Chapter 5.44
MASSAGE BUSINESSES
Sections:
5.44.010 Definitions.
5.44.020 License required to operate business.
5.44.030 License required to be massage employee.
5.44.040 License for business--Application--Fee.
5.44.050 License for employee--Application--Fee.
5.44.060 Unlicensed persons prohibited from performing acts requiring license.
5.44.070 Safety and sanitation.
5.44.080 Liquor prohibited on premises.
5.44.090 Hours.
5.44.100 Inspections.
5.44.110 Hospitals and persons licensed by state not affected by chapter.
5.44.120 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.44.010 - Definitions
Wherever the following words and terms appear in this chapter they shall have the following meanings:
A. "Massage business" means a place in the incorporated area of the city where massages or like treatments are performed upon the body of one person by another person, or where sauna baths, Turkish baths, Swedish baths or the like are made available to members of the public; provided that massage business shall not include any massage practitioner or business licensed under RCW 18.108.030.
B. "Massage business employee" means any person who gives massages to, or attends in any other way upon, patrons of a massage business, or who supervises the work of such a person; provided that massage business employee shall not include any person or practitioner licensed under RCW 18.108.030.
(Ord. 5260 §1, 1992; Ord. 3625 §1, 1970).
5.44.020 - License required to operate business
No person, firm or corporation shall own or operate a massage business in the city without first obtaining a license therefor as provided in this chapter.
(Ord. 5260 §2, 1992; Ord. 3625 §2, 1970).
5.44.030 - License required to be massage employee
No person shall be employed as a massage business employee without first obtaining for such person a license as provided in this chapter.
(Ord. 5260 §3, 1992; Ord. 3625 §3, 1970).
5.44.040 - License for business –Application –Fee
The license fee for massage businesses shall be fifty dollars per year. Application for such license shall be made upon forms to be provided by the city clerk-treasurer. Each such application shall be reviewed by the chief of police of the city, who shall endorse thereon his/her approval or disapproval thereof. Such application shall then be submitted to the city council, and the council shall thereupon grant or deny the application.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 5260 §4, 1992; Ord. 4753 §3, 1987; Ord. 3625 §4, 1970).
5.44.050 - License for employee –Application –Fee
The license fee for massage business employees shall be thirty dollars per year. Application for a license for a massage business employee shall be made on forms to be furnished by the city clerk-treasurer, and all such applications shall be submitted to the chief of police, who shall endorse thereon his/her approval or disapproval of the application. All such applications shall then be submitted to the city council which shall either grant or deny the application for license.
(Ord. 5260 §5, 1992; Ord. 4753 §4, 1987; Ord. 3625 §5, 1970).
5.44.060 - Unlicensed persons prohibited from performing acts requiring license
No unlicensed person shall be allowed to perform acts for which a license is required on the premises of any massage business.
(Ord. 5260 §6, 1992; Ord. 3625 §8, 1970).
5.44.070 - Safety and sanitation
The premises of all massage businesses shall be maintained in a safe and sanitary manner.
(Ord. 5260 §7, 1992; Ord. 3625 §9, 1970).
5.44.080 - Liquor prohibited on premises
Liquor (as that term is defined in the Washington State Alcoholic Beverage Control Act) shall not be distributed or consumed on the premises of any massage business.
(Ord. 5260 §8, 1992; Ord. 3625 §10, 1970).
5.44.090 - Hours
All massage businesses shall be closed, and all services performed therein discontinued, between the hours of twelve midnight and eight a.m.
(Ord. 5260 §9, 1992; Ord. 3625 §11, 1970).
5.44.100 - Inspections
All massage businesses shall be open for inspection at all times by agents of the Olympia police department, license department and health department.
(Ord. 5260 §10, 1992; Ord. 3625 §7, 1970).
5.44.110 - Hospitals and persons licensed by state not affected by chapter
The provisions of this chapter shall not apply to massages performed or baths provided in any hospital.
(Ord. 5260 §11, 1992; Ord. 3625 §12, 1970).
5.44.120 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §11, 2001; Ord. 3625 §13, 1970).