this chapter shall operate the business under a name not specified on the license, nor shall any person operate a business licensed under this chapter under any designation or at any location not specified on the license. A separate license shall be required for each type of business covered by this chapter, and a separate license shall be required for each location at which a business covered by this chapter is operated. A license shall be valid for one year, and must be annually renewed.
(8) Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire and community development departments for their investigation and review to determine compliance of the proposed business with the laws and regulations which each department administers. Each department shall, within 30 days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application and submitted with any application for a building permit. A department shall recommend denial of a license under this subsection if it finds that the proposed business is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
(9) A license shall be issued by the clerk within 30 days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of a license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.050 Public bath house manager, assistant manager and attendant licenses.
(1) No person shall work as a manager, assistant manager, or attendant at a public bath house without a manager, assistant manager, or attendant license from the city. Each applicant for a license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee of $100.00 shall accompany the application for a manager or assistant manager. A nonrefundable fee of $25.00 shall accompany the application for an attendant. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications shall be signed by the applicant and certified to be true under penalty of perjury. Each license application shall require the following information:
(a) The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Marysville police department employees, and Social Security number.
(b) The name and address of each business at which the applicant intends to work.
(c) Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
(i) A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
(ii) A state-issued identification card bearing the applicant’s photograph and date of birth;
(iii) An official passport issued by the United States of America;
(iv) An immigration card issued by the United States of America; or
(v) Any other identification that the city determines to be acceptable.
(d) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.
(e) A description of the applicant’s principal activities or services to be rendered.
(f) Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face.
(g) Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
(h) Each person licensed by this section shall provide a copy of his or her license to the manager on duty on the premises where said person works. The manager shall retain the copy of the licenses readily available for inspection by the city at any time during business hours of the public bath house.
(2) The clerk may request additional information or clarification when necessary to determine compliance with this chapter.
(3) A license shall be issued by the clerk within 14 days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.
(4) A license issued under this section shall be valid for one year and must be annually renewed. The annual renewal fee for a manager or assistant manager shall be $75.00. The annual renewal fee for an attendant shall be $20.00. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.060 Body shampoo parlor manager, assistant manager and attendant licenses.
(1) No person shall work as a manager, assistant manager, or attendant at a body shampoo parlor without a manager, assistant manager, or attendant license from the city. Each applicant for a license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee of $100.00 shall accompany the application for a manager or assistant manager. A nonrefundable fee of $25.00 shall accompany the application for an attendant. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications shall be signed by the applicant and certified to be true under penalty of perjury. Each license application shall require the following information:
(a) The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Marysville police department employees, and Social Security number.
(b) The name and address of each business at which the applicant intends to work.
(c) Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
(i) A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
(ii) A state-issued identification card bearing the applicant’s photograph and date of birth;
(iii) An official passport issued by the United States of America;
(iv) An immigration card issued by the United States of America; or
(v) Any other identification that the city determines to be acceptable.
(d) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.
(e) A description of the applicant’s principal activities or services to be rendered.
(f) Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application, showing only the full face.
(g) Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
(h) Each person licensed by this section shall provide a copy of his or her license to the manager on duty on the premises where said person works. The manager shall retain the copy of the licenses readily available for inspection by the city at any time during business hours of the body shampoo parlor.
(2) The clerk may request additional information or clarification when necessary to determine compliance with this chapter.
(3) A license shall be issued by the clerk within 14 days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.
(4) A license issued under this section shall be valid for one year and must be annually renewed. The annual renewal fee for a manager or assistant manager shall be $75.00. The annual renewal fee for an attendant shall be $20.00. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.080 Denials of license.
Should the person seeking a license under this chapter disagree with the clerk’s determination, the applicant must file a notice of nonacceptance with the city attorney’s office within 10 working days of receipt of the notification of denial.
(1) The city shall, within five working days following receipt of the notice of nonacceptance, apply to the superior court for a judicial determination as to whether the applicant’s license was properly denied. The burden of showing that the applicant’s license was properly denied shall rest on the city.
(2) If a preliminary judicial determination sustaining the city’s denial of the subject license is not obtained within five working days from the date the complaint is served, an interim license shall be issued under this chapter by operation of the law. The interim license shall issue in any event if a final judicial determination on the merits is not obtained within 20 days from the date the complaint is filed. In such case, the interim license will remain in effect until a final judicial determination on the merits is reached; provided, however, that any delays caused or requested by the applicant shall be excluded from the above-mentioned 20-day period. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.090 Suspension or revocation of licenses – Notice – Summary suspension or revocation.
(1) The city clerk may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist:
(a) The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk;
(b) The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter;
(c) The applicant, applicant control person, manager, assistant manager, attendant, employee or independent contractor has violated or permitted violation of any of the provisions of this chapter.
(2) The procedure for revoking or suspending a license under this chapter shall be the following: Upon determining that grounds for revocation or suspension exist, the city clerk shall send the licensee a notice of intent to revoke or suspend the license. Such notice shall set forth the grounds for suspension or revocation and schedule a hearing before the hearing examiner. The hearing examiner is hereby specifically authorized to conduct said hearing in accordance with the following procedures (and not the procedures of Chapter 22G.060 MMC):
(a) The hearing shall be held no earlier than three and no later than 10 working days from the date of notice of intent to revoke.
(b) The licensee shall be permitted to present evidence in support of his position at the hearing.
(c) Within two working days after the hearing, the hearing examiner shall notify the licensee in writing of his/her determination and reasons therefor.
(d) Should the licensee disagree with the determination, he/she must file a notice of nonacceptance with the city attorney’s office within 10 working days of receipt of the hearing examiner’s determination.
(e) In the event that a notice of nonacceptance is not filed, the hearing examiner’s determination shall become final and the suspension/revocation shall be given immediate effect.
(3) The city shall, within five working days following receipt of a notice of nonacceptance, file a complaint with the superior court enjoining the licensee from operating his/her business or acting pursuant to his/her license. The burden of proof shall be on the city. The status quo shall be maintained and the clerk’s determination of revocation or suspension shall not be effective until a final judicial determination on the merits affirming the suspension/revocation is rendered. (Ord. 2846 § 2, 2010; Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.100 Standards of conduct and operation – Public bath house and body shampoo parlor.
The following standards of conduct and operation must be adhered to by a public bath house, a body shampoo parlor, and respectively, their employees and independent contractors:
(1) Required on Premises. While open to the public, a licensed manager and/or assistant manager shall be on premises at all times when the facility is open to receive customers.
(2) Nudity. No employee or independent contractor shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals.
(3) Age of Employees. No employee or independent contractor shall be under the age of 18 years. It shall be unlawful for the owner, the manager or assistant manager to knowingly permit or allow any person under the minimum age of 18 years to work or provide services at a public bath house or body shampoo parlor.
(4) Inspections. In order to ensure compliance, public bath houses and body shampoo parlors shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspection shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.120 Misdemeanor.
Any person knowingly violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in MMC 6.03.120. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.130 Inspections.
In order to ensure compliance with this chapter, inspections by city agents and employees during the hours of business operation shall be permitted. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with this chapter. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.140 Severability.
Each provision of this chapter is separate and severable from all other provisions of this chapter. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstances shall not affect the enforcement of the remainder of this chapter to any person or circumstances. (Ord. 2834 § 1, 2010; Ord. 2070 § 6, 1996).
5.92.150 Body art, body piercing and tattooing and tattoo parlors.
(1) All business license applications and fees for body art, body piercing and tattooing and tattoo parlors shall be processed pursuant to Chapter 5.02 MMC and shall comply with all city laws and regulations and all state licensing laws and regulations.
(2) It is unlawful for a manager or an employee or independent contractor to work in a tattoo parlor unless the manager or employee or independent contractor is a holder of a valid and subsisting license from the state and city to do so.
(3) RCW 26.28.085, Applying a tattoo to a minor – Penalty, including all future amendments, additions or deletions, is incorporated and adopted by reference. (Ord. 2834 § 1, 2010).