CHAPTER 15
MASSAGE ESTABLISHMENTS1
SECTION:
6-15-1: Purpose, Familiarity With Applicable City Code And State Law, And Definitions
6-15-2: Massage Establishments And Massage Practitioners
6-15-3: Massage Establishment Property Owner Responsibility
6-15-4: Changes To Permit Status, Exemptions, And Appeals
6-15-5: Prohibited Activities And Prosecution
6-15-1 PURPOSE, FAMILIARITY WITH APPLICABLE CITY CODE AND STATE LAW, AND DEFINITIONS:
A. Purpose: The City of Renton (hereinafter the “City”) and its representatives are committed to protecting the general welfare, morals, peace, property values, public health, reputation, safety, and tranquility of the City of Renton, its residents, and its guests, through the promulgation and enforcement of laws regulating each sexually-oriented business (“SOB”), in addition to obscenity, public indecency, and criminal and sexual offenses while not impermissibly encroaching on freedom of speech under the federal and State constitutions.
It is the City’s experience after a number of successful criminal prosecutions for prostitution in alleged massage establishments that some people and businesses regulated and/or defined in RCW 18.108.030, and businesses and persons who allegedly offer massage, aromatherapy, relaxation, tanning, or alternative therapeutic techniques that are not a part of medical treatment, are actually SOBs or providing SOB services.
Therefore, it is the purpose and intent of the City, in enacting this chapter, to regulate massage, aromatherapy, relaxation, tanning, and alternative therapeutic techniques establishments which are sometimes used as SOBs, and massage practitioners and related practitioners or those who purport to be massage practitioners or related practitioners who sometimes engage in unlawful conduct, for the protection of the public and the preservation of the general welfare, morals, peace, property values, public health, reputation, safety and tranquility of those in the City of Renton.
B. Familiarity With Applicable City Code And State Laws: Additionally, at the time that any massage establishment seeks to apply for, obtain, reinstate, or renew a business license for a massage establishment, as defined below, in the City of Renton, the person seeking to apply for, obtain, reinstate, or renew a business license for a massage establishment will agree that as a condition precedent to receiving a business license for a massage establishment:
1. He or she has read and understands this chapter of the code in its entirety; RCW 18.108, entitled “Massage Practitioners”; RCW 18.130, entitled “Regulation of Health Professions – Uniform Disciplinary Act”; and the Washington State Department of Health sexual misconduct rules for health care providers under WAC 246-16, entitled “Standards of Professional Conduct”;
2. He or she agrees that he or she have will have each business license holder, on-site manager, and/or massage practitioner, currently employed or working at the business or subsequently employed or working at the business, where a massage business in the City of Renton exists read this chapter of the code in its entirety, each person will complete an affirmation of understanding that will be maintained by the massage establishment (or that shall be submitted to the City); and also require each person to read RCW 18.108, entitled “Massage Practitioners”; RCW 18.130, entitled “Regulation of Health Professions – Uniform Disciplinary Act”; and the Washington State Department of Health sexual misconduct rules for health care providers under WAC 246-16, entitled “Standards of Professional Conduct.”
C. Definitions: Throughout this chapter, unless it is plainly evident from the context that a different meaning is intended, the following words and phrases shall apply, and the singular and plural of each word shall be interchangeable:
1. “Administrator” means the City of Renton Finance Administrator or designee. (Ord. 5654, 2-13-12)
2. “Fully clothed” means wearing opaque clothing that is comparable to the clothing commonly worn by nurses or hospital staff while performing their professional duties.
3. “Inspector” means the Administrator, law enforcement officer, or any City of Renton employee or designee who is directed, authorized, or responsible for considering, finding, evaluating, or responding to unlawful and/or alleged unlawful conduct under the code.
4. “Massage” means any method of adjusting, comforting, repairing, soothing or treating the external parts of the body for hygienic, relaxation, remedial, or any other reason or purpose, whether by means of friction against, kneading, pounding, pressure on, rubbing, stroking, tapping, vibrating or other manner of touching external parts of the body with the hands, or with the aid of any electrical or mechanical apparatus or appliance, with or without supplementary aids, including but not limited to rubbing alcohol, antiseptic, cream, liniment, lubricant, oil, ointment, powder or other similar preparations commonly used in this practice. The name of the method of adjusting, comforting, repairing, soothing, or treating the external parts of the body for hygienic, relaxation, remedial or any other reason or purpose is irrelevant for the purpose of defining a “massage.” For purposes of this code, stress reduction or relaxation techniques, tanning, aromatherapy, and alternative therapeutic treatment practitioners shall be regulated like massage practitioners if or when they offer massages or the practice or technique involves touching or palpating.
5. “Massage alternatives” means conduct that meets the definition of “massage” under this chapter, is not one of the exemptions noted in RCW 18.108, and is performed by a person who is not required to have a massage or other health care professional license under RCW 18.108, as it currently exists or is hereafter amended.
6. “Massage establishment” means any business conducted in the City of Renton where any person, association, corporation, firm, partnership or combination of individuals engages in, advertises, conducts, offers, permits, solicits for money or any other consideration, the administration of a massage on another. For purposes of this code, tanning, aromatherapy and alternative therapeutic treatment establishments shall be regulated like massage establishments, if it offers, permits or has practitioners who provide massages. This definition shall not apply to those persons covered by RCW 18.108.050, entitled “Exemptions,” as it currently exists or is amended in the future.
Notwithstanding the preceding sentence, this definition shall apply to the administration of a massage by an independent contractor, volunteer or agent of any person listed in the preceding sentence if that person engages in, purports to be engaged in, or provides massage.
7. “Massage practitioner” means any person who administers a massage, regardless of what they call the massage or the name of the business, to another person for monetary or any other consideration, and/or who is licensed and/or governed by RCW 18.108, entitled “Massage Practitioners.”
8. “Person” in this chapter means any individual, male or female, or group of individuals.
9. “Sexually-oriented business” (“SOB”), as is applicable to this chapter of the code except as otherwise defined in the code, means any business or sexual encounter establishment that allows, features, permits or has any agents, employees, independent contractors, partners, volunteers or others acting under the authority, control or interest of the massage establishment, possessor, or person with an interest in the massage establishment or property where the massage establishment exists, appearing in a state of nudity, engaging in or using live performances or photographic reproductions depicting, engaging, simulating, or describing specified sexual activities or specified anatomical areas.
10. “Specified anatomical areas” means the following:
a. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, and areola and nipple of the female breast;
b. Human male genitals in a discernibly turgid or vasocongestive state, even if completely and opaquely covered;
c. Human female erogenous zones that are either stiff or erect or in a vasocongestive state, even if completely and opaquely covered; and
d. Any device, costume or covering that simulates any of the body parts included in subsections a, b, or c herein.
11. “Sexual activities” means any act of human masturbation, sexual intercourse, fellatio, cunnilingus, sodomy, or fondling or other erotic touching of the specified anatomical areas.
12. “Unlawful conduct” means a business, condition, conduct or property that is inconsistent with this code; any State, county, or municipal statute, ordinance, rule or regulation; and/or endangers the dignity, health, morals, property values, and/or safety of the residents, neighborhood or the community. Each day that a violation exists shall constitute a separate violation subject to separate costs and/or penalties.
Unlawful conduct includes but is not limited to:
a. Working and/or operating without a permit or license;
b. Working and/or operating outside the scope of a permit or license;
c. Working and/or operating after a permit or license has been denied, revoked, or suspended;
d. Contacting specified anatomical areas and/or sexual activity between clients, guests, patrons, people or visitors who do not work at the massage establishment, and any agents, employees, independent contractors, partners, volunteers or others acting under the authority, control or interest of the massage establishment, possessor, or any person with an interest in the massage establishment or property where the massage establishment exists; and/or
e. The failure to comply with any of the requirements provided in this code.
13. “Violator” means any person(s), including but not limited to the possessor and/or owner of property, any person(s) having any interest in the property, the property possessor or owner’s agent for property, employee, manager, independent contractors and/or volunteer at a massage establishment where unlawful conduct exists or is alleged to exist. (Ord. 5615, 7-18-11)
6-15-2 MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS:
A. Massage Establishment Permits: No person shall carry on, conduct or engage in the business of a massage establishment or a recognized school of massage without a permit and/or license as required by any applicable section of the RMC, RCW and WAC, in particular RCW 18.108, “Massage Practitioners.”
B. Operating Requirements: The following requirements are mandatory and should be broadly construed to prevent offenses commonly associated with SOBs, such as obscenity, public indecency, prostitution, promoting prostitution, permitting prostitution, and other criminal and sexual offenses.
1. Employee Reporting Requirement: A business license holder shall notify the Administrator in writing of the name and address of each person employed as a massage practitioner or an on-site manager before the massage practitioner or on-site manager begins their employment and not later than five (5) business days after that person has accepted or agreed to employment.
2. Employment Of Unlicensed Massage Practitioners Strictly Prohibited: It is unlawful for any owner, manager, on-site or proposed on-site manager, operator, agent/employee or business license holder in charge of or in control of a massage establishment to employ or permit a person to act as a massage practitioner who is not in possession of a valid, unrevoked massage practitioner permit issued pursuant to applicable State, county and/or City requirements.
When the massage establishment seeks to add a massage practitioner it must provide proof that the massage practitioner has a valid State massage license.
3. Attire: The massage practitioner shall at all times while on the premises of the establishment be clean, and wear opaque outer garments covering the body from middle of the knee to neck. A massage practitioner shall not reveal any specified anatomical area.
4. Manager Required: A massage establishment shall have an on-site manager to ensure compliance with these provisions whenever it is open. The on-site manager must be a minimum of eighteen (18) years old and must have read this chapter’s requirements and be capable of communicating this chapter’s provisions to the employees and patrons of the establishment, inspectors and law enforcement. The manager is not permitted to provide massages unless the manager has satisfied all of the massage practitioner requirements.
C. Structural Requirements: No massage or massage services shall be given in a business or premises licensed pursuant to this chapter, or in an establishment providing acupressure, shiatsu, skin care, body wrap or the like, unless such business or premises complies with the following criteria:
1. Doors: No massage services shall be provided in an establishment that provides such services in any cubicle, room, booth, or other area that is fitted with a door that is locked or that is capable of being locked. The premises, exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. Electric locking devices, and/or jeweler’s doors are strictly prohibited.
2. Signs: Consistent with applicable City sign ordinances and rules, there shall be a recognizable and readable exterior sign identifying the business, and a recognizable and readable interior sign in an open public place within the premises identifying the establishment, all services available and the price for the service.
It shall be unlawful for an owner, manager, operator, managing agent/employee, or business license holder to permit any massage practitioner to offer or perform any service other than those posted. Nothing in this provision should be interpreted to justify any failure to comply with applicable City ordinances or rules. If there is any conflict the more restrictive or stringent provisions shall apply.
D. Inspections: At least once a year, and as necessary, the Administrator, Inspector(s), and/or Public Health-Seattle and King County, and/or their authorized representatives, shall have the right to make reasonable unscheduled inspections to verify all business licenses and related materials, and to enforce compliance with applicable regulations, laws, and provisions of this chapter.
1. Upon receipt of an application for a business license or an application to renew a business license to perform massage as the principal business or part of the business to be offered or performed in the City, the Administrator, Inspector(s), and/or Public Health-Seattle and King County, and/or their authorized representatives, shall inspect and/or cause to be inspected the massage establishment premises within twenty (20) days of the business license application or application to renew the business license to ascertain whether the premises and the activities and records maintained in the business are in compliance with applicable regulations, laws, and provisions of this chapter; and
2. If the premises, the activities within, and/or the records maintained in the business are not in compliance with applicable regulations, laws, and provisions of this chapter, the Administrator, Inspector(s), and/or Public Health-Seattle and King County, and/or their authorized representatives, shall notify the applicant and/or the massage establishment, in writing, of the deficiencies, and shall reinspect and/or cause reinspection of the premises, the activities within, and/or the records.
3. Consistent with RCW 18.108.190, State and local law enforcement personnel shall have the authority to inspect the premises at any time including business hours.
E. Massage Alternatives: For those persons who engage in conduct that meets the definition of “massage” under this chapter, whose conduct is not exempt pursuant to RCW 18.108, and who is not required to have a massage license under the RCW, the City will require those persons to:
1. Complete the City’s massage alternatives business license application and pay any fees or costs related to the application or the City’s investigation of the applicant’s qualifications and fitness to perform massage alternatives. Failure to accurately complete the application and pay any fees or costs shall be a basis for denial or immediate revocation of the license;
2. Agree to be bound by the requirements of RCW 18.108.076; RCW 18.108.085(2) and (3); RCW 18.108.190; RCW 18.130.110; RCW 18.130.120; RCW 18.130.170; RCW 18.130.172; RCW 18.130.180; RCW 18.130.185; RCW 18.130.190; and RCW 18.130.200 as they currently exist or are hereafter amended;
3. Provide documents consistent with RCW 18.130.230 as it currently exists or is hereafter amended;
4. Provide proof of successful completion of a course of study in an approved massage alternative program or approved apprenticeship program;
5. Be eighteen (18) years of age or older.
6. The Administrator may request and the applicant is required to provide any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensure. The Administrator shall establish by rule what constitutes adequate proof of meeting the criteria.
7. Any applicable portion of RCW 18.108 or 18.130 or the related WAC that refers to the secretary shall mean the Administrator in Renton.
F. The Business License Is Not Transferable: No business license for a business that offers or performs massages may be sold, transferred or assigned by the license holder, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such business license and such business license shall thereafter be deemed terminated and void with no right for reimbursement or a pro rata refund.
G. In those instances where a massage establishment, massage premises, or a location that has generally been used for some sort of massage business, whether the owner is the same or different, whether the property owner is the same or different, and that location has had three (3) or more violations and/or convictions for conduct that violates this section in the preceding ten (10) years, that massage establishment, massage premises or location must satisfy greater initial scrutiny. Specifically, in addition to the forgoing requirements, each massage practitioner shall individually register with the City. If after three (3) years there have been no further incidents that violate this code, this greater initial scrutiny will no longer be required. (Ord. 5615, 7-18-11)
6-15-3 MASSAGE ESTABLISHMENT PROPERTY OWNER RESPONSIBILITY:
A. Purpose: To eliminate the circumstances where property owners fail to exercise appropriate care and/or supervision over their tenants, lessees, or property possessors, and the property is then used for or permits unlawful conduct including, but not limited to, prostitution, sexual activities, and the unlicensed massage practice.
B. The owner(s) shall be responsible for and it shall be a gross misdemeanor for the owner(s) to fail to:
1. Inquire about the operation of the massage establishment that the owner(s) permit to operate in or on the property;
2. Ask for and maintain a current copy of the massage establishment’s State and/or municipal licenses and/or permits; and
3. Report any violation of any applicable statute, ordinance, rule or regulation to the City and any other appropriate entities. (Ord. 5615, 7-18-11)
6-15-4 CHANGES TO PERMIT STATUS, EXEMPTIONS, AND APPEALS:
A. Administrator’s Action – Modify, Revoke Or Suspend A Permit: The Administrator may modify, revoke or suspend a business license if a license holder, massage practitioner, on-site manager, property owner and/or a person hired, employed or permitted to use massage facility space by a license holder has done any of the following: (There is a presumption of knowledge once the person signs the application)
1. Entered a plea of guilty, been convicted, or pled nolo contendere in a court of competent jurisdiction of any of the following offenses within the prior ten (10) years:
a. Prostitution (RCW 9A.88.030), promoting prostitution (RCW 9A.88.070 or 9A.88.080), permitting prostitution (RCW 9A.88.090), obscenity, organized crime, any sexual offenses, or tax or financial crimes;
b. A felony offense involving the sale of a controlled substance;
c. A criminal offense that relates directly to the operation of a massage establishment, its massage practitioners, or the massage property;
d. A crime involving dishonesty, fraud, deceit, or moral turpitude;
e. Conspiracy or attempt to commit any of the aforesaid offenses; or
f. Any lesser-included offenses of any of the offenses above;
2. Failed to permit the City or any authorized persons to conduct any inspections authorized by the Renton Municipal Code, King County Code, WAC and/or the RCW, including but not limited to RCW 18.108.190; (Ord. 5717, 6-2-14)
3. Violated one (1) or more provisions of this chapter;
4. Failed to prevent criminal activity on the business premises, by failing to stop the activity at its inception and/or failed to call law enforcement whether or not the criminal activity stopped based on the massage practitioner’s request;
5. Failed to disclose that he or she was not a licensed massage practitioner under RCW 18.108.030, as it currently exists or is amended in the future, or failed to disclose that his or her license under that section was modified, revoked or suspended; or
6. Failed to abide by a prior City imposed disciplinary action.
7. Any City of Renton business license holder or person(s) who provide(s) or allow(s) to be provided any services which fall within any of the categories of “sexually-oriented business,” as defined in RMC 6-15-1C.9, without required State licenses or when engaged in protected speech, shall immediately have his or her City of Renton business license(s) revoked. No services conducted by a massage establishment or a massage practitioner will be permitted to continue upon revocation of the license, subject to RMC 6-15-5C.
B. The Administrator’s decision to modify, revoke or suspend a business license should be in writing, should be sent by first-class mail, return receipt requested, and the decision should note that the massage establishment and/or massage practitioner(s) may appeal.
C. Exemptions: The provisions of this chapter shall not apply to those individuals that qualify for an exemption under RCW 18.108.050 as it currently exists or is amended in the future.
D. Appeals Of The Administrator’s Action: Any massage establishment or massage practitioner directly affected by an Administrator’s decision may appeal within seven (7) business days to the actual Department Administrator. The appeal shall be considered in writing unless the actual Department Administrator decides that an in-person hearing should be held. The decision to the appeal shall be rendered as soon as possible, but not later than ten (10) business days after the filing of the appeal.
1. Burden Of Proof At Appeal: The burden of proof before the actual Department Administrator shall rest upon the City to prove the existence of grounds to revoke the business license of the massage business.
2. Private Agreements Are Not A Defense: It shall be no defense in the license revocation proceeding that there exists a written or oral agreement between the license holder or an employee, independent contractor or other person alleged to have committed acts declared to be a nuisance herein, that the person would not perform illegal acts on the premises of the massage business.
3. Proof Of Conviction: Proof of conviction of any employee, owner or independent contractor, or other person while on the massage business premises, of the crime of prostitution, or of any of the other offense listed in subsections A.1, 2, 4 through 6 of this section, shall be prima facie proof of grounds to revoke the massage business license or to affirm the revocation of a massage business license.
E. Presumption: Each employee, on-site manager, owner or independent contractor or other person while on the massage business premises, shall be presumed to know and understand that a State massage license is required before anyone may act as a massage practitioner; and that each person mentioned or described above knows what activities are prohibited by RCW 18.108 (Massage Practitioners); RCW 18.130 (Regulation of Health Professions – Uniform Disciplinary Act); the Washington State Department of Health sexual misconduct rules for health care providers under WAC 246-16 (Standards of Professional Conduct); and this chapter of the RMC. Each chapter of the RCW noted immediately above is hereby fully incorporated by reference as they currently exist or may be amended in the future. (Ord. 5615, 7-18-11)
6-15-5 PROHIBITED ACTIVITIES AND PROSECUTION:
A. The following are strictly and broadly prohibited, and it shall be unlawful for the massage establishment, the massage practitioner and/or the massage client, guest, patron or visitor:
1. To lock the massage establishment doors during business hours.
2. To perform as a massage practitioner without a permit issued pursuant to the RCW, WAC, King County Code, or any other applicable law, rule or regulation.
3. To hire or employ a massage practitioner unless such massage practitioner possesses a valid, existing license and/or permit required by this chapter or any State law.
4. To massage or remain in the presence of a patron who is not wearing clothing which conceals or covers with an opaque material the male patron’s genitals and buttocks, or the female patron’s breasts, genitals, or buttocks.
5. To wear attire that is not opaque during work hours, to be nude or partially nude and/or to perform services without wearing appropriate business attire.
6. To allow any client, patron, guest or visitor to expose his or her specified anatomical areas or buttocks to others, or to make physical contact with the specified anatomical areas or buttocks of the massage practitioner or any other person.
7. To expose his or her specified anatomical areas to others, or to make physical contact with the specified anatomical areas or buttocks of anyone.
8. To knowingly provide or allow to be provided massage services at a massage establishment that does not comply with the operating requirements of this chapter, the RCW, WAC or other applicable law.
B. Prosecution: Unlawful conduct or the violation of any of the provisions listed above, which are not specifically noted to be gross misdemeanors or misdemeanors (as provided in RCW 9A.20.021(2) or (3) as they currently exist or may be amended in the future), and may result in criminal prosecution in addition to the administrative penalties previously mentioned, shall be a misdemeanor.
1. A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued, or permitted by any such person, and such person shall be punished accordingly and to the full extent of the law.
a. A person’s first criminal violation conviction under this code shall have a mandatory minimum sentence of five (5) days in jail without the option of a jail alternative, and the minimum penalty for the first violation shall be five hundred dollars ($500), not including costs, court costs, fees, and assessments;
b. A person’s second criminal violation conviction under this code shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of a jail alternative, and the minimum penalty for the second violation shall be seven hundred fifty dollars ($750), not including costs, court costs, fees, and assessments;
c. A person’s third criminal violation conviction under this code shall have a mandatory minimum sentence of forty-five (45) days in jail without the option of a jail alternative, and the minimum penalty for the third violation shall be one thousand dollars ($1,000), not including costs, court costs, fees, and assessments; and
d. All criminal violation convictions after the third criminal conviction under this code shall be a gross misdemeanor and shall have a mandatory minimum sentence of ninety (90) days in jail without the option of a jail alternative, and the minimum penalty shall be one thousand five hundred dollars ($1,500), not including costs, court costs, fees, and assessments.
e. Gross misdemeanors are governed by the RCW 9A.20.021(2), and misdemeanors are governed by RCW 9A.20.021(3) as they currently exist or may be amended in the future as well as related or appropriate sections of the RCW. Each section is hereby incorporated by reference.
2. It is unlawful for an owner of a property that is used for or by a massage establishment, to allow, permit, or fail to stop illegal, illicit, or prohibited conduct under this code or any applicable law from occurring on or in said property after being provided verbal or written notice by any Washington State or municipal governmental body or law enforcement agency. Violation of this section shall be a gross misdemeanor.
a. The prohibited conduct includes, but is not limited to, sexual activities and/or massages performed by any person who is not licensed as a massage practitioner in Washington State.
b. The penalties for such an offense are the same as the penalties for the person(s) who is/are actually performing the illegal, illicit, or prohibited conduct under this code, including but not limited to sexual activities, unless superseded by a RCW or federal charge.
C. Abatement Of Nuisances: Any act described to be unlawful pursuant to this section shall be a nuisance, and any premises or massage business which is found to be a public nuisance pursuant to this chapter or RMC 1-3-3 or State law shall be subject to abatement through an action filed and prosecuted in any court of general jurisdiction of this State. In the event that the court finds that such a nuisance exists, then the court shall award to the City, in addition to the other relief permitted, the attorney’s fees and all costs incurred by the City in the investigation and prosecution of the nuisance abatement proceeding, including any appeal and all costs incurred in the abatement of the public nuisance. See RMC 1-3-3 (Nuisances).
The prohibited conduct in this chapter shall be nuisances under RMC 1-3-3, in addition to being crimes. (Ord. 5615, 7-18-11)
6-15-6 CONFLICTS:
In the event of a conflict between this and any other provision of this code or City ordinance providing for a civil penalty, the more specific provision shall control. (Ord. 5615, 7-18-11)
6-15-7 SEVERABILITY:
If any one or more subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 5615, 7-18-11)
Prior legislation: Ords. 3781, 12-19-83; 3843, 9-24-84; 4462, 7-25-94; 5547, 8-9-10.