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Ordinance 1823ORDINANCE NO. 1823 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN SECTIONS OF EDMONDS' ORDINANCE NO. 1684 AND CHAPTER 4.50 OF THE EDMONDS CITY CODE RELATING TO THE REGULATION AND LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES, IMPOSING CERTAIN LICENSE FEES; REQUIRING CERTAIN INFORMATION TO BE FURNISHED TO THE PROPER AUTHORITIES; ESTABLISHING HOURS OF OPERATION; PROVIDING FOR SUSPENSION OR REVOCATION OF LICENSES; ESTABLISHING PROCEDURES FOR REQUESTING A HEARING; IMPOSING CERTAIN DUTIES ON CITY EMPLOYEES; PROHIBITING BODY PAINTING OR BODY STUDIOS; AND IMPOSING PENALTIES. WHEREAS, it has been necessary from time to time for the City of Edmonds to enact Ordinances for the protection of the health, welfare, safety and morals of the citizens of the City of Edmonds, and WHEREAS, the City Council finds that certain practices and conditions associated with public massage, bathhouse and body painting or body studio businesses are injurious to the public health and the public morals and that regulation and the licensing of such establishments and their employees is necessary in the interest of the public welfare of the citizens of the City of Edmonds, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 1684 is hereby amended to read as follows: A new chapter, Chapter 4.50, entitled Licensing of Public Massage Parlors and Public Bathhouses is hereby created. Section 2. Section 4.50.010 (1) of the Edmonds City Code is hereby amended to read as follows: 4.50.010 (1). Body painting studio --Body studio. The term body painting studio and body studio shall have the same meaning and shall mean that as used within this chapter any premises, other than a massage parlor or public bath- house as defined herein,upon which is furnished for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, ERE or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a "body painting studio," "model studio," "sensitivity awareness studio" or any other expression or characteriza- tion which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like considera- tion the opportunity to paint, massage, feel, handle or touch the unclothed body or unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity. Section 2. Section 4.50.030 of the Edmonds City Code is hereby amended to read as follows: 4.50.030. License required --Massage parlor and public bathhouse. It is unlawful to conduct, operate, or maintain a massage parlor or public bathhouse unless such establishment or premises be licensed as provided in this chapter. Section 3. Section 4.50.040 of the Edmonds City Code is hereby amended to read as follows: 4.50.040. Fees -Disbursement. The fee for such license and renewal of same, as required by 4.50.030, shall be and is hereby fixed in the sum of five hundred and no/100 dollars ($500.00) per year. Such fee is not refundable. The purpose of such fee shall be as follows: (1) The Chief of Police's investigation of the applicant and the statements made in the application. (2) The City Planner's determination of compliance with the zoning code and the building code. (3) The Fire Chief's determination of compliance with regulations of the fire prevention code. (4) The Chief of Police's further investigation and inspection of premises defined in this chapter at any reasonable time. (5) The City Clerk's issuance of such license. Section 4. Section 4.50.050 of the Edmonds City Code is hereby amended to read as follows: 4.50.050. Application for and renewal of license --Massage parlor and 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. Such application shall contain the following information: (1) The true name, home address, telephone number and the age of the applicant; -2- (2) The business name, business address, and telephone number of the establishment or proposed establish- ment; (3) 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 and shareholders, and the number of shares held by each. It shall set forth all persons having any interest in the real or per- sonal property at the premises, and any persons sharing in the proceeds of the business; (4) How long the applicant (if corporation, its officers, or if partnership, its partners) has resided in the City of Edmonds. If not a resident of the City of Edmonds continuously for the last five years, previous addresses during that period; (5) Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted or forfeited bail to any crime, exclud- ing minor traffic offenses. If so, state the crime, the name of the court in which the case was filed, the circumstances and the disposition of the case; (6) If the applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age; (7) 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; (8) Three two inch by two inch black and white photo- graphs 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 applicant. The three 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 of 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; (9) Such applicant, or party signing the application, shall also be required to submit to fingerprinting by the police department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Bureau; QcIM (10) All assumed names or aliases which have been or are used by any person whose name appears on the application; (11) (a) Whether or not the applicant or anyone owning an interest in the business for which the license is being sought has ever been licensed to operate a similar business, the name and post office address of such licensing authority, whether any such license has ever been suspended, denied or revoked and the name and post office address of the licensing authority, suspending, denying or revoking any such license together with the date and the reasons given for such action. (b) Evidence that the applicant has a current license or licenses as required by the laws of the State of Washington including Chapter 280 of the laws of the State of Washington 1975 First Extra Ordinary Session. (c) Such other information as the city clerk may reasonably require in connection with the applica- tion. (12) Misrepresentation of fact, failure to disclose facts or the providing of incorrect, false, mis- leading or incomplete information shall constitute grounds for denial of issuance of a license here- under or in the event of discovery of such after the issuance of a license hereunder shall constitute grounds for revocation of such license. Section 5. Section 4.50.070 of the Edmonds City Code is hereby amended to read as follows: 4.50.070. Application for and renewal of license --Massage parlor and public bathhouse --Health authority approval. No license or renewal of license to conduct a massage parlor or public bathhouse shall be issued or renewed without first having had such inspection and approval as shall be required by the health authority for the city having jursidiction over the matter. Section 6. Section 4.50.080 of the Edmonds City Code is hereby amended to read as follows: 4.50.080. License required --Masseur, massage parlor attendant and public bathhouse attendant. It is 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 provided in this chapter. Section 7. Section 4.50.090 of the Edmonds City Code is hereby amended to read as follows: 4.50.090. Fees -Disbursement. The fee for such license as required by Section 4.50.080 of this Code shall be -A- twenty-five and no/100 dollars ($25.00) per year. The fee shall not be refundable. The purpose of such fee shall be for the following: (1) The Chief of Police's investigation of the applicant and the statements made in the ap- plication. (2) The city clerk's issuance of such license. Section 8. Section 4.50.100 of the Edmonds City Code is hereby amended to read as follows: 4.50.100. Application for and renewal of license -- Masseur, massage parlor attendant and 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: (1) The true name, home address, telephone number and age of the applicant; (2) How long the applicant has resided in the City of Edmonds, and the previous residence or residences for five years preceding the date of application; (3) Whether the applicant has been convicted of, or forfeited bail to any crime, excluding minor traffic offenses, and if so, state the crime, the name of the court in which the case was filed, and the circumstances and disposition of the case; (4) Whether the applicant is suffering or has in the past suffered from any contagious or communicable diseases (omitting minor colds). Applicant shall further present evidence that a complete physical examination of the applicant has been performed within thirty (30) days preceding the date of application for the license by a medical doctor licensed to practice in the State of Washington. Such physical examination shall include chest x-rays or equivalent and the results of such examination must show an affirmative finding by the medical doctor that the applicant is not suffering from or a carrier of a contagious or a communicable disease (excepting minor colds); (5) Present and previous occupation or occupations of the applicant for the preceding five years, and the place of employment; (6) The name of the establishment where the applicant intends to work; (7) At the time of applying for said license, the applicant shall furnish two two-inch by two- inch photographs of the applicant and shall be fingerprinted by the police department; -5- (8) All assumed names or aliases which have been or are used by the applicant; (9) (a) Whether or not the applicant has ever been licensed to perform as a massage parlor attendant, sauna parlor attendant or public bathhouse at- tendant and if so the name and post office address of all such licensing authorities and whether any such license or applicant for such license had ever been suspended, denied or revoked. If such a prior license or applicant therefore had ever been suspended, denied or revoked, then the applicant shall set forth the date of such denial, suspension or revocation, the name and post office address of the jurisdiction denying, suspending or revoking such license and the reasons given by such jurisdiction for the action taken. (b) Evidence that the applicant has a current license or licenses as required by the laws of the State of Washington including chapter 280 of the laws of the State of Washington 1975 First Extra Ordinary Session. (c) Such other information as the city clerk may reasonably require in connection with the applicant. Section 9. Section 4.50.110 of the Edmonds City Code is hereby amended to read as follows: 4.50.110. Public officials --Duties. Within thirty (30) days after receipt of the employee application, the Chief of Police or his designee shall investigate the statements contained therein and advise the city clerk whether it contains false, misleading or incomplete information. If the application contains false or misleading informa- tion or misrepresentations or incomplete information, the same shall constitute grounds for the denial of said license or revocation of a license that has been issued. The city clerk shall not accept any new application from an applicant for a period of one year from such time that any application for a license hereunder is denied or revoked. Section 10. Section 4.50.120 of the Edmonds City Code is hereby amended to read as follows: 4.50.120. Application for and renewal of license -- Masseur, -massage parlor attendant, sauna parlor attendant, public bathhouse attendant --Health authority approval. No license or renewal of license to perform as a masseur, massage parlor attendant, sauna parlor attendant or public bathhouse attendant shall be issued a renewal without first having had such further examination and approval as shall be required by the health authority having jursidiction over the matter. Section 11. Section 4.50.130 (1) and (2) of the Edmonds City Code are hereby amended to read as follows: 4.50.130 (1). City clerk to issue licenses --Massage parlors, sauna parlors and public bathhouses license. If from the information supplied the city clerk that it appears 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 applicant firm have not been convicted of a crime involving moral turpitude within the last ten (10) years and that the applicant has complied with all the requirements of this Code, the city clerk shall issue a license for the business to the applicant, otherwise the license application shall be denied. 4.50.130 (2). Masseur, massage parlor attendant, sauna parlor attendant, public bathhouse attendant license. If from the information supplied the city clerk, it appears that the applicant does not pose a threat to the health of others and statements contained in the application are true and complete and that the applicant has not been convicted of any crime involving moral turpitude within the past ten (10) years and the applicant has complied with all the requirements of this Code, the city clerk shall issue a license to the applicant; otherwise the license applicant shall be denied. Section 12. Section 4.50.160 of the Edmonds City Code is hereby amended to read as follows: 4.50.160. Hours of operation. All massage businesses shall be closed and all services performed therein discontinued between the hours of 12:00 midnight and 8:00 a.m. Section 13. Section 4.50.170 of the Edmonds City Code is hereby amended to read as follows: 4.50.170. Duty to report change of employment --Penalty. Massage parlor attendants, public bathhouse attendants and masseurs must keep the city clerk informed of any change of employment. Failure to report a change in employment may result in a thirty -day license suspension. Section 14. Section 4.50.190 of the Edmonds City Code is hereby amended to read as follows: 4.50.190. Prohibited activity --Dress standards. (1) 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. -7- All masseurs, massage parlor attendants, sauna parlor attendants or public bathhouse attendants shall not attend any patron unless at all times appropriately dressed which shall include the wearing of under- garments and a smock or uniform which cannot be seen through. Any violation of this section shall be grounds for revocation of the license issued pursuant to Section 4.50.030 of this Code for the operation of such business and/or the revocation of the license required by Section 4.50.080 of this Code issued to the employee who violates any provision of this section. (2) It shall be unlawful for any person to operate, conduct or maintain a body studio as defined in this chapter, or to knowingly conduct any business related thereto on the premises of a body studio, or to knowingly be em- ployed on such premises. (3) The license of the business in which a violation occurs may be revoked for such violation whether the owner knew of or encouraged the violation or whether the customer requested or acquiesced in the violation. Section 15. Section 4.50.250 of the Edmonds City Code is hereby amended to read as follows: 4.50.250. Denial, suspension or revocation of licenses -- Grounds. (1) The city clerk may deny issuance or renewal of any license authorized under this chapter, or suspended or revoke any such license, if the licensee has: (a) Violated any provisions of this Ordinance by the person holding such license or any of his servants, agents or employees; (b) Has made any false statement or misrepresenta- tion of fact in connection with the license; (c) Has been convicted of a crime involving moral turpitude; (d) Has failed to obtain or has been suspended or revoked any license required by the State of Washington. (2) Request for hearing. When the city clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this Ordinance, she shall notify the person holding said license by registered or certified mail, return receipt requested, of her decision. Notice mailed to the address on file shall be deemed received three (3) days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revoca- tion shall become effective ten (10) days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the clerk for a hearing before the City Council within such ten (10) day period. The City Council shall set and hold a hearing within thirty (30) days following receipt of such request. Appeal from a decision of the City Council shall be to the Snohomish County Superior Court and must be served and filed within thirty (30) days of the decision of the City Council. In the event the person does not request a hearing within the aforementioned period, the license of said person shall be denied, suspended or revoked as provided in the notice. Section 16. Section 4.50.260 of the Edmonds City Code is hereby amended to read as follows: 4.50.260. Term of license --Renewal. Licenses issued pursuant to this Ordinance shall be valid until December 31st of the year for which they are issued, and may be renewed by following the same procedure specified for filing the original applica- tion. Licenses issued pursuant to this Ordinance shall not be assigned or transferred from one holder or place to another. APPROVED: MAYOR, H. H. HARRISON ATTEST: -1 0."1 2114-d'j CITY CLERK, IRENVVARNEY MORAN FILED WITH THE CITY CLERK: February 13, 1976 PASSED BY THE CITY COUNCIL: February 24, 1976 PUBLISHED: '�Iarc;h 3, 1976 -9-