Chapter 5.28
MASSAGE PARLORS AND BATHHOUSES
Sections:
5.28.010 Necessity of regulation.
5.28.030 Establishment license – Required.
5.28.040 Establishment license – Application.
5.28.050 Establishment license – Fee.
5.28.060 Establishment license – Investigations – Issuance or denial.
5.28.070 Personnel license – Required.
5.28.080 Personnel license – Application.
5.28.090 Personnel license – Fee.
5.28.100 Personnel license – Investigation – Issuance or denial.
5.28.110 Expiration of licenses.
5.28.120 Suspension or revocation – Noncompliance – Detriment to public welfare.
5.28.130 Suspension or revocation – Fraud or deception – Moral turpitude – Refusal to renew.
5.28.140 Required facilities and practices.
5.28.160 Advertising without license.
5.28.170 Liquor distribution or consumption.
5.28.180 Access for inspections.
5.28.190 Exemptions from chapter.
5.28.010 Necessity of regulation.
The council finds that the regulation and licensing of public massage parlors and public bathhouses and their employees is necessary in the interest of the public welfare of the citizens of the city. (Ord. 1423 § 1, 1975; prior code § 5-1201)
5.28.020 Definitions.
As used in this chapter:
A. “License” means a certificate issued by the city authorizing a holder thereof to:
1. Act as a masseur; or
2. To act as a masseuse; or
3. To act as a public massage parlor attendant; or
4. To act as a public bathhouse attendant; or
5. To operate a public bathhouse; or
6. To operate a public massage parlor.
B. “Massage” means the method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, kneading, tapping, rolling or manipulating the human body of another with the hands, or by any other agency or instrumentality. “Massage” includes the use, in connection with massage treatment, of such appliances, equipment and aids as heat lamps, electric cabinets designed to produce heat, steam baths given by cabinet or any other method, mineral baths either as complete or partial baths, baths by tub or shower or otherwise, baths administered hot or cold, using water, natural mineral water, a formula or other liquid, and including colonic irrigation.
Manipulation of the human body in the course of the practice of medicine, surgery, osteopathy, chiropractic, chiropody, naturopathy, dentistry, nursing, physical therapy, optometry or any other of the healing arts by persons licensed by the state to practice such healing arts is not included in the term “massage” as used in this chapter.
C. “Masseur” and “masseuse” mean a male person, or a female person, respectively, who practices massage, or holds himself or herself out as practicing massage, for, or in expectation of, any fee, compensation or monetary consideration.
D. “Person” means any individual, firm, partnership, association, corporation, company or organization or any kind.
E. “Public bathhouse” means any place within the city where baths or facilities for baths of any kind whatever are given or furnished for, or in expectation or, any fee, compensation or monetary consideration including, but not limited to: Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths by hot air, steam, vapor, water or electric cabinet; provided, that “public bathhouse,” for the purpose of this chapter, does not include such baths or facilities for baths where no attendant or other person administers, or holds himself out as administering, massage treatment as defined in this chapter, either by physical manipulation of the body or by the use of equipment.
F. “Public bathhouse attendant” means any person who administers to, or performs services to, patrons of a public bathhouse, or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work.
G. “Public massage parlor” means any place within the city where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.
H. “Public massage parlor attendant” means any person who administers to, or performs services to, patrons of a public massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services to, such patrons. (Ord. 1423 § 4, 1975; prior code § 5-1204)
5.28.030 Establishment license – Required.
No person shall conduct, operate or maintain a public massage parlor or a public bathhouse without first obtaining a license as provided in this chapter. (Ord. 1423 § 2, 1975; prior code § 5-1202)
5.28.040 Establishment license – Application.
No license or renewal of license to conduct a public massage parlor or public bathhouse shall be issued or renewed except upon written application filed with the city clerk upon forms furnished by the city, which shall be signed and sworn to by the person who intends to conduct, operate and maintain a public massage parlor or bathhouse. Such applications shall include the following:
A. The true name, home address and telephone number of the applicant;
B. The business name, business address and telephone number of the establishment or proposed establishment;
C. Whether the applicant is a sole proprietorship, partnership or corporation; if a partnership, giving the names of all persons sharing in the profits of the business; if a corporation, giving the names of its officers, directors and shareholders, giving title, residence address and telephone number of each;
D. If applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;
E. Such applicants, 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;
F. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of any crime. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposition thereof;
G. All assumed names or aliases which have been or are used by any person whose name appears on an application;
H. Such other relevant and pertinent information as the city clerk may reasonably require in connection with such application. (Ord. 1423 § 7, 1975; prior code § 5-1207)
5.28.050 Establishment license – Fee.
The fee for business license for a public massage parlor shall be as set out in Chapter 5.10 BMC. (Ord. 1423 § 6, 1975; prior code § 5-1206)
5.28.060 Establishment license – Investigations – Issuance or denial.
A. Upon the filing of an application for issuance or renewal of a public massage parlor license or public bathhouse license, the city clerk shall ascertain from the city’s planning director whether the operation of such establishment at the business address shown on the application will be in compliance with the city’s zoning regulations, and the city clerk shall promptly refer the application to the police department with a request for an investigation of the statements contained in the application and for a written report to be made within 15 days by the police department containing the results of the investigation and any other matters pertinent to the application. The city clerk shall also refer the application to the Bellingham-Whatcom County health department with a request for an inspection of the premises, or proposed premises, to determine their suitability and adequacy as to sanitary and physical conditions and to submit a written report thereon.
B. If, from the reports provided for in subsection A of this section and other information, it appears that the application and the premises are fit and proper, that the statements contained in the application are true, that the applicant or the owners of the applicant firm have not been convicted of a crime involving moral turpitude or attempt to defraud and that the applicant has complied with all the requirements of this chapter, the city clerk shall issue a license to the applicant; otherwise the license application shall be denied. The license shall be accepted or denied within 30 days. (Ord. 1423 § 8, 1975; prior code § 5-1208)
5.28.070 Personnel license – Required.
No person shall act as a masseur or masseuse or as a public massage parlor attendant or as a public bathhouse attendant without first obtaining a license as provided in this chapter. (Ord. 1423 § 3, 1975; prior code § 5-1203)
5.28.080 Personnel license – Application.
No license or renewal of license to act as a masseur or masseuse, or public massage parlor attendant, or public bathhouse attendant, shall be issued or renewed except upon written application filed with the city clerk, upon forms furnished by the city, which shall be signed and sworn to by the applicant. Such application shall include the following:
A. The true name, home address and telephone number of the applicant;
B. References as to the moral character of the applicant from two reputable citizens of the state;
C. Whether the applicant has ever been convicted of a crime. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court and the disposition thereof;
D. All assumed names and aliases which have been or are used by the applicant;
E. Such applicant 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 Division;
F. The applicant’s previous occupation and previous employer;
G. Such other relevant and pertinent information as the city clerk may reasonably require in connection with such application. (Ord. 1423 § 13, 1975; prior code § 5-1213)
5.28.090 Personnel license – Fee.
The fee for a license as a masseur, masseuse, public massage parlor attendant, or a public bathhouse attendant is fixed at $10.00 per year. (Ord. 1423 § 6, 1975; prior code § 5-1206)
5.28.100 Personnel license – Investigation – Issuance or denial.
A. Upon the filing of an application for a license to act as a masseur, masseuse, public massage parlor attendant or public bathhouse attendant, the city clerk shall refer it to the police department with the request to investigate the statements contained in the application, and to furnish a written report within 30 days containing the results of the investigation, and any other matters pertinent to the application. The city clerk shall refer the application to the Bellingham-Whatcom County health department, with a request to examine the applicant physically to ascertain if the applicant is free from contagious or infectious disease and to make a written report thereon.
B. If, from the reports provided for in subsection A of this section and other information, it appears that the applicant is fit and proper, that the applicant is free of infectious or contagious disease, that the statements contained in the application are true, that the applicant has not been convicted of a crime involving moral turpitude or attempt to defraud and that the applicant has complied with all the requirements of this chapter, the city clerk shall issue a license to the applicant; otherwise the license application shall be denied. (Ord. 1423 § 14, 1975; prior code; § 5-1214)
5.28.110 Expiration of licenses.
All licenses issued or renewed pursuant to this chapter shall expire one year from the date of issuance unless revoked earlier. (Ord. 1423 § 16, 1975; prior code § 5-1216)
5.28.120 Suspension or revocation – Noncompliance – Detriment to public welfare.
The city council reserves unto itself the power to suspend or revoke any license issued under the provisions of this chapter at any time where the license was procured by fraud or false representation of facts, or for violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees, or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the licensed establishment is located, or in the event that it is determined that the future operation of such establishment would be detrimental to the public welfare of the citizens of the city. (Ord. 1423 § 9, 1975; prior code § 5-1209)
5.28.130 Suspension or revocation – Fraud or deception – Moral turpitude – Refusal to renew.
The following shall be grounds for suspension, revocation or refusal to renew any license of a masseur, masseuse, public massage parlor attendant or public bathhouse attendant:
A. Fraud or deception in connection with securing the license;
B. Conviction of any crime involving moral turpitude;
C. Conviction of violating a federal, state or local law relating to sex offenses, or to possession, use or sale of narcotics, dangerous drugs or alcoholic beverages;
D. Habitual drunkenness or intemperance in the use of narcotics or stimulants. (Ord. 1423 § 15, 1975; prior code § 5-1215)
5.28.140 Required facilities and practices.
The premises and equipment of all public massage parlors and public bathhouses shall be maintained in a clean, safe and sanitary manner and it shall be the duty of the owner or operator of such establishment to meet the following requirements:
A. Adequate lighting, heating and ventilating is to be installed and maintained in all parts of the facility in full compliance with the city’s applicable building, mechanical, plumbing, electrical and related codes.
B. Each patron using such a facility shall be furnished with an individual clean towel or disposable paper mat by the operator thereof; towels shall not be reused until they are washed and sanitized. There shall be adequate facilities for towel and mat storage.
C. If any facility contains any swirling water pools where more than one person is immersed, such pools shall be maintained under the same restriction as any public or semi-public pool. Bacterial quality shall be such that not more than 15 percent of any series of samples, not more than two consecutive samples in any series of samples collected at times when the pool is in use, shall allow the presence of coliform bacteria in any of the five 10-milliliter portions examined. Chlorine residual of four-tenths parts per million in all parts of the pool while in use will assure acceptable bacteriological standards.
D. Chlorine and pH test kit should be used routinely to check the chemical makeup of pool water and results are to be recorded on a daily log sheet and to be kept current at all times.
E. Any stools or benches in any bath facility should be easily cleanable and soundly constructed. They should be covered with single-service towels when in use.
F. All exercise equipment and appliances shall be routinely checked for possible structural weaknesses and shall be maintained in a safe and sanitary manner at all times.
G. All pools must be provided with recirculation and filtering equipment, which equipment shall include a rate-of-flow indicator and a loss-of-head gauge for the backwash filter.
H. All shower and dressing facilities shall be available outside the pool area. Such area must be well lighted and ventilated with nonslip floor finish provided. Shower areas must slope to a floor drain.
I. A safety bar or handrail should be installed in the pool, easily accessible to users in every area of the pool.
J. Any sauna bath or similar facility shall duly post a maximum exposure time table as suggested by the manufacturer thereof.
K. Ceilings shall be used in the sauna area which are so devised as to prevent dripping of hot water on users.
L. Any facilities using ultraviolet exposure rooms in their establishment shall post maximum exposure time, which shall not exceed three minutes for any individual. (Ord. 1423 § 10, 1975; prior code § 5-1210)
5.28.150 Prohibited persons.
It is unlawful for the owner, proprietor, manager or person in charge of any public massage parlor or public bathhouse, or for any employee of the establishment knowingly to harbor, admit, receive or permit to be or remain in or about such premises any prostitute, lewd or dissolute person, any drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic drugs. (Ord. 1423 § 11, 1975; prior code § 5-1211)
5.28.160 Advertising without license.
It is unlawful to advertise the giving of massage treatments or public baths by a person or in an establishment not licensed or otherwise qualified pursuant to this chapter. (Ord. 1423 § 12, 1975; prior code § 5-1212)
5.28.170 Liquor distribution or consumption.
Liquor, as that term is defined in the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on the premises of any public massage parlor or public bathhouse. (Ord. 1423 § 17, 1975; prior code § 5-1217)
5.28.180 Access for inspections.
The premises of any public massage parlor or public bathhouse shall be open for reasonable inspection at all times by Whatcom County health officers and Blaine police officers. (Ord. 1423 § 18, 1975; prior code § 5-1218)
5.28.190 Exemptions from chapter.
A. When no fee, compensation or any other monetary consideration is charged or paid, directly or indirectly, for such services, the provisions of this chapter do not apply to:
1. Persons giving massage treatments or baths in a private residence or a 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 performing such practices of massage as are incidental to their course of study.
B. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who treat patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the state to treat the sick, injured or infirm, or by any nurse under the direction of a person so licensed.
C. Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barbershops for purposes of beautification only are also exempt from the provisions of this chapter. (Ord. 1423 § 5, 1975; prior code § 5-1205)
5.28.200 Violation – Penalty.
Any person convicted of a violation of this chapter is guilty of a misdemeanor and shall be punished by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 1423 § 19, 1975; prior code § 5-1219)