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Ordinance 1684ORDINANCE NO. 1684 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REGULATING AND LICENSING PUBLIC MASSAGE PARLORS, BODY PAINTING STUDIOS, PUBLIC BATHHOUSES, AND LICENSING THEIR EMPLOYEES; DEFINING OFFENSES AND FIXING 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 businesses are injurious to the public health and the public morals and that regulations 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. A new chapter, Chapter 4.50, entitled Licensing of Public Massage Parlors, Body Painting Studios and Public Bathhouses is hereby created. Section 2. 4.50.010 Definitions For the purpose of this chapter, the following terms, words and phrases shall have the following meanings: (1) "Massage" means the treatment to the body of another person by rubbing, kneading, hitting or any other manipulation, including the use of equipment, machinery, or appliances in connection with the foregoing. (2) "Massage Parlor" means any place where mas- sages are given or furnished for, or in -1- expectation of, any fee, compensation or monetary consideration. (3) "Body Painting Studio" means the operation of a business where paint, powder, or similar material is applied to the body of another person with the hands or the use of equipment or appliances in connection with the foregoing. (4) "Public Bathhouse" means any place where baths or facilities for baths of any kind whatever are given or furnished and the terms shall include but not be limited to: Finnish baths; Russian baths; Suana baths; Swedish baths; Turkish baths; baths by hot air, steam, vapor, water or electric cabinet; PROVIDED, that such term shall not include ordinary tub or shower baths where attendant is not required. (5) "Person" means any individual, firm partner- ship, association, company, or organization of any kind. (6) "Masseur or Masseuse" means a person engaged in the practice of massage and shall be referred to herein only as "Masseur." (7) "Body Painting Studio Attendant" means any person who administers to, or performs services for, patrons of a body painting studio or who supervises the work of another person admin- istering to or performing services for such patrons. The term does not include a person who performs only custodial or janitorial work. -2- (8) "Massage Parlor Attendant" means any person who administers to, or performs services for, patrons of a massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to such patrons. The term does not include a person who performs only custodial or janitorial work. (9) "Public Bathhouse Attendant" means any person who administers to, or performs services for, patrons of a public bathhouse or who super- vises the work of such a person. The term does not include a person who performs only custodial or janitorial work. Section 3. 4.50.020 Exemptions The provisions of this Ordinance do not apply to: (1) Persons giving massage treatments or baths in a private residence or a nonprofit bona - fide charitable private social or athletic club not open to the public generally; (2) Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations; (3) Students enrolled in schools of massage per- forming such practices of massage as are incidental to their course of study. The provisions of this Ordinance shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who =10 treat patients only 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. Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barber shops for purposes of beautification only are also exempt from the provisions of this Ordinance. Section 4. 4.05.030 License Required - Massage Parlor, Body Painting Studio, Public Bathhouse It shall be unlawful to conduct, operate, or maintain a massage parlor, body painting studio, or public bathhouse unless such establishment or premises be licensed as hereinafter provided. Section 5. 4.05.040 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 two hundred twenty-five ($225) 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. -4- Section 6. 4.05.050 Application for and Renewal of License - Massage Parlor, Body Painting Studio, Public Bathhouse No license or renewal of license to conduct a massage parlor, body painting studio, 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, body painting studio, 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) The business name, business address, and telephone number of the establishment or proposed establishment. (3) Whether the applicant is a sole proprietor- ship, 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 address and telephone number of each of its officers, directors and shareholders, and the number of shares held by each. It shall set forth all persons having any interest in the real or personal property at the premises, and any persons sharing in the proceeds of the business. -5- (4) How long applicant (if corporation, its officers, or if partnership, its partners) have resided in the City of Edmonds.. If not a resident of the City of Edmonds continu- ously 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, excluding 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 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 proprietor- ship, if a partnership, the principal occupation of all partners; if a corporation, the principal business enterprises of such corporation. (8) Three 2" x 2" black and white photographs 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 applicants. The three 2" x 2" 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 the party signing the application, and such license shall be posted and displayed in a conspicuous place in the establishment where such license is en- joyed, at all times, and such license shall not be tampered with in any manner. (9) Such applicants, or party signing the applica- tion, 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 for- warded to the Federal Bureau of Investigation, Identification Bureau. (10) All assumed names or aliases which have been or are used by any person whose name appears on the application. (11) Such other information as the City Clerk may reasonably require in connection with the application. Section 7. 4.50.060 Public Officials - Duties Upon filing of an application under this chapter, the City Clerk shall forward copies to the Chief of Police, the City Planner, the Fire Chief, and the Building Inspector: (1) Within 30 days after receipt of a copy of the application, the Chief of Police shall inves- tigate the statements set forth in the appli- cation and report to the City Clerk whether the application contains false, misleading or incomplete information. (2) Within 30 days after receipt of a copy of the application, the City Planner shall inspect the proposed establishment and report to the ErC City Clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code. (3) Within 30 days after receipt of a copy of the application, the Fire Chief shall examine the proposed establishment and report to the City Clerk whether it complies with the regulations of the fire prevention code. (4) Within 30 days after receipt of a copy of the application, the Building Inspector shall examine the proposed establishment and report to the City Clerk whether it complies with the regulations of the building code. Section 8. 4.50.070 Application for and Renewal of License - Massage Parlor, Body Painting Studio, Public Bathhouse - Health Authority Approval No license or renewal of license to conduct a massage parlor, body painting studio, or public bathhouse shall be issued or renewed without first having had such inspection and approval as shall be required by the county health authority having jurisdiction over the matter. Section 9. 4.50.080 License Required- Masseur, Massage Parlor Attendant, Body Painting Studio Attendant, Public Bathhouse It shall be unlawful for any person to perform in any establishment defined in this chapter as a masseur, massage parlor attendant, body painting studio attendant, or public bathhouse attendant unless that person be licensed as herein- after provided. ME Section 10. 4.50.090 Fees '- Disbursement The fee for such license, as required by 4.50.080, shall be and is hereby fixed in the sum of Ten Dollars ($10.00)per year. The 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 Clerk's issuance of such license. Section 11. 4.50.100 Application for and Renewal of License Masseur, Massage Parlor Attendant, Body Painting Studio Attendant, Public Bathhouse Attendant No license or renewal of license to perform as a masseur, massage parlor attendant, body painting studio 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 applicant. (2) How long 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 disease. (5) Present and previous occupation or occupa- tions 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 a photograph of applicant and be fingerprinted by the Police Department. (8) All assumed names or aliases which have been or are used by the applicant. (9) Such other information as the City Clerk may reasonably require in connection with the application. Section 12. 4.50.110 Public Officials -'Duties Within 30 days after receipt of the employee application, the Chief of Police shall investigate the statements contained therein and advise the City Clerk whether it contains false, misleading or incomplete information. Section 13. 4.50.120 Application for and Renewal of License Masseur, Massage Parlor Attendant, Body Painting Studio Attendant, Public Bathhouse Attendant - Health Authority Approval No license or renewal of license to perform as a masseur, massage parlor attendant, body painting studio attendant, or public bathhouse attendant shall be issued or renewed without first having had such examination and approval as shall be required by the county health authority having jurisdiction over the matter. -10- Section 14. 4.50.130 City Clerk to Issue Licenses (1) Massage Parlor, Body Painting Studio and Public Bathhouse License - If from the information supplied the City Clerk it appears that the application and the premises are fit and proper, that the statements contained in the applica- tion are true, that the applicant or the owners of the applicant firm have not been convicted of a felony or any crime involving moral turpi- tude and that the applicant has complied with all the requirements of this Ordinance, the City Clerk shall issue a business license to the applicant, otherwise the license applica- tion shall be denied. (2) Masseur, Massage Parlor Attendant, Body Paint- ing Studio 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, that the statements contained in the application are true, that the applicant has not been convicted of a felony or any crime involving moral turpitude and that the applicant has complied with all the requirements of this Ordinance, the City Clerk shall issue a license to the applicant; other- wise, the license application shall be denied. (3) The photograph(s) shall appear on all licenses issued to applicants pursuant to this Ordinance. (4) No person shall operate a massage parlor, body painting studio or public bathhouse, or engage in practice as a masseur, massage parlor attendant, -11- body painting studio attendant, or public bathhouse attendant until a license has been approved in the manner specified by this Ordinance. (5) No massage business license shall be issued for a business premises presently under suspension pursuant to action under this Ordinance, nor for a period of six (6) months following the date of a revocation pursuant to the terms of this Ordinance. Section 15. 4.50.140 Denial of License'- Hearing Any applicant whose application has been denied may, within ten days following notification of the denial, file a petition for a hearing with the City Council. The City Council shall set a hearing date within thirty days of receiving such request. Section 16. 4.50.150 Liquor, Controlled Substances - Prohibited (Exceptional) (1) Liquor, as that term is defined by the Wash- ington State Alcoholic Beverage Control Act, shall not be distributed or consumed on any premises under regulation by this Ordinance, unless the premises are licensed to serve the same by the Washington State Liquor Control Board. (2) Controlled Substances, as defined by the Wash- ington State Uniform Controlled Substances Act, and/or Ordinances of the City of Edmonds, shall not be distributed or consumed on any premises under regulation by this Ordinance. -12- Section 17. 4.50.160 Hours All massage businesses shall be closed, and all service performed therein discountinued, between the hours of 3 o'clock a.m. and 8 o'clock a.m. Section 18. Penalty 4.50.170 Duty to Report Change Iof Employment - Massage Parlor Attendants, Body Painting Studio 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 30-day license suspension. Section 19. to be Kept 4.50.180 List of Services - Required; Records A list of all services offered with a brief description of what the service entails, along with the cost for such service, must be posted in a prominent place. All business transactions with customers must be conducted in accordance with the posted list of services. Daily records must be kept of the number of customers, the time of the service, and the amount of money paid by these customers for services, including gratuities. Such records shall be open to inspection by the Police Department at all reasonable times. Section 20. 4.50.190 Prohibited Activity 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, and such activity shall be grounds for revocation of the business license, as well as the employee license, whether the owner knew of, or encouraged the act, or whether the customer requested or acquiesced in the act. Section 21. 4.50.200 Employees It shall be unlawful for any owner, proprietor, manager, or person in charge of any facility regulated by this Ordinance, -13- to employ in such establishment any person under the age of eighteen (18) years of age and without good moral character. Section 22. 4.50.210 Unlawful to Employ Unlicensed Person It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this Ordinance, to employ in such establishment, any person who does not have a valid employee license issued pursuant to this Ordinance. Section 23. 4.50.220 Unlawful to Admit Certain Persons It shall be unlawful for the owner, proprietor, manager or person in charge of any facility regulated by this Ordinance or any employee or agent of such establishment to admit anyone under the age of eighteen (18) years of age and permit them to remain in or about such premises, unless such person under the age of eighteen (18) years is accompanied by his or her parent or legal guardian, or to knowingly harbor, admit, receive or permit to be or remain in or about such premises, any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any controlled substance, or any person who, by his conduct on such premises, tends in any way to corrupt the public morals. Section 24. 4.50.230 Unlawful to Advertise Without License It shall be unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this Ordinance. Section 25. 4.50.240 Premises to be Open for Inspection Any person making application for a license under the pro- visions of this chapter shall be deemed to have given consent to the entry of the premises for which application is made for inspection by any of the officials designated herein to perform such inspection. A refusal of such entry shall result in a denial or revocation of the business license. -14- Section 26. 4.50.250 Suspension or Revocation of Licenses - Grounds (1) Massage Parlor, Body Painting Studio, and Public Bathhouse License - The City Clerk may suspend or revoke any license issued under the provisions of this Ordinance at any time where the same was procured by fraud or false representation of facts; or violation of, or failure to comply with, any provisions of this Ordinance by the person holding such license or any of his servants, agents, or employees; or of the con- viction of the person holding such license of a felony or any crime involving moral turpitude. (2) Masseurs, Body Painting Studio Attendants, Massage Parlor Attendants and Public Bath- house Attendants License - The City Clerk may suspend or revoke any license issued to any employee under the provisions of this Ordinance at any time where the same was procured by fraud or false representation of facts; or for violation of, or failure to comply with, the provisions of this Ordinance by the person holding such license, or the conviction of said person of a felony or crime involving moral turpitude. (3) Request for Hearing - When the City Clerk determines that there is cause for suspending or revoking any license issued pursuant to this Ordinance, he shall notify the person holding said license by certified mail of his decision. Notice mailed to the last business -15- address on file shall constitute sufficient notice. The notice shall specify the grounds for the suspension or revocation, and the same shall become effective 10 days from the date the notice is delivered unless the person affected thereby files a written request for a hearing with the City Council within such period. The City Council shall set a hearing date within thirty days following receipt of such request. In the event the person does not request a hearing within the aforementioned period, the license of said person shall be suspended or revoked as provided in the notice served upon him. Section 27. 4.50.260 Term of License - Renewal Licenses issued pursuant to this Ordinance shall be valid for one year following the date of issuance, and may be renewed by following the same procedure specified for filing the original application. Licenses issued pursuant to this Ordinance shall not be assigned or transferred from one holder or place to another. Section 28. 4.50.270 License to be Displayed Licenses required by this Ordinance, both for premises and employees, shall be displayed in a conspicuous place for public inspection. Section 29. 4.50.280 Penalty Any person convicted of a violation of this Ordinance shall be guilty of a misdemeanor, and shall be punished by a fine of not more than two hundred and fifty dollars or by imprisonment for not more than ninety (90) days in the county jail, or by both such fine and imprisonment. -16- Section 30. 4.50.290 B'eyerability If any section, subsection,,sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. r ` MAYOR ATTEST: City Clerk PASSED BY THE CITY COUNCIL: October 23, 1973 FILED WITH THE CITY CLERK: October 9, 1973 PUBLISHED: October 31, 1973 -17-