Ordinance 26090006.08029
05/15/85
WSS/naa
R: 03/25/87
ORDINANCE NO. 2609
FOLLOWS:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF ECC 4.50.020 RELATING
TO EXEMPTIONS FROM THE LICENSING OF PUBLIC
MASSAGE PARLORS, SAUNA PARLORS, BODY PAINTING
STUDIOS AND PUBLIC BATHHOUSES, AMENDING ECC
4.50.040 RELATING TO FEES TO ESTABLISH A NEW FEE
FOR STATE LICENSED MASSAGE THERAPISTS, ADDING A
NEW SECTION ECC 4.50.055 PROVIDING FOR THE
LICENSING OF ATTENDANTS THERE AT, AMENDING ECC
4.50.080 RELATING TO THE LICENSING OF ATTENDANTS,
AMENDING 4.50.130 TO PROVIDE FOR THE ISSUANCE OF
ATTENDANT LICENSES AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. ECC 4.50.020 relating to the exemptions
from licensing of public massage parlors and public bathhouses is
amended to read as follows:
Section 4.50.020 Exemptions.
A. The provisions of this chapter do not apply to:
1. 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;
2. Persons giving massage treatments or baths in
a nonprofit, bona fide charitable club, a private
social club or a public or private athletic club;
3. Athletic coaches or trainers affiliated with
public or private educational institutions or
athletic organizations;
4. Students enrolled in schools of massage
performing such practices of massage as are
incidental to their course of study.
5. 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 or direction of a duly licensed
health care professional authorized by the State
of Washington to treat the sick, injured, or
infirm, or by any nurse under the direction of a
person so licensed.
6. Licensed beauty operators and barbers who
perform only such acts of scalp or facial massage
as are customarily given in beauty salons and
barbershops for purposes of beautification only
are also exempt from the provisions of this
chapter.
B. The applicant shall have the initial burden of
proof of establishing by a preponderance of the
evidence that he/she/it falls within any of the
exceptions created by this section in any
proceeding, administrative, civil or criminal.
Section 2. ECC 4.50.040 Fees -Disbursements relating to
fees for licensing for public massage parlors, sauna parlors,
body painting studios and public bathhouses is hereby amended to
provide for a new fee for establishments employing only State
licensed massage therapists and for a license fee for said
attendants to read as follows:
4.50.040 Fees -Disbursements
A. Except as provided in subsection (C), the fee for
a license for a regulated establishment and
renewal of the same, as required by section
4.50.030, is fixed in the sum of $500 per year.
Such fee shall not be refundable.
B. A fee of $100 shall be charged for all applicants
for licensing as attendants under the provisions
of ECC 4.50.080(a). No fee shall be charged to
persons who qualify as attendants under the
provisions of ECC 4.50.080(B) when operating as a
sole practitioner.
C. The purpose of such fee is to provide adequate
reimbursement to the City for the following costs:
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1. The investigation by the Chief of Police or
his designee of the applicant and the statements
made in the application.
2. The City Planner's determination of
compliance with the zoning code and building code.
3. The Fire Chief's determination of compliance
with the regulation of the Fire Prevention Code.
4. The Chief of Police or his designee's further
investigation and inspection of premises defined
in this Chapter in any reasonable time period.
5. The City Clerk's issuance of such license.
D. Any massage parlor or other business within the
City offering massage services, which employs for
the provision of massage services only massage
therapists licensed in accordance with the
provisions of ECC 4.50.080, shall be charged a
license fee of twenty-five dollars ($25). This
reduced fee is approved in consideration of the
investigation and testing conducted by the State
of Washington in the process of reviewing and
approving massage therapist licensing. For such
applicants the Police Chief and/or City Clerk is
authorized to accept a photostatic copy of the
State license issued in accordance with the
provisions of RCW Chapter 18.108 in lieu of the
requirements of ECC 4.50.050(A)(8).
Section 3. ECC Chapter 4.50 relating to licensing
massage parlors and public bathhouses is hereby amended by the
addition of a new section 4.50.055 Application For and Renewal of
License - Massage Parlor, Sauna Parlor, Body Painting Studio and
Public Bathhouse Attendants to read as follows:
4.50.055 Application For and Renewal of License
Massage Parlor, Sauna Parlor, Body Painting Studio and
Public Bathhouse Attendants
A. No license or renewal of a license for any person
to serve or act as a massage parlor, sauna parlor,
body painting studio or public bathhouse attendant
(hereinafter "applicant") shall be issued or
renewed except on written application to the City
Clerk which shall be signed and sworn by the
applicant. Such application shall contain the
following information:
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1. The true name, home address, telephone number
and the date of birth of the applicant.
2. The business name, business address, and
telephone number of the establishment or proposed
establishment at which the applicant proposes to
work.
3. How long the applicant has resided within the
City of Edmonds. If the applicant has not been a
resident of the City of Edmonds continuously for
the past seven years, the previous addresses of
the applicant during that period.
4. Whether the applicant has ever been convicted
of or forfeited bail relating to any crime,
excluding minor traffic offenses, within the past
seven years. If so, the crime, name of the court
in which the case was filed, the circumstances and
disposition of the case.
5. All assumed names or aliases which have been
or are used by the person whose name appears on
the application.
6. At the discretion of the Police Chief, such
applicant may also be required to submit to
fingerprinting by the Police Department. Such
fingerprints shall be retained in the application
file and a copy shall be forwarded to the Federal
Bureau of Investigation, Identification Bureau.
7. Such other information as the City Clerk may
reasonably require in connection with the
application.
B. In lieu of the provisions of this section and in
accordance with the provisions of section
4.50.080, an applicant may provide in a form
designated by the Police Chief evidence of
licensing in the form of a photostatic copy of a
valid, current license issued in accordance with
the provisions of RCW Chapter 18.108 as a licensed
massage therapist. The Police Chief may require
further information, including but not limited to
photographs and/or fingerprints, in order to
adequately establish the identity of the appicant,
and that said applicant possesses a valid State
license as a massage therapist. Upon such
showing, the City Clerk is authorized to dispense
with the application requirements of paragraph A.
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C. Misrepresentation of fact, failure to disclose
facts, or the providing of incorrect, false,
misleading or incomplete information shall
constitute grounds for denial of the issuance of
license hereunder, or in the event of discovery of
such, after the issuance of a license hereunder,
shall constitute ground for revocation of such
license.
Section 4. ECC 4.50.080 License Required -Masseur,
Massage Parlor Attendant and Public Bathhouse Attendant is hereby
amended to read as follows:
It shall be unlawful for any person to perform services
in any establishment defined in this Chapter as a
massage parlor, sauna parlor, body painting studio or
public bathhouse as a masseur, massage parlor attendant
or public bathhouse attendant unless that person shall
be licensed either:
A. In accordance with the provisions of ECC
4.50.130, or
B. In accordance with the provisions of RCW
Chapter 18.108 as a licensed massage therapist.
Section 5. ECC 4.50.130 City Clerk To Issue Licenses
is hereby amended by the addition of a new subparagraph D to read
as follows:
D. Massage Parlor, Sauna Parlor, Body Painting Studio
and Public Bathhouse Attendant License.
If in the information supplied to the City Clerk
it appears that:
1. The applicant is a fit and proper person to
serve as a massage parlor, sauna parlor, body
painting studio or public bathhouse attendant;
2. That statements contained in the application
are true and complete;
3. The applicant has not been convicted of
violating the provisions of State statute or any
local ordinance relating to the provision of
massage services, the operation of a massage
parlor, sauna parlor, public bathhouse or body
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studio and has not committed any offense of
prostitution or other similar sexual offense which
is a crime under the statutes of any state; and
4. The applicant has complied with all the
requirements of this code, then the City Clerk
shall issue license for the business to the
applicant; otherwise the license application shall
be denied.
Section 6. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after publication of the attached, approved summary.
APPROVED:
ATTEST/AUTHENTICATED:
ITY� ACQUELINE PA RETT
APPROVED AS TO FORM:
OFFICE O F THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: March 26, 1987
PASSED BY THE CITY COUNCIL: April 21, 1987
PUBLISHED; April 26, 1987
EFFECTIVE DATE: May 1, 1987
ORDINANCE NO. 2609
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STATE OF WASHINGTON, ss
COUNTY OF SNOHOIAISH,
on
Affidavit of Publication
--- The undersigned, being first duly sworn on oath. deposes and says
DINANCE
F THE that she is Principal Clerk of THE HERALD, a daily newspaper
NDINGr
�F ECc printed and published in the City of Everett, County of Snohomish,
+A THE and State of Washington; that said newspaper is a newspaper of
UBLIC
eo D� general circulation in said County and State; that said newspaper
AND
SEE.046
I has been approved as a legal newspaper by order of the Superior
To
FEE Court of Snohomish County and that the notice ........................................
NSED
°ISTCTIS
IDING ... �y %r .c / ..
........ J� ....f/� .. ...... .... ......... .......
G OF 1
50.086 F
fENDE
50.130......................................................................................................................... .-----......
ECC
oniy ncensec
'aplst5.
1. Amends ECC
f to add a new
4.50.055 to provide
ns for: atiendohts at
Ors sauna parlors,
studios and public
aecr�fhthnd4.50T3-s`j Q forth co
tfons for Issuance of attendant
licenses.
Section 6. Sets an effective
ddfF orT a days offer passage
and publication of this approved
summorV.
The full text of this ordinance
anyone whlo S mits a written
request to the City Clerk of the
City of Edmonds for a copy of
the text. - APPROVEDngoCunil their BYTHE
fApN21, 1987.
JACQUELINE PARRETT
Publish d IApril 26, 1987.
..................................................................................•----..---................................ •.........
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:
t. r..d'�lJ'�..........................
...�.
........ ....................................................... .......................................................................
and that said newspaper was regularly distributed to its subscribers
during all' of said period.
........... .. .......... .. . .� • .............................
Principal Clerk
Subscribed and sworn to before me this.....' .;..................
day of..... ..- 19=......
tart' Pu lic in and for the State of Washington,
r siding at Everett, Snohomish County.
B-2-1