Ordinance 25540006.08029
WSS/naa
02/25/86
ORDINANCE NO. 2554
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF EDMONDS CITY CODE,
SECTION 4.50.020 RELATING TO THE EXEMPTIONS FROM
MASSAGE PARLOR LICENSING; AMENDING SECTION
4.50.050 RELATING TO THE APPLICATION FOR A
MASSAGE PARLOR AND PUBLIC BATHHOUSE LICENSE TO
ADD AN INSURANCE REQUIREMENT; AMENDING SECTION
4.50.080 RELATING TO THE REQUIRED LICENSE FOR
MASSEUR, MASSAGE PARLOR ATTENDANT AND PUBLIC
BATHHOUSE ATTENDANT TO REQUIRE LICENSING UNDER
PROVISIONS OF STATE STATUTE; REPEALING SECTIONS
4.50.090 RELATING TO FEES AND DISBURSEMENTS,
4.50.100 RELATING TO THE APPLICATION FOR LICENSE
BY MASSEUR, MASSAGE PARLOR ATTENDANT AND BATH-
HOUSE ATTENDANT, 4.50.110 RELATING TO THE DUTIES
OF PUBLIC OFFICIALS, AND 4.50.120 RELATING TO
HEALTH AUTHORITY APPROVAL FOR MASSEUR, MASSAGE
PARLOR ATTENDANT, SAUNA PARLOR ATTENDANT AND
PUBLIC BATHHOUSE ATTENDANT; AMENDING THE PROVI-
SIONS OF SECTION 4.50.130 RELATING TO THE
ISSUANCE OF LICENSES BY THE CITY CLERK; REPEAL
OF SECTION 4.50.170; AMENDING THE PROVISIONS OF
SECTION 4.50.200 RELATING TO EMPLOYEES; AMENDING
THE PROVISIONS OF SECTION 4.50.210, MAKING IT
UNLAWFUL TO EMPLOY UNLICENSED PERSONS; AMENDING
SECTION 4.50.250 RELATING TO THE DENIAL,
SUSPENSION OR REVOCATION OF LICENSES AND THE
GROUNDS THEREFORE AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE
WHEREAS, the Washington Supreme Court has held that
certain restrictions on the licensing of massage parlors, sauna
parlors and public bathhouses are unconstitutional, and
WHEREAS, the State of Washington by RCW Chapter 18.108
and Washington Administrative Code provisions Chapter 308-51 have
provided a system for licensing and regulating the activities of
massage therapists and other persons engaged in the art of
massage, now, therefore,
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. Section 4.50.020 EXEMPTIONS is hereby
amended to read as follows:
4.50.020 EXEMPTIONS
The provisions of this chapter do not apply to:
A. Any person giving massage treatments or baths in a
private residence who operates as a sole
proprietorship, owns and resides at the private
residence and employs no other person or persons.
B. Persons giving massage treatments or baths in a
nonprofit, bona fide charitable, private or social club
or in a bonafide athletic club.
C. Athletic coaches or trainers affiliated with public or
private educational institutions or athletic
organizations.
D. Students enrolled in schools of massage performing such
practices of massage as are incidental to their course
of study.
E. The provisions of this chapter shall not apply to
massage treatments given in any hospital, duly licensed
nursing or convalescent home, or by physical therapist
or massage therapist duly licensed, who treat patients
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.
Section 2. Section 4.50.050 APPLICATION FOR AND
RENEWAL OF LICENSE - MASSAGE PARLOR AND PUBLIC BATHHOUSE,
subsection (A) is hereby amended by the addition of a new
subparagraph (13) to read as follows:
13. A certificate of insurance evidencing malpractice
and premises liability coverage in amounts equal
to or exceeding $300,000. per occurrence and
$1,000,000. aggregate, and providing for twenty
(20) day notification to the City of Edmonds, as a
named insured, of any cancellation thereof.
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The City Clerk is hereby instructed to renumber section
4.50.050(A), subparagraph (13) to subparagraph (14) in the
codification of this provision.
Section 3. Section 4.50.080 LICENSE REQUIRED_-
MASSEUR, MASSAGE PARLOR ATTENDANT AND PUBLIC BATHHOUSE ATTENDANT
is hereby amended to read as follows:
4.50.080 LICENSE REQUIRED - MASSEUR, MASSAGE PARLOR
ATTENDANT AND 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 is licensed in accordance with the provisions of RCW
Chapter 18.108.020.
Section 4. Section 4.50.090 FEES - DISBURSEMENT;
4.50.100 APPLICATION FOR AND RENEWAL OF LICENSE - MASSEUR,
MASSAGE PARLOR ATTENDANT AND PUBLIC BATHHOUSE ATTENDANT; and
4.50.110 PUBLIC OFFICIALS - DUTIES; and 4.50.120 APPLICATION FOR
AND RENEWAL OF LICENSE - MASSEUR, MASSAGE PARLOR ATTENDANT, SAUNA
PARLOR ATTENDANT, PUBLIC BATHHOUSE ATTENDANT - HEALTH AUTHORITY
APPROVAL are hereby repealed.
Section 5. Section 4.50.130 CITY CLERK TO ISSUE
LICENSES is hereby amended to read as follows:
4.50.130 CITY CLERK TO ISSUE LICENSES
A. Massaqe Parlor, Sauna Parlor and Public Bathhouse
License. If, from the information supplied the City
Clerk, it appears that the application and the premises
are fit and proper, and the statements contained in the
application are true and complete, and that the
applicant or the owners of the application firm have
not been convicted of violating the provisions of state
statute or any local ordinance regulating the
provisions of massage services or the operation of a
massage parlor, public bathhouse or body studio and
that the applicant has complied with all the
requirements of this code, the City Clerk shall issue a
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license for the business to the applicant, otherwise
the license application shall be denied.
B. No person shall operate a massage parlor or public
bathhouse until a license has been approved in the
manner specified by this chapter.
C. No massage business license shall be issued for a
business premises 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.
Section 6. Section 4.50.200 EMPLOYEES is hereby
amended to read as follows:
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 of age.
Section 7. Section 4.50.210 UNLAWFUL TO EMPLOY
UNLICENSED PERSON is hereby amended to read as follows:
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 license issued pursuant to the
provisions of RCW Chapter 18.108.020.
Section 8. Section 4.50.250 DENIAL, SUSPENSION OR
REVOCATION OF LICENSE - GROUNDS is hereby amended by the repeal
of subsection 4.50.250(A)(3). The City Clerk is hereby
instructed in the course of codification to renumber existing
subparagraph (A)(4) to (A)(3).
Section 9. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
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(5) days after its publication, or publication of a summary
thereof, in the City's official newspaper.
APPROVED:
MAYOR,
ATTEST/AUTHENTICATED:
` Ur�
t-ITT CLERK, J CQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By -
FILED WITH THE CITY CLERK: Febf Ov A4?' 199�
PASSED BY THE CITY COUNCIL: Mar�h 18, 1986
PUBLISHED: March 23, 1986
EFFECTIVE DATE: March 28, 1986
ORDINANCE NO. 2554
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Affidavit of Publication
STATE OF WASHINGTON, sa
COUNTY OF SNOHOIVAISH,
SUMMARY OF
NANCEOOF RDINANCE C TY OO.F5EDMONDS, WASH- The undersigned, being first duly sworn on oath deposes and says
OF ED-
-ITYCODE, SECTION 450020ENDING -THE PROVIS1ONS RELATTING TO that she is Principal Clerk of THE HERALD, a daily newspaper
EMPTIONS FROM MASSAGE PARLORLI-
;APPLECAT ON FNDING ORT AN MASSAGE PA0.050 RLOR TING printed and published in the City of Everett, County of Snohomish,
BLIC BATHHOUSE LICENSE .TO ADD AN
CE REQUIREMENT; AMENDING SECTION and State of Washington; that said newspaper is a newspaper of
RELATING TO THE REQUIREDLICENSE
SSEUBL C RBATHHOUSE' ATTENDANT' TO RE• general circulation in said County and State; that said newspaper
ICENSING UNDER PROVISIONS OF STATE
FEES AND DISBURSEMENTS, 4.50: 00 RE- has been approved as a legal newspaper by order of the Superior
TO THE APPLICATION FOR LICENSE BY.
2, MASSAGE PARLOR ATT�FNDANT AND Court of Snohomish County and that the notice ........................................
15E ATTENDANT. SAGE-PARLOR
n.t in F� a NTr_ D
K
P
NG THE P
iT UNLAV
S AMEND
DENIAL. S
WHEN; THE SAME
vn -marcn 18, 1986, the City -Council of the City of Ed-
monds passed Ordinance No. 2554 which provides as fol.
lows:
Section 1. Amending Section 4.50.020 EXEMPTIONS to
delete provisions requiring .exempted social and athletic
clubs to be closed to the general public and deleting the
limitations on hours of service by licensed massage thera-
Pists.
Section 2. Amending Section 4.50.050 relating to opplica.
tions for licenses for massage parlors and public bath-
houses to add a new subparagraph 13 requiring evidence of
Insurance for malpractice and premises liability coverage in
the amounts,of $300,000. per occurrence and $1,000,000.
w
0
masseur, m
attendant, .
is officials
'r,unng w,me appIICOTIon and renewal for licenses
for masseurs, massage parlor attendant, sauna parlor at-
tendant and public bathhouse attendant by health authority
approval. -
ion
anSlsbygh'clr3 relating
hthe suce of licenses .teCtity Clerk o specify that viola.
tions or crimes directly relating to the provisions of services
regulated by the Chapter may result In denial of license,
and deleting references to the Issuance of local license for
masseur, massage parlor attendant, sauna parlor attendant
and public bathhouse' attendant.
EMPLOYEEStion 6. Aoedelete the
Provisionlsirelatingns of stotq od'moral
cha%acfei,
Section, J ,.,Amending . the provisions of Section. 4.50.210
`making t unlbwful to employ persons without licenses is-
sued In acl;ordance with the provisions of RCW Chapter .
18.108
Section 8. Amending < the Provisions of Section 4:50.250
relating to denial suspension dr revocation of licenses on
the grounds therefore, to delete provisions relating to con-
viction of a crime Involving moral turpitude.
Section. 9. Fixing a time when the same- shall become
effective.
The full text of this ordinance will be .mailed -'without
charge to anyone who submits a written request to the City
Clerk of the City of Edmonds; for a copy of the text.
,APPROVED by the City Council at their meeting of March
18, 1986,
JACQUELINE G. PARRETT
Published: March 23, 1986 Clerk
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................................................... ...................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
'oar. cI 2 3, 191) h
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and that said newspaper was regularly distributed to its subscribers
during all of:sai eriod.
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Princl al Clerk
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Subscribed and sworn to- before me this ...........2...4....t...h .......
".ar.ch 86
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Notary rublicand for the State of Washington,
residi '9 at Ev Snohomish County.
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