Chapter 5.16
MASSAGE PARLORS AND PUBLIC BATHHOUSES

Sections:

5.16.010    Definitions.

5.16.020    License—Fees.

5.16.030    License—Application—Contents.

5.16.040    License—Application—Processing.

5.16.050    License—Suspension, revocation.

5.16.060    Appeal.

5.16.070    Certain persons prohibited on premises.

5.16.080    Masseur, bathhouse attendant—License—Application—Contents.

5.16.090    Masseur or bathhouse attendant—License—Processing.

5.16.100    Violation—Penalty.

5.16.010 Definitions.

For the purposes of this chapter “clerk” means such city employee or agent as the city manager designates as licensing official under this chapter. (Ord. 194 § 1, 1976)

5.16.020 License—Fees.

The fee for a public massage parlor license shall be fifty dollars per year, and the fee for a public bathhouse license shall be twenty-five dollars per year. An additional nonrefundable application fee of ten dollars shall accompany each application for such a license.

The fee for a license as a masseur, masseuse, public massage parlor attendant, or a public bathhouse attendant shall be ten dollars per year. All such licenses shall expire on the thirty-first day of December of the year for which the license was issued, and there shall be no prorating of the license fees; except that when the original application for a license is made subsequent to June 30th, then the fee for the balance of that year shall be one-half of the annual license fee.

Applications for renewal of a license issued according to the provisions of this chapter shall be made on or before the expiration date provided for in this chapter in the same manner and on payment of the same fees as provided for an original application under this chapter.

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

Days Past Due

Percent of License Fee

7-30

25%

31-60

50%

61 or more

75%

The licenses required by this chapter are separate from and in addition to the business license issued under Chapter 5.02, which may also be required when applicable. (Ord. 1065 § 1, 2020; Ord. 194 § 2, 1976)

5.16.030 License—Application—Contents.

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 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 and addresses of all persons sharing in the profits of said business; if a corporation, giving the names of its officers, directors and shareholders, giving title, residence address and telephone number of each;

D.    How long the applicant (or if a corporation, its officer) has resided in Grays Harbor County;

E.    If the applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age;

F.    Two two-inch by two-inch 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 two two-inch by two-inch 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 enjoyed at all times. Such license shall not be tampered with in any manner;

G.    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;

H.    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;

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

J.    Such other relevant and pertinent information as the clerk may reasonably require in connection with such application.

(Ord. 194 § 3, 1976)

5.16.040 License—Application—Processing.

Upon the filing of an application for issuance or renewal of a public massage parlor license or a public bathhouse license, the clerk shall ascertain from the city’s building department whether the operation of such establishment at the business address shown on the application will be in compliance with the city’s zoning regulations. The 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 thirty days by the police department containing the results of the investigation and any other matters pertinent to the application. The clerk shall also refer the application to the Grays Harbor County health department with a request for an inspection of the premises, or proposed premises, to determine its suitability and adequacy as to sanitary and physical conditions and to submit a written report thereon. The clerk shall also determine whether any state licenses or permits are required, and if so, shall condition the issuance of any permit or license issuable pursuant to this chapter upon compliance with all such state rules and regulations. (Ord. 194 § 4, 1976)

5.16.050 License—Suspension, revocation.

The clerk may, upon the recommendation of the chief of police or his delegate, 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 licensee or any of his servants, agents, or employees; or the conviction of the licensee 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 further operation of such establishment would be detrimental to the public health or welfare of the citizens of the city. (Ord. 194 § 5, 1976)

5.16.060 Appeal.

Any person aggrieved by the action of the clerk in refusing to issue or renew, or in revoking or suspending any license issued under this chapter shall have the right to appeal such action to the city council, or to such other board as may hereafter be established by the city council for the hearing of license appeals by filing a notice of appeal with the clerk within ten days of receiving notice of the action from which appeal was taken. The council shall set a date for hearing that the appellant may appear and be heard. The filing of such appeal shall stay the action of the clerk pending the decision of the council. (Ord. 194 § 6, 1976)

5.16.070 Certain persons prohibited on premises.

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 said establishment knowingly to harbor, admit, receive or permit to be on or remain on such premises any prostitute, lewd or dissolute person, any drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic drugs, or any person whose conduct is injurious to the public morals. (Ord. 194 § 7, 1976)

5.16.080 Masseur, bathhouse attendant—License—Application—Contents.

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 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 three reputable citizens of Grays Harbor County, or, if the applicant is not a resident of the county, three reputable citizens of the state;

C.    How long applicant has resided in Grays Harbor County;

D.    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;

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

F.    Two two-inch by two-inch black and white photographs of the applicant, taken within six months of the date of the application, showing only the full face of such applicant. The two two-inch by two-inch 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. The license shall be posted and displayed in a conspicuous place in the establishment where such licensee is employed at all times. The license shall not by tampered with in any manner;

G.    Such applicant shall also be required to submit to fingerprinting by the police department. The fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Division;

H.    The applicant’s previous occupation and previous employer;

I.    Such other relevant and pertinent information as the clerk may reasonably require in connection with such application.

(Ord. 194 § 8, 1976)

5.16.090 Masseur or bathhouse attendant—License—Processing.

Upon the filing of an application for a license to act as a masseur, masseuse, public massage parlor attendant, or public bathhouse attendant, the clerk shall refer the same to the police department with the request to investigate the statement contained in said application, and to furnish a written report within thirty days containing the results of the investigation, and any other matters pertinent to the application. The clerk shall refer the application to Grays Harbor health department, with the 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. The clerk shall also determine whether any state licenses or permits are required, and if so, shall condition the issuance of any permit or license issuable pursuant to this chapter upon compliance with all such state rules and regulations. If, from said reports 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 clerk shall issue a license to the applicant; otherwise the license application shall be denied. (Ord. 194 § 9, 1976)

5.16.100 Violation—Penalty.

Any person convicted of a violation of this chapter is guilty of a Class B offense as defined in Title 7 of this code. (Ord. 281 § 3 (part), 1979: Ord. 194 § 10, 1976)