Chapter 5.75 SAUNAS, BATHHOUSES AND MASSAGE PARLORS

A. “Body painting” means the application, whether by use of the hands or otherwise, of paint or other similar substance to the body of another person by either a customer or an attendant as defined in this chapter. (Such definition shall also include the observation, viewing, depiction or photographing of body painters.)

B. “Body painting studio” means any premises on which body painting is carried on as a business. Such definition shall expressly exclude any studio which functions as a part of and under the direct supervision of an institution, the curriculum for which is approved by the Office of the State Superintendent of Public Instruction of the state of Washington.

C. “Body painting studio attendant” means any person who administers to or performs for customers of a body painting studio.

D. “Customer” means any person who pays a fee, gratuity or other consideration for the right to paint or be painted, or for the right to be admitted to, permitted to remain upon, or as a condition of remaining upon, any premises operated as a body painting studio. (Such definition shall also include any person who pays a fee, gratuity, or other consideration for the right to observe, view, depict or photograph any act of body painting.)

E. “Person” means any individual, firm, partnership, association, company, or organization of any kind.

F. “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.

G. “Massage parlor” means any place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.

H. “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: Turkish baths; Finnish baths; Russian baths; sauna baths; Swedish baths; baths by hot air, steam, vapor, water or electric cabinets; provided, that such term shall not include ordinary sauna, tub or shower baths where attendant is not required, or provided.

I. “Masseur” or “masseuse” means a person engaged in the practice of massage and shall be referred to herein only as “masseur”.

J. “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.

K. “Public bathhouse attendant” means any person who administers to, or performs services for, patrons of a public bathhouse or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work. (Ord. 1001 § 1, 1975).

5.75.020 Prohibited activity.

A. It shall be unlawful for any person to operate, or suffer to be operated on premises owned by him, any body painting studio, or to knowingly participate in any act of body painting.

B. It shall be unlawful to operate a school within the City of Mountlake Terrace for the purpose of teaching others in the arts of conducting a massage unless any services rendered by students of said school shall be rendered totally without cost to the public for use of the facilities on the premises, without charge for the massage services and without charge for any supervision or other services of any kind rendered to the public while attending said premises.

C. No person shall, for pecuniary compensation or other consideration, furnish or offer to furnish escorts or persons who accompany others to, from or about social affairs.

D. It shall be unlawful to operate a business, or to be employed within such a business within the City of Mountlake Terrace which business shall advertise to the public that said business shall, for valuable consideration, provide to members of the public an escort or escorts or a companion, which escort or companion will for consideration accompany members of the public to public or private places. (Ord. 1001 § 2, 1975).

5.75.030 Permitted activity.

A. Exemptions. When no fee, compensation, or any other monetary consideration is charged or paid, directly or indirectly, for such services, the provisions of this chapter do not apply to:

1. Persons giving massage treatments or baths in a private residence or a private social or athletic club not open to the public generally;

2. Athletic coaches or trainers affiliated with public or private education institutions or athletic organizations;

3. Students enrolled in recognized schools of massage performing such practices of massage as are incidental to their course of study.

The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who treat patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the state of Washington to treat the sick, injured, or infirm, or by any nurse under the direction of a person so licensed.

Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barber shops for purposes of beautification only are also exempt from the provisions of this chapter.

B. License Required – Massage Parlor, Public Bathhouses. It shall be unlawful to conduct, operate, or maintain a massage parlor or public bathhouse unless such establishment or premises be licensed as hereinafter provided. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 MTMC when applicable.

C. Zoning. Zoning shall be Commercial – General (CG).

D. Building Code. All buildings to be included in any license shall be constructed, or, if existing, be brought to full conformance with the International Building Code as adopted by the City of Mountlake Terrace.

E. Additional Requirements for Buildings. Every room shall have a window of not less than 20 square feet in area located in the wall between that room and the access hallway or corridor to permit inspection of the room at any time from the hallway or corridor. Such window shall be kept free of moisture and at no time shall be closed by means of curtains, drapes, frosting or any translucent coating. When ambient humidity make it impractical to maintain clear viewing, “Thermopane” or similar glazing shall be used. Such window areas shall not be required in rooms used exclusively for storage of linens or cleaning supplies or, when enclosed, any shower stall, except that shower stall door may be translucent to a level not more than 50 inches from the floor level with the upper portion clear.

Every room shall be illuminated to a level of not less than five foot-candles when the room, including sauna rooms, are occupied. Use of red, blue, yellow, green or “black light” is not permitted as a source of illumination.

F. Fees – Disbursement. The fee for such license and renewal of same, as required by this chapter shall be the fee as set forth in the current business license ordinance; such fee is not refundable. (Ord. 2764 § 16, 2019; Ord. 1031, 1975; Ord. 1001 § 3, 1975).

5.75.040 Application for and renewal of license – Massage parlor, public bathhouse.

No license or renewal of license to conduct a massage parlor, 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, or public bathhouse and by the owner of said massage parlor or public bathhouse. Such application shall contain the following information:

A. The true name, home address, telephone number, and the age of the applicant.

B. The business name, business address, and telephone number of the establishment or proposed establishment.

C. Whether the applicant is a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth names, addresses and telephone numbers of all persons, whether general or limited partners, sharing in the profits of said business and the respective ownership share of each. If a corporation, it shall set forth the name, residence address and telephone numbers 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.

D. How long applicant (if corporation, its officers, or if partnership, its partners) has resided in the City of Mountlake Terrace. If not a resident of the City of Mountlake Terrace continuously for the last five years, previous addresses during that period shall be given.

E. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted or forfeited bail to any crime, excluding minor traffic offenses. If so, state the charge, the name of the court in which the case was filed, the circumstances and the disposition of the case.

F. If applicant is a sole proprietor or a partnership stating whether the proprietor or the partners are of legal age.

G. 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.

H. Two two-inch by two-inch black and white photographs of the applicant, or in the case of a firm, the party signing the application, taken within six months of the date of the application, showing only the full face of such applicants. The two two-inch by two-inch black and white photographs shall be provided at the applicant’s expense. The license when issued shall have affixed to it such photograph of the applicant or the party signing the application, and such license shall be posted and displayed in a conspicuous place in the establishment where such license is enjoyed, at all times, and such license shall not be tampered with in any manner.

I. All assumed names or aliases which have been or are used by any person whose name appears on the application.

J. Such other information as the City Clerk may reasonably require in connection with the application. (Ord. 1001 § 4, 1975).

5.75.050 Public officials – Duties.

Upon filing of an application under this chapter, the City Clerk shall forward copies to the Police Department, the Planning Director, the Building Director and the Fire Chief, and inspections shall be made within 30 days and a report filed as to compliance with City codes. (Ord. 1001 § 5, 1975).

5.75.060 License required – Masseur, massage parlor attendant, public bathhouse attendant.

It shall be unlawful for any person to perform in any establishment defined in this chapter as a masseur, massage parlor attendant, or public bathhouse attendant unless that person be licensed as hereinafter provided. (Ord. 1001 § 6, 1975).

5.75.070 Fees.

The fee for such license, as required by this chapter, shall be the fee as set forth in the current Business License Ordinance. The fee is not refundable. (Ord. 1031, 1975; Ord. 1001 § 7, 1975).

5.75.080 Application for and renewal of license – Masseur, massage parlor attendant, public bathhouse attendant.

No license or renewal of license to perform as a masseur, massage parlor 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:

A. The true name, home address, telephone number and age of applicant.

B. How long applicant has resided in the City of Mountlake Terrace 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 charge, the name of 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. If the answer is “yes”, state the disease and the date(s) of last treatment for the same.

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 be photographed by the Mountlake Terrace Police Department’s office.

H. All assumed names or aliases which have been or are used by the applicant. (Ord. 1001 § 8, 1975).

5.75.090 Public officials – Investigation.

Within 30 days after receipt of the employee application, the Mountlake Terrace Police Department shall investigate the statements contained therein and advise the City Clerk whether it contains false, misleading or incomplete information. (Ord. 1001 § 9, 1975).

5.75.100 Application for and renewal of license – Masseur, massage parlor attendant, public bathhouse attendant – Health approval.

No license or renewal of license to perform as a masseur, massage parlor attendant, or public bathhouse attendant shall be issued or renewed without first having had such review and approval as shall be required by the Police Department. (Ord. 1001 § 10, 1975).

5.75.110 Clerk to issue licenses.

A. Massage Parlor, and Public Bathhouse License. If from the information supplied to the City Clerk it appears that the application and the 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 chapter, the City Clerk shall issue a business license to the applicant, otherwise the license application shall be denied.

B. Masseur, Massage Parlor Attendant, and Public Bathhouse Attendant License. If, from the information supplied to the City Clerk, it appears that 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 chapter, 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 chapter.

D. No person shall operate a massage parlor, or public bathhouse, or engage in practice as a masseur, massage parlor attendant, or public bathhouse attendant until a license has been approved in the manner specified by this chapter.

E. No massage business license shall be issued for a business premises or the opening of a new business premises by the proprietor of said establishment presently under suspension pursuant to action under this chapter, nor for a period of six months following the date of a revocation pursuant to the terms of this chapter. (Ord. 1001 § 11, 1975).

5.75.120 Denial of license – Hearings.

Any applicant whose application has been denied may, within 10 days following notification of the denial, file a petition for a hearing with the Mountlake Terrace City Council. The City Council shall set a hearing date within 30 days of receiving such request. (Ord. 1001 § 12, 1975).

5.75.130 Hours.

All massage businesses shall be closed, and all service performed therein discontinued between the hours of 12:00 midnight and 9:00 a.m. (Ord. 1001 § 13, 1975).

5.75.140 Duty to report change of employment – Penalty.

Massage parlor attendants, public bathhouse attendants and masseurs must keep the City informed of any change of employment. Failure to report a change in employment may result in a 30-day license suspension. (Ord. 1001 § 14, 1975).

5.75.150 List of services required – Records to be kept.

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 and the time of the service. Such records shall be open to inspection by officers of the City of Mountlake Terrace at all reasonable times. (Ord. 1001 § 15, 1975).

5.75.160 Prohibited activity – Penalties.

A. It shall be 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. A conviction of such activity shall be grounds for revocation of the convicted persons license.

B. Upon receipt of notice of the conviction of any owner, operator, manager or any employee of a massage parlor or sauna parlor or public bathhouse of a violation of this section occurring on the premises of a massage parlor or sauna parlor or bathhouse, the business license of such massage parlor or sauna parlor or public bathhouse shall be suspended for 30 days.

C. Upon receipt of notice of a second conviction of any owner, operator, manager or any employee of a massage parlor or sauna parlor or public bathhouse of a violation of this section occurring on the premises of a massage parlor, sauna parlor or a public bathhouse, the business license of such business shall be revoked. For purposes of this section, “second conviction” shall mean the conviction of any person of the prohibited act (to intentionally touch or manipulate the genitals of a customer in any manner) occurring upon the same premises within one calendar year of a previous conviction of the prohibited act upon said premises. (Ord. 1001 § 16, 1975).

5.75.170 Employees.

It shall be unlawful for any owner, proprietor, manager, or person in charge of any facility regulated by this chapter, to employ in such establishment any person under the age of 18 years.

Persons employed or commissioned as a masseur or massage parlor attendant shall perform all services in suitable clothing of opaque material fitted and worn in a manner which does not tend to arouse the prurient interests of any customer. When a skirt is worn, underclothing is required as part of the required clothing. (Ord. 1001 § 17, 1975).

5.75.180 Unlawful to employ unlicensed person.

It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this chapter, to employ in such establishment, any person who does not have a valid employee license issued pursuant to this chapter. (Ord. 1001 § 18, 1975).

5.75.190 Unlawful to admit certain persons.

It shall be unlawful for the owner, proprietor, manager or person in charge of any facility regulated by this chapter, or any employee or agent of such establishment to admit anyone under the age of 18 years and permit them to remain in or about such premises, unless such person under the age of 18 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. (Ord. 1001 § 19, 1975).

5.75.200 Unlawful to advertise without license.

It shall be unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this chapter. (Ord. 1001 § 20, 1975).

5.75.210 Premises to be open for inspections.

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. 1001 § 21, 1975).

5.75.220 Suspension or revocation of licenses – Grounds.

A. Massage Parlor, and Public Bathhouse License. The Clerk may suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of facts; or violation of, or failure to comply with, any provisions of this chapter by the person holding such license or any of his servants, agents, or employees or of the conviction of the person holding such license of a felony or any crime involving moral turpitude.

B. Masseur, Massage Parlor Attendant, and Public Bathhouse Attendant License. The City Manager may suspend or revoke any license issued to any employee under the provisions of this chapter at any time where the same was procured by fraud or false representation of facts; or for violation of, or failure to comply with, the provisions of this chapter by the person holding such license, or the conviction of said person of a felony or crime involving moral turpitude.

C. Request for Hearing. When the City Manager determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding said license by certified mail of his decision. Notice mailed to the last business address on file shall constitute sufficient notice. The notice shall specify the grounds for suspension or revocation, and the same shall become effective 10 days from the date the notice is mailed unless the person affected thereby files a written request for a hearing with the Mountlake Terrace City Council within such period. The Mountlake Terrace City Council shall set a hearing date within 30 days following receipt of such request. In the event the person does not request a hearing within the aforementioned period, the license of said person shall be suspended or revoked as provided in the notice served upon him. (Ord. 1001 § 22, 1975).

5.75.230 Term of license – Renewal.

Licenses issued pursuant to this chapter shall be valid for one year following the date of issuance, and may be renewed by following the same procedure specified for filing the original application. Licenses issued pursuant to this chapter shall not be assigned or transferred from one holder or place to another. (Ord. 1001 § 23, 1975).

5.75.240 License to be displayed.

Licenses required by this chapter, both for premises and employees, shall be displayed in a conspicuous place for public inspection. (Ord. 1001 § 24, 1975).

5.75.250 Penalty.

Any person convicted of a violation of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $250.00. (Ord. 1001 § 25, 1975).