Chapter 5.08
MASSAGE PARLORS AND BATHHOUSES

Sections:

5.08.010    Purpose.

5.08.020    Definitions.

5.08.030    License and permits required.

5.08.040    Exemptions.

5.08.050    Fees.

5.08.060    Establishment license – Application – Contents.

5.08.070    Establishment license – Public officials’ duties.

5.08.080    Establishment license – Issuance – Grounds for denial.

5.08.090    Establishment license – Approval or denial – Time.

5.08.100    Massagist permit – Application – Contents.

5.08.110    Massagist permit – Public officials’ duties.

5.08.120    Massagist permit – Issuance – Grounds for denial.

5.08.130    Massagist permit – Approval or denial – Time.

5.08.140    Establishment license – Suspension or revocation – Grounds.

5.08.150    Massagist permit – Suspension or revocation – Grounds.

5.08.160    Appeal.

5.08.170    Unlawful acts.

5.08.180    Liquor, controlled substances – Prohibited.

5.08.190    Facility standards – Minimum.

5.08.200    Operating requirements.

5.08.210    Records.

5.08.220    Inspection.

5.08.230    Name and place of business.

5.08.240    Sale or transfer or change of location.

5.08.250    Transfer of license.

5.08.010 Purpose.

The council finds that certain practices and conditions associated with public massage parlors and public bathhouses may be injurious to the public health and the public morals and that regulation and licensing of such establishments and their employees is necessary in the interests of the public welfare of the citizens of the city. (Ord. 450 § 1, 1978).

5.08.020 Definitions.

For the purposes of this chapter the following words shall have the meanings ascribed to them as follows:

A. “Clerk” means such city employee or agent as the city manager designates as licensing official.

B. “Employee” means any person over 18 years of age, other than a massagist, who renders any service in connection with the operation of an establishment and receives compensation from the operator of the business or patrons.

C. “Establishment” means a public bathhouse and/or a public massage parlor.

D. “License” means a certificate issued by the city authorizing the holder thereof to own or operate an establishment as defined in this section.

E. “Licensee” means the person to whom a license has been issued to own or operate an establishment as defined in this section.

F. “Massage” means the method, art or science of treating the human body for hygienic, remedial or relaxational purposes by rubbing, stroking, tapping, pounding, kneading, rolling, vibrating, manipulating or stimulating the external parts of the human body of another with the hands, or by any other agency or instrumentality, including but not limited to mechanical and/or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other such similar preparations commonly used in the practice of massage. The term “massage,” as used in this chapter, 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.

G. “Massagist” includes masseur, masseuse, massage parlor attendant or bathhouse attendant.

H. “Masseur, masseuse” means a male person, or female person, respectively, who practices massage or holds himself or herself out as practicing massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

I. “Outcall massage service” means any business, the function of which is to engage in or carry on massages at a location designated by the patron rather than at an establishment as defined in this section.

J. “Patron” means any person over 18 years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration or gratuity therefor.

K. “Permit” means a certificate issued by the city authorizing the holder thereof to:

1. Act as a masseur; or

2. Act as a masseuse; or

3. Act as a public bathhouse attendant; or

4. Act as a public massage parlor attendant.

L. “Permittee” means the person to whom a permit has been issued to act in the capacity of a massagist.

M. “Person” means any individual, association, company, corporation, firm, joint stock company, partnership or organization of any kind.

N. “Public bathhouse” means any fixed place of business within the city where baths or facilities for baths of any kind whatever are given or furnished for, or in expectation of 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 section, either by physical manipulation of the body or by the use of equipment.

O. “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.

P. “Public massage parlor” means any fixed place of business within the city where massages are given or furnished, or in expectation of any fee, compensation or monetary consideration.

Q. “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. The term does not include a person who performs only custodial or janitorial work.

R. “Recognized school” means any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc., and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than 70 hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.

S. “Sexual or genital area” means genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female. (Ord. 450 § 2, 1978).

5.08.030 License and permits required.

A. Business License Required. No person shall conduct, operate or maintain an establishment unless that person has a valid business license issued by the city pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.

B. Permit Required. No person shall act as a massagist unless a valid and subsisting permit has been issued to that person by the city pursuant to the provisions of this chapter. (Ord. 450 § 3, 1978).

5.08.040 Exemptions.

A. When no fee, compensation, gratuity or any other monetary consideration is charged or paid, directly or indirectly for such services, the provisions of this chapter shall not apply to:

1. Persons giving massage treatments or baths in a private residence or bona fide private social or athletic club, or organization not open to the public generally, which has been in continuous existence and operation for a period of two years or more and which caters only to club or organization members;

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:

1. 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;

2. Barbers and beauticians who are duly licensed under the laws of the state, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes. (Ord. 450 § 4, 1978).

5.08.050 Fees.

A. License Fee. The fee for an establishment license and/or renewal of the same shall be and is fixed in the sum of $500 per year. Such fee is not refundable except as provided in subsection F of this section. The purpose of such fee shall be as follows:

1. The police chief’s investigation of the applicant and the statements made in the application;

2. The city planner’s determination of compliance with the zoning code;

3. The building official’s determination of compliance with the construction codes set forth in MICC Title 17 and any other related codes;

4. The fire chief’s determination of compliance with regulation of the fire prevention code;

5. Further investigation and inspection of the establishment premises as set forth in MICC 5.08.190 and 5.08.200;

6. The city clerk’s issuance of such license.

B. Permit Fee. The fee for a massagist’s permit and/or renewal of the same shall be $25 per year. Such fee is not refundable except as provided in subsection F of this section. The purpose of such fee shall be as follows:

1. The police investigation of the applicant and the statements made in the application;

2. The city clerk’s issuance of such license.

C. Expiration Date. All licenses and permits shall expire on December 31 of the year for which they are issued and there shall be no prorating of such fees; except that when the original application for a license or permit is made subsequent to June 30, then the fee for the balance of that year shall be one-half of the annual fee.

D. Filing Date. Applications for renewal of a license or permit issued under this chapter shall be made on or before the expiration date provided for in this section in the same manner and on payment of the same fees as provided for an original application under this chapter.

E. Late Charge. There shall be assessed by the clerk an additional charge on applications not filed or on before said expiration date as follows:

Days Past Due

Percent of License/Permit Fee

7 – 30

25%

31 – 60

50%

61 or more

75%

F. Refund Request. If, pursuant to the provisions of this chapter, the applicant’s request for a license or permit is denied, either upon original application or renewal, 50 percent of the fee tendered shall be refunded to the applicant, if the applicant requests such refund no later than 90 days following such denial, otherwise such amount shall be forfeited to the city. (Ord. 06C-06 § 2; Ord. 04C-12 § 6; Ord. 450 § 5, 1978).

5.08.060 Establishment license – Application – Contents.

A. No license or renewal of a license to conduct an establishment 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 an establishment. Each application shall contain the following information:

1. The business name, business address and all telephone numbers of the establishment or proposed establishment;

2. A definition of service to be provided: Hereinafter, all provisions which refer to applicant include an applicant which may be a corporation or partnership. If an applicant is a corporation the application requirements of this section shall apply to all the corporation officers and directors. In addition, shareholders owning more than 10 percent of the stock of such corporation shall comply with these requirements, unless otherwise provided. If an applicant is a partnership, the application requirements of this section shall apply to all the partners, both general and limited;

3. The true name, home address and telephone number of each applicant and whether the applicant is a sole proprietorship, partnership or corporation.

a. If applicant is a corporation, it shall set forth the name, residence address and telephone number of each of its officers and directors of said corporation and of each stockholder owning more than 10 percent of the stock of the corporation. In addition, the address of the corporation itself, if different from the address of the establishment.

b. If applicant is a partnership, it shall set forth the name, residence address and telephone number of each of the partners, including both general and limited partners. In addition, the address of the partnership itself, if different from the address of the establishment;

4. Proof that the applicant is at least 18 years of age, except that if the applicant is a corporation such proof shall apply only to the directors and officers of said corporation;

5. Applicant’s sex, weight, height and color of eyes and hair, and date of birth;

6. Copy of applicant’s identification such as driver’s license and social security card;

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 enterprise of such corporation;

8. The business name and address of any establishment, as defined in this chapter, owned or operated by any person whose name is required to be given in subsection 3 of this section wherein the business or profession of massage is carried on;

9. The massage or similar business license history of the applicant, whether the applicant in previously operating in this or another city or state has had a business license denied, revoked or suspended and the reason therefor;

10. The business occupation or employment of the applicant for the five years immediately preceding the date of the application;

11. How long the applicant has resided in King County. If not a resident of King County continuously for the last five years, previous residence addresses during that period;

12. A description of any other business to be operated on the same premises or adjoining premises owned or controlled by the applicant;

13. Two 2-inch by 2-inch black and white photographs of the applicant or in the case of an applicant other than an individual, the party signing the application, showing only the full front-face portrait of the applicant taken within the six months prior to the date of the original application. The license, when issued, shall have affixed to it such photograph of the applicant or the party signing the application. In addition a complete set of the applicant’s fingerprints which shall be taken by the police department.

a. If the applicant is a corporation, the fingerprinting requirements shall apply only to all officers and directors or managing agents of such corporation.

b. If the applicant is a partnership, the fingerprinting requirements shall apply only to all partners, both general and limited of said partnership.

c. Each set of photographs shall be provided at the applicant’s expense.

d. Fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Bureau;

14. Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of or forfeited bail to any crime, excluding minor traffic offenses. If so, state the charge and nature of the crime, the name and location of the court in which the case was filed and if different, the name and location of the convicting court and the disposition thereof;

15. The name and residence address of each massagist who is or will be employed in the establishment;

16. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught; provided, however, that if the applicant will not himself engage in the practice of massage as defined in this chapter, the applicant need not possess such diploma or certificate;

17. Authorization for the city, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license;

18. The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If applicant is able, the statement must first be furnished from residents of the city, then King County, then the state, and lastly from the rest of the United States. These references must be persons other than relatives and business associates;

19. All assumed names or aliases which have been or are used by any person whose name appears on an application;

20. Such other relevant identification and information necessary as the city clerk may reasonably require to discover the truth of the matters specified in this section as required to be set forth in the application.

Upon completion of the above provided form and the furnishing of all foregoing information, the city clerk will accept the application for the necessary investigations. The holder of an establishment license shall notify the city clerk of each change in any of the data required to be furnished by this section within 10 days after such change occurs. (Ord. 450 § 6, 1978).

5.08.070 Establishment license – Public officials’ duties.

Upon filing of an application for issuance or renewal of an establishment license, the city clerk shall within five days forward copies to the police chief, the director of community development, the building official and the Seattle-King County health department, which public officials shall perform the following duties:

A. Within 30 days after receipt of a copy of the application, the police chief or his/her agent shall investigate the statements set forth in the application and submit a written report to the clerk whether or not the information received by the police department confirms the information in the application.

B. Within 30 days after receipt of a copy of the application, the director of community development or his agent shall inspect the proposed establishment and submit a written report to the city clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code.

C. Within 30 days after receipt of a copy of the application, the building official or his agent shall inspect the proposed establishment and submit a written report to the city clerk whether it complies with the regulations of the building code and related codes, and that the requirements of MICC 5.08.190 and 5.08.200 have been met.

D. Within 30 days after receipt of a copy of the application, the fire chief or his/her agent shall examine the proposed establishment and submit a written report to the city clerk as to whether it complies with the regulations of the fire prevention code.

E. Within a reasonable period of time, after receipt of a copy of the application, the agent for the Seattle-King County health department shall inspect the premises or proposed premises to determine its suitability and adequacy as to sanitary and physical conditions and submit a written report to the city clerk thereon. (Ord. 06C-06 § 2; Ord. 450 § 7, 1978).

5.08.080 Establishment license – Issuance – Grounds for denial.

The city clerk shall issue an establishment license to the applicant if all the application requirements of MICC 5.08.060 are met, and the statements contained in the application are determined to be true, unless the clerk finds one of the following, in which case the license application shall be denied:

A. The correct license fee has not been tendered to the city, and in the case of a check, or bank draft, honored with payment upon presentation;

B. That one or more of the written evaluation reports required by MICC 5.08.070 reveals noncompliance;

C. The applicant if an individual; or if a corporation any of the officers or directors; or in the case of stockholders, those holding more than 10 percent of the stock of such corporation; or if a partnership any of the partners, whether general or limited, or the manager or other person principally in charge of the operation of the business; have been convicted of any of the following offenses, whether it be a violation of federal, state of local law or convicted of an offense without the state that would have constituted any of the following offenses if committed within the state:

1. An offense involving the use of force or violence upon the person of another that amounts to either a felony or misdemeanor,

2. An offense involving sexual misconduct,

3. An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony,

4. A crime involving moral turpitude,

5. A crime of attempting to defraud.

The city clerk may issue a license to any person convicted of any of the crimes described in this subsection if the clerk finds that such conviction occurred at least five years prior to the date of the original application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section;

D. The applicant has knowingly made any false misrepresentation or fraudulent statement of fact, or failed to disclose facts or has provided incorrect, false or misleading information in the license application or in any document required by the city in conjunction therewith;

E. The applicant has had an establishment license or other similar license denied, revoked, or suspended by the city or any other state or local agency within five years prior to the date of the original application;

F. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years;

G. No license shall be issued under this section unless the applicant has a current state license issued under the provisions of applicable state statutes and regulations. (Ord. 450 § 8, 1978).

5.08.090 Establishment license – Approval or denial – Time.

A. The city clerk shall act to approve or deny an application for a license under this chapter within a reasonable period of time and in no event shall the city act to approve or deny said license later than 90 days from the date that said application was accepted by the city clerk. Every license issued pursuant to this chapter will expire as provided in MICC 5.08.050C unless sooner suspended or revoked as provided in MICC 5.08.140.

B. Any applicant for an establishment license whose application, whether initial or renewal, is denied pursuant to MICC 5.08.080 shall have the right to appeal such action as provided in MICC 5.08.160. (Ord. 450 § 9, 1978).

5.08.100 Massagist permit – Application – Contents.

No permit or renewal of a permit to act as a massagist 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. Each application shall contain the following information:

A. The true name, home address and telephone number of the applicant;

B. The business name, business address and all telephone numbers where the massagist will operate;

C. Applicant’s sex, weight, height, color of hair and eyes;

D. Social Security number, driver’s license number, if any, and date of birth;

E. Proof that the applicant is at least 18 years of age;

F. The massage or similar business history and experience of applicant for the five years prior to the date of the original application, including but not limited to whether or not such person, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefor;

G. Present and previous occupation or occupations of the applicant for the preceding five years, and the address and telephone number of the place of employment;

H. How long the applicant has resided in King County, and the previous residence or residences for the five years preceding the date of the original application. If not a resident of King County continually for the last five years, the previous residence addresses during that period;

I. Two 2-inch by 2-inch black and white photographs of the applicant taken within six months prior to the date of the original application, showing only a full front face portrait of such applicant. The permit, when issued shall have affixed to it such photograph. The photographs shall be provided at the applicant’s expense;

J. 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;

K. Whether the applicant has ever been convicted or forfeited bail to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the court in which the case was filed, and if different, the name and location of the convicting court, the date of conviction and the disposition thereof;

L. The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than 70 hours of instruction. In no event shall any person within the purview of this chapter act as aforesaid without satisfying the training requirement set forth within this section after the effective date of the ordinance codified in this chapter;

M. The names, current addresses and written statements of at least three bona fide permanent residents other than relatives and business associates of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then King County, then the state and lastly from the rest of the United States;

N. All assumed names or aliases which have been or are used by the applicant;

O. A medical certificate signed by a physician, licensed to practice in the state within seven days of the date of the original application. The certificate shall state that the applicant is free from and is not a carrier of any contagious or communicable diseases, omitting minor colds. The information required by this subsection shall be provided at the applicant’s expense;

P. Authorization for the city, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

Q. Such other relevant identification and information necessary as the city clerk may reasonably require to discover the truth of the matters specified in this section as required to be set forth in the application;

R. Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly stated and signed in the city. (Ord. 450 § 10, 1978).

5.08.110 Massagist permit – Public officials’ duties.

Upon filing of an application for issuance or renewal of a massagist’s permit, the city clerk shall within 10 days forward a copy to the police department with the request to investigate the statements contained in said application, and to furnish a written report within 30 days after receipt of a copy of the application containing the results of the investigation and any other matters pertinent to said application. Such report shall advise the city clerk whether the application contains false, misleading or incomplete information or misrepresentations, if any. (Ord. 450 § 11, 1978).

5.08.120 Massagist permit – Issuance – Grounds for denial.

The city clerk shall issue a massagist permit to the applicant if all the application requirements of MICC 5.08.100 are met, and the statements contained in the application are determined to be true, unless the clerk finds one of the following, in which case the permit application shall be denied:

A. The correct permit fee has not been tendered to the city, and, in the case of a check, or bank draft, honored without payment upon presentation;

B. That the applicant has been convicted of any of the following offenses whether the violation be of a federal, state or local law or convicted of an offense outside the state that would have constituted any of the following offenses if committed within the state:

1. An offense involving the use of force or violence upon the person of another which amounts to a felony or misdemeanor,

2. An offense involving sexual misconduct,

3. An offense involving narcotics, dangerous drugs or dangerous weapons which amounts to a felony,

4. A crime involving moral turpitude,

5. A crime involving fraud or attempt to defraud.

The city clerk may issue a license to any person convicted of any of the crimes described in this subsection if the clerk finds that such conviction occurred at least five years prior to the date of the original application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section;

C. The applicant knowingly made any false representation or fraudulent statement of fact, or failed to disclose facts or provided incorrect, false or misleading information in the permit application or in any document required by the city in conjunction therewith;

D. The applicant has had a subsequent permit or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of the original application;

E. The applicant is not over the age of 18 years;

F. The applicant does not possess a state license to practice as a massagist issued pursuant to the provisions of applicable statutes and regulations. (Ord. 450 § 12, 1978).

5.08.130 Massagist permit – Approval or denial – Time.

A. The city clerk shall act to approve or deny an application for a permit under this chapter within a reasonable period of time, and in no event shall the city clerk act to approve or deny said permit later than 90 days from the date that said application was accepted by the city clerk. Every permit issued pursuant to this chapter will expire as provided in MICC 5.08.050C unless sooner suspended or revoked as provided in MICC 5.08.150;

B. Any applicant for a massagist’s permit whose application, whether initial or renewal, is denied pursuant to MICC 5.08.120 shall have the right to appeal such action as provided in MICC 5.08.160. (Ord. 450 § 13, 1978).

5.08.140 Establishment license – Suspension or revocation – Grounds.

A. The following shall be grounds for suspension or revocation of an establishment license issued under the provisions of this chapter:

1. The license was procured by fraud or false representation of facts; or

2. For violation of, or failure to comply with the provisions of this chapter by the licensee or any of his servants, massagists, agents or employees and the conviction thereof; or

3. For conviction of a licensee for violating a federal, state or local law, subsequent to the date of issuance of the establishment license, relating to:

a. An offense involving the use of force or violence upon the person of another that amounts to a felony or misdemeanor, or

b. An offense involving sexual misconduct, or

c. An offense involving possession, use or sale of narcotics, dangerous drugs or alcoholic beverages, or

d. An offense involving dangerous weapons which amounts to a felony, or

e. An offense involving moral turpitude or the conviction of any of the licensee’s servants, massagists, agents or employees of an offense involving moral turpitude committed on the premises in which the licensed establishment is located; or

4. That it is determined that the further operation of such establishment would be detrimental to the public health or welfare of the citizens of Mercer Island.

B. Suspension. The city clerk shall suspend the license of an establishment licensed under this chapter for a period of:

1. Thirty days upon receipt by the clerk of notice of a first conviction pursuant to the ground cited in subdivision A.2 of this section;

2. Sixty days upon receipt by the clerk of notice of a second conviction pursuant to the ground cited in subdivision A.2 of this section.

C. Revocation.

1. The city clerk shall revoke the license of an establishment upon receipt of a notice of a third conviction pursuant to the ground cited in subdivision A.2 of this section within five years of the initial convictions referred to in subsection B of this section.

2. The city clerk shall revoke the license of an establishment licensed under this chapter for all other grounds stated in subsection A of this section. (Ord. 450 § 14, 1978).

5.08.150 Massagist permit – Suspension or revocation – Grounds.

A. The following shall be grounds for suspension or revocation of a massagist permit issued under the provisions of this chapter:

1. The permit was procured by fraud or false representation of facts; or

2. For violation of, or failure to comply with the provisions of this chapter which regulate massagists, and the conviction thereof; or

3. For conviction of the massagist for violation of a federal, state or local law subsequent to the date of the issuance of the massagist permit relating to:

a. An offense involving the use of force or violence upon the person of another which amounts to a felony or misdemeanor, or

b. An offense involving sexual misconduct, or

c. An offense involving possession, use or sale of narcotics, dangerous drugs or alcoholic beverages, or

d. An offense involving dangerous weapons which amounts to a felony, or

e. An offense involving moral turpitude; or

4. Habitual drunkenness or intemperance in the use of narcotics or stimulants; or

5. Conduct inimical to the public health or welfare.

B. Suspension. The city clerk shall suspend the permit of a massagist licensed under this chapter for a period of:

1. Thirty days upon receipt by the clerk of the notice of a first conviction of the massagist pursuant to the ground cited in subdivision A.2 of this section;

2. Sixty days upon receipt by the clerk of notice of a second conviction of the massagist pursuant to the ground cited in subdivision A.2 of this section.

C. Revocation.

1. The city clerk shall revoke the permit of a massagist licensed under this chapter upon receipt of a notice of a third conviction of the massagist pursuant to the ground cited in subdivision A.2 of this section within five years of the initial convictions referred to in subsection B of this section.

2. The city clerk shall revoke the permit of a massagist licensed under this chapter for all other grounds stated in subsection A of this section. (Ord. 450 § 15, 1978).

5.08.160 Appeal.

A. Any person whose application for either an establishment license, or for a massagist permit, whether initial or renewal, is denied pursuant to MICC 5.08.080 or 5.08.120 respectively, or whose existing license or permit is suspended or revoked pursuant to MICC 5.08.140 or 5.08.150 respectively, shall be notified by the city clerk by registered or certified mail, return receipt requested, of the city clerk’s decision. Notice mailed to the residence address on file of the person signing the application shall be deemed received three days after the mailing date. The notice shall specify the grounds for the denial, failure to renew, suspension or revocation. The denial, failure to renew, suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless during that 10 day period the person notified files a written appeal with the city clerk requesting a hearing before the city council on such matter.

B. Such notice or appeal filed with the city clerk shall, within five days thereof, be transmitted by the city clerk to the city manager along with the pertinent records and a report describing the reasons for such administrative action.

C. The city manager shall then, within an additional 10 days following receipt of such material, transmit such information to the city council which shall set such matter for hearing not less than 14 days or more than 28 days following the date of receipt of such information by the city manager.

D. Upon the setting of such matter for hearing, the city clerk shall notify the appellant by registered or certified mail, return receipt requested, of the hearing date.

E. The appellant may appear and be heard before the city council and present such facts and arguments as may tend to support the appellant’s position, subject to reasonable rules and regulations provided by the city council.

F. At the conclusion of the hearing the city council shall affirm, reverse or modify the administrative ruling and its decision shall be final. Such decision and the grounds therefor shall be made in writing.

G. If the city clerk’s action resulted in a denial of an initial license or permit application, no establishment required to be licensed or no massagist required to have a permit under the provisions of this chapter shall engage in such activity as is allowed by license or permit in the interim period between the city clerk’s action and the time the city council affirms, reverses or modifies the city clerk’s action.

H. If the city clerk’s action results in either a nonrenewal, suspension or revocation of such license or permit, the filing of the appeal shall stay the action of the clerk pending the final decision of the city council.

I. In the event the applicant affected by the city clerk’s action does not appeal or request a hearing before the city council within the aforementioned period, the license or permit of said applicant shall be denied, nonrenewed, suspended or revoked as provided in the initial notice. (Ord. 450 § 16, 1978).

5.08.170 Unlawful acts.

A. It is unlawful for any massagist or employee in an establishment to intentionally place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any patron whether or not the patron requests or acquiesces in the activity.

B. It is unlawful for any massagist or employee in an establishment to intentionally expose his or her sexual or genital parts or any portion thereof, to any patron, whether or not the patron requests or acquiesces in the activity. It is also unlawful for any massagist or employee in an establishment to expose the sexual or genital parts, or any portions thereof, of any other massagist, employee or other person to any patron whether or not the patron requests or acquiesces in the activity.

C. It is unlawful for any massagist or employee, while in the presence of any patron, to intentionally fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body whether or not the patron requests or acquiesces in the activity.

D. It is unlawful for any massagist or employee to participate with any patron in acts of sodomy, fornication, cunnilingus or fellatio upon the premises of the establishment licensed pursuant to this chapter, whether or not the patron requests or acquiesces in the activity.

E. It is unlawful for any massagist or employee of such establishment to knowingly admit any person under the age of 18 years to come or remain on the premises of any establishment, as massagist, employee or patron unless such person is on the premises on lawful business or unless such person is accompanied by his or her parent or legal guardian.

F. It is unlawful for any licensee, massagist or employee to conduct an establishment business after the hour of 12 midnight and prior to the hour of 8 am.

G. It is unlawful for any massagist or employee to knowingly 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, or any person under the influence of intoxicating liquor or narcotic drugs, or any person whose conduct tends in any to corrupt the public morals.

H. It is unlawful for any massagist, employee or person to personally give notice, or activate any device which causes a light to flash, illuminate, or darken, or a buzzer to sound, which might cause any notice whatsoever to be given, to any person in any cubicle, room, booth, or any area within an establishment that the personnel authorized to inspect as provided in MICC 5.08.220 are present.

I. It is unlawful for any licensee, and/or any person owning, operating, managing or in charge of any establishment licensed pursuant to this chapter, without regard to their status as either massagist or employee, to personally engage or participate in, or perform any of the acts prohibited by subsections A through H of this section.

J. It is unlawful for any licensee, and/or any person owning, operating, managing or in charge of any establishment licensed pursuant to this chapter, who has actual or constructive knowledge of the illegality of the acts, to allow, permit or encourage in or about such establishment any massagist, employee, agent or any other person under his control or supervision to perform such acts prohibited in subsections A through G of this section.

K. It is unlawful for any licensee, and/or any person owning, operating, managing or in charge of an establishment required to be licensed under this chapter:

1. To conduct or operate an establishment business not licensed pursuant to this chapter;

2. To advertise the giving of massage treatments or public baths in an establishment not licensed pursuant to this chapter or by any person or persons not qualified pursuant to this chapter;

3. To employ in such establishment any person to act as a massagist who does not have a valid massagist permit issued by the city pursuant to this chapter;

4. To employ in such establishment any person under the age of 18 years or any person over the age of 18 years who is without good moral character;

5. To permit the establishment to be open to the public unless there is on the premises at all times at least one person who is qualified pursuant to this chapter to act as a massagist;

6. To conduct upon the premises any other business than the one licensed under this chapter. For the purpose of this section, any business activity which is conducted at the premises, but uses the licensed premises as a point of meeting or for telephone answering to make arrangement, shall be deemed to be conducted upon the premises.

L. It is unlawful for any permittee under this chapter to administer massage on an outcall basis. Such permittee shall administer massage solely within an establishment licensed to carry on such business under this chapter. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a patron who, because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the patron, and the name of the massagist administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said patron shall be kept by the licensee or person or employee designated by the licensee. Such records shall be maintained as provided in MICC 5.08.210 and shall be open to inspection as provided in MICC 5.08.220. The information furnished or required as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by an employee of the business of the city shall be unlawful.

M. It is unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within an establishment which is fitted with a door capable of being locked or capable of being barricaded or blocked in any manner while occupied by a massagist or employee and patron. All doors or doorway coverings within an establishment shall have an unobstructed opening six inches by six inches in size capable of clear two-way viewing into and out of all cubicles, rooms, or booths. The opening shall be not less than four and one half feet from the floor of the establishment nor more than five and one-half feet from the floor. Tables and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health departments. (Ord. 450 § 17, 1978).

5.08.180 Liquor, controlled substances – Prohibited.

A. 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 establishment licensed pursuant to this chapter, unless the premises are licensed to serve the same by the Washington State Liquor Control Board.

B. Controlled substances, as defined by the Washington State Uniform Controlled Substances Act, shall not be distributed or consumed on the premises of any establishment licensed pursuant to this chapter. (Ord. 450 § 18, 1978).

5.08.190 Facility standards – Minimum.

The premises and equipment of an establishment shall be maintained in a clean, safe and sanitary manner. It shall be the duty of the licensee and/or any person owning, operating, managing or in charge of such establishment to meet the following minimum requirements. As provided in MICC 5.08.080, no license to conduct an establishment shall be issued or renewed unless an inspection by the officials authorized in MICC 5.08.070 reveals that the establishment complies with each of the following requirements. Furthermore, as provided in MICC 5.08.140, an establishment license may be suspended or revoked if an inspection by the authorized officials reveals that the establishment is not in compliance with each of the following requirements:

A. Adequate lighting, heating and ventilating shall be installed and maintained in all parts of the facility in full compliance with the city’s applicable building, mechanical, electrical and related codes.

B. Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the construction codes set forth in MICC Title 17. Plumbing fixtures shall be installed in accordance with the Uniform Plumbing Code.

1. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the city:

a. Ceilings shall be used in the sauna area which are so devised as to prevent dripping of hot water.

b. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.

c. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

2. Any sauna bath or similar facility shall duly post a maximum exposure time table as suggested by the manufacturer thereof.

3. Any facilities using ultraviolet exposure rooms in their establishment shall post a maximum exposure time which shall not exceed three minutes for any individual.

C. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

D. Closed cabinets shall be provided and used for the storage of clean linen, towels, mats and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

E. Toilet facilities shall be provided in convenient locations. When massagist or employees and patrons of different sexes are on the establishment premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more massagists or employees and patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

F. Separate dressing rooms for each sex must be available on the premises with individual lockers for each massagist or employee. Doors to such dressing rooms shall open inward and shall be self-closing.

G. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap, a dispenser with single service towels and a waste receptacle.

H. All electrical equipment shall be installed in accordance with the requirements of the city’s electrical code.

I. 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.

J. A safety or hand rail shall be installed in the pool easily accessible to users in every area of the pool.

K. 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 on floors sloping to a floor drain. (Ord. 04C-12 § 6; Ord. 450 § 19, 1978).

5.08.200 Operating requirements.

It shall be the duty of the licensee and/or any person owning, operating, managing or in charge of such establishment to meet the following operating requirements. As provided in MICC 5.08.080, no license to conduct an establishment shall be issued or renewed unless an inspection by the authorized officials reveals that the establishment complies with each of the following requirements. Furthermore, as provided in MICC 5.08.140, an establishment license may be suspended or revoked if an inspection by the authorized officials reveals that the establishment is not in compliance with each of the following requirements:

A. Every portion of the establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary manner.

1. 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.

2. All exercise equipment and appliances shall be routinely checked for possible structural weakness and shall be maintained in a safe and sanitary manner at all times.

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. Each establishment shall be provided with clean, laundered sheets and towels in sufficient quantity and stored in a sanitary manner.

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 semipublic pool. Bacterial quality shall be such that not more than 15 percent of any series of samples nor 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 0.4 ppm in all parts of 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 to be recorded on a daily log sheet and to be kept current at all times.

E. Each licensed establishment shall during the license term keep prominently posted in a location of public view a list of all services offered with a description of such services and the price rate for each service. All such business transactions shall thereupon be conducted in accordance with such representations.

F. Posting of License. Every massagist shall prominently post the permit required by this chapter in a location of public view in the establishment where such permittee is employed at all times, and such permit shall not be tampered with in any manner.

G. No establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services. (Ord. 450 § 20, 1978).

5.08.210 Records.

A. The licensee and/or the person owning, operating, managing, or in charge of any establishment licensed pursuant to this chapter shall keep a daily record of all patrons utilizing the services given by or at such establishment. Such record shall include the following information:

1. Date of the service;

2. Time of the service;

3. Patron’s name and address;

4. Type of service rendered;

5. Name and address of the massagist or employee actually rendering such services; and

6. Amount of money paid by each patron for the services, including gratuities.

B. The licensee and/or the person owning, operating, managing, or in charge of any establishment licensed pursuant to this chapter shall maintain a register of all persons employed and/or using the establishment at any time as massagists and their permit numbers.

C. Outcall massage records required by MICC 5.08.170L shall be retained for a period of five years after the date of treatment.

D. The records required to be kept by subsection A of this section shall be retained for a period of five years after the date of treatment. The records required to be kept by subsection B of this section shall be retained for a period of five years after the date of initial employment or use of the establishment.

E. The records required to be kept by this section shall at all times during the retention period be present on the premises of the licensed establishment. Such records shall be open to inspection as provided in MICC 5.08.220. (Ord. 450 § 21, 1978).

5.08.220 Inspection.

Any establishment required to be licensed under this chapter shall be open to inspection for such purpose, at such time, place and by the following authorities as provided in this section:

A. Purpose. Inspections of facilities required to be licensed under this chapter shall be conducted for the purpose of determining compliance with the requirements of this chapter.

B. Time. The authorities listed in subsection D of this section may visit and inspect the premises of an establishment at any time when such establishment is open for business.

C. Place. The inspection as limited by subsection A of this section shall include the premises in or about the establishment that are open to the public. Public premises within the establishment shall be deemed to include any area in which patrons may undergo massage treatment. All interior doors within such premises, excluding doors to office or storage rooms, shall be so equipped that they may not be fastened shut so as to prevent immediate access by the authorized officials. However, this subsection shall not be so construed to permit the physically forcible entry by the authorized officials into any area of an establishment, except under those circumstances authorized by law. But refusal to permit inspection for the purposes set forth below, shall be grounds for suspension or revocation of an establishment’s license pursuant to MICC 5.08.140 or of a massagist permit pursuant to MICC 5.08.150.

D. Authorities. The following authorities are authorized to conduct inspections as required by this section. In each case an authorized representative or agent may act on their behalf.

1. City building official;

2. Seattle-King County health department;

3. Police chief;

4. Fire chief;

5. City attorney;

6. Federal, state or city law enforcement personnel; and

7. Any other person or organization deemed necessary to make an inspection by the city council.

E. Inspection of Establishment Premises – Scope. Such inspection shall be limited to the following purposes:

1. To ascertain whether or not all massagists working on the establishment premises possess the proper permit;

2. To ascertain whether or not the requirements of MICC 5.08.190, facilities standards, are met;

3. To ascertain whether or not the requirements of MICC 5.08.200, operating requirements, are met;

4. To inspect the records required to be maintained by MICC 5.08.210 for good cause shown;

5. To ascertain whether the provisions of MICC 5.08.170 and 5.08.180 are being complied with.

F. Inspection Reports. All authorities conducting inspections pursuant to this section shall submit an inspection report to the city clerk and the police chief. Furthermore, if during an inspection conducted within the parameters of subsection E of this section, noncompliance with other provisions of this chapter are discovered to exist, such authority shall without delay submit a report to the city clerk and police chief. (Ord. 06C-06 § 2; Ord. 450 § 22, 1978).

5.08.230 Name and place of business.

No person granted a license pursuant to this chapter shall operate the establishment under a name not specified in the license, nor shall that person conduct business under any designation or location not specified in the license. (Ord. 450 § 23, 1978).

5.08.240 Sale or transfer or change of location.

Upon sale, lease, transfer or relocation of an establishment, the license thereof shall be null and void unless approved as provided in MICC 5.08.080; provided, however, that upon the death or incapacity of the licensee or any colicensee of the establishment, any heir or heiress of a deceased licensee, or any guardian of an heir or heiress of a deceased licensee, may continue the business of the establishment for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the license. (Ord. 450 § 24, 1978).

5.08.250 Transfer of license.

No license or permit shall be transferable except with the approval of the city. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in MICC 5.08.050. The written application for such transfer shall contain the same information as requested in this chapter for initial application for the license or permit as provided in MICC 5.08.060 and 5.08.100 respectively. (Ord. 450 § 25, 1978).