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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. - 2 - 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 - 3 - 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 - 4 - (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 - 5 - 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 ......4 u A.9;y...P f... Qr .t n.a.. c.e..... tl. ...... -5.5A................................... ................................................... ................................................................................... 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 ............'......................................................................................................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of:sai eriod. l� . ..).zd-r'I'L ..... ..............�� -__ -.. Princl al Clerk p Subscribed and sworn to- before me this ...........2...4....t...h ....... ".ar.ch 86 1 " :day of ................. — ....................... ..... . ....., 19 .... Imo'` ....... �! .f:.. ......� 4 '-s f . r t... ..�irett, ......�.......... 4 \\ Notary rublicand for the State of Washington, residi '9 at Ev Snohomish County. B - 2 - I