Chapter 5.35MASSAGE BUSINESSES

Sections:

5.35.010
Definitions.
5.35.020
Business Registration.
5.35.030
Penalties.
5.35.040
Additional Enforcement.
5.35.050
License for Business Required.
5.35.060
License for Massage Practitioners.
5.35.070
License for Managers.
5.35.080
License; Expiration; Due Date.
5.35.090
License Fees.
5.35.100
License Applications.
5.35.110
Repealed.
5.35.120
Repealed.
5.35.130
Transfer of Licenses and Change of Location.
5.35.140
Repealed.
5.35.150
Repealed.
5.35.160
Repealed.
5.35.170
Repealed.
5.35.180
Repealed.
5.35.190
Repealed.
5.35.200
Repealed.
5.35.210
Repealed.
5.35.220
Repealed.
5.35.230
Repealed.
5.35.240
Standards of Safety and Sanitation.
5.35.250
Standards of Conduct/Operation.
5.35.260
Internal Warning Systems Prohibited.
5.35.010Definitions.

For the purposes of this chapter, the following terms, words and phrases shall have the following meanings:

A. City means the City of Lakewood, Washington.

B. City Manager means the City Manager of the City of Lakewood, Washington.

C. Conviction means an adjudication or conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceeding including but not limited to sentencing or disposition, post-trial or post-fact finding motions, and appeals. Conviction also means a bail forfeiture and includes all instances in which a plea of nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended.

D. Genitals means genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of female.

E. Manager means any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity involving massage practitioners occurring at any place offering massage.

F. Massage means the treatment of a human body by another by the external manipulation or pressure of soft tissue. Massage includes rubbing, kneading, touching, stroking, tapping or any other manipulations with or without the aids of superficial heat, cold, water, lubricants, or salts, and including the use of equipment, machinery or appliances.

G. Massage business means the operation of a business providing massages.

H. Massage practitioner means a person engaged in the practice of massage. (Ord. 80 § 1 (part), 1996.)

5.35.020Business Registration.

Unless otherwise specified, the general business registration provisions contained in Chapter 5.02 of the Lakewood City Code, including those procedures and processes governing the denial or revocation of any license issued under this chapter and any appeals therefrom, shall apply to this chapter, in addition to the provisions hereof of this chapter. (Ord. 610 § 39, 2015; Ord. 80 § 1 (part), 1996.)

5.35.030Penalties.

A. Criminal penalty. Any person violating any of the terms of this article shall be guilty of a misdemeanor and upon conviction thereof, be punished by a jail sentence of up to 90 days, or a fine of up to $1,000, or both such jail sentence and fine, except as indicated in section (C).

B. Civil penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the City Manager or designee. All civil penalties assessed will be enforced and collected with the procedure specified under this article.

C. Violation of LMC 5.35.050 and/or LMC 5.35.060. Any person who violates LMC 5.35.050 and/or 060 shall be guilty of a gross misdemeanor and, upon conviction thereof, be punished by a jail sentence of up to 364 days, or a fine of up to $5,000, or both. It is the City of Lakewood’s intention that a conviction under this section shall be a predicate offense for subsequent prosecution in accord with RCW 18.130.190(7)(a) and (7)(b). (Ord. 610 § 40, 2015; Ord. 80 § 1 (part), 1996.)

5.35.040Additional Enforcement.

Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provisions of this article. (Ord. 80 § 1 (part), 1996.)

5.35.050License for Business Required.

It is unlawful to conduct, operate or maintain a massage business unless such establishment or premises is licensed as hereinafter provided. (Ord. 80 § 1 (part), 1996.)

5.35.060License for Massage Practitioners.

It is unlawful for any person to perform a massage or represent himself or herself as a massage practitioner without first applying for, receiving and being in possession of a current, valid Washington State massage practitioner’s license. (Ord. 302 § 1, 2003; Ord. 80 § 1 (part), 1996.)

5.35.070License for Managers.

It is unlawful for any person to manage a massage business without first applying for and receiving a massage manager license. It is provided, however, that if the person who will be serving as the manager of the massage business will also be working in the massage business as a licensed massage practitioner and has a valid massage practitioner's license pursuant to Section 5.35.060 of this Code, and the business has a valid business license pursuant to Section 5.35.050 of this Code, said person shall not be required to pay the license fee for the Massage Manager license as that fee is identified in Section 5.35.090 of this Code. (Ord. 107 § 1, 1996; Ord. 80 § 1 (part), 1996.)

5.35.080License; Expiration; Due Date.

A. Expiration. Each license issued or renewed under the provisions of this chapter shall expire one year from the date of issuance by the City, unless renewed. Upon renewal, each license shall be valid for an additional year from the date of expiration, unless suspended, revoked, or closed. Any additional Rules and Regulations and Conditional Licenses imposed or stipulated to pursuant to LMC 5.02.150 shall remain in full force and effect unless expressly terminated in writing.

B. Due date. All license fees required by section 5.35.090 of this chapter, and pursuant to the City of Lakewood Fee Resolution, are payable to the city at least four weeks prior to the opening of any massage business, or the performance of any massage.

C. Failure to renew. Failure to renew shall invalidate the license and all privileges granted to the licensee. (Ord. 548 § 4, 2012; Ord. 80 § 1 (part), 1996.)

5.35.090License Fees.

A. Amount of fee. Applicants granted a license under this chapter shall pay to the city the following fees prior to the issuance of their license in accordance with LMC 3.20.010, the fee schedule, at least one copy of which shall be kept on file in the Office of the Lakewood City Clerk. (Ord. 288 § 9, 2002; Ord. 245 § 5, 2000; Ord. 87 § 4, 1996; Ord. 80 § 1 (part), 1996.)

5.35.100License Applications.

A. Massage business. Any person who does not possess a current, valid Washington State Massage Practitioner’s License who seeks to operate or conduct a massage business must first apply, receive and possess a City of Lakewood Massage Business License. All applications for a massage business license or license renewal shall be submitted in the name of the person or entity proposing to manage or maintain such massage business on the business premises, shall be signed by such person or his or her legally authorized agent, and notarized or certified as true under penalty or perjury. All applications shall be submitted on a form supplied by the City Manager or designee, which shall require the following information:

1. The name, residence address, residence telephone number, date and place of birth, driver’s license number, and social security number of the applicant if the applicant is an individual or tax identification number if the applicant is a corporation or other entity;

2. The business name, address and telephone number of the establishment;

3. The names, addresses, telephone numbers and social security numbers of any partners, corporate officers, or shareholders who own ten percent or more of the business, or other persons who have a substantial interest or management responsibilities in connection with the business, specifying the interest or management responsibility of each. For the purpose of this subsection “substantial interest” shall mean ownership of ten percent or more of the business, or any other kind of contribution to the business of the same or greater size;

4. The name of the landlord or property owner of the property on which the business is situated.

5. Persons who possess a valid, current Washington State Massage Practitioner’s License shall further obtain a City of Lakewood General Business License prior to conducting such business activities within the City. Persons who possess a valid, current Washington State Massage Practitioner’s License who are employees of a currently licensed massage business are exempt from the requirement of obtaining a City of Lakewood General Business License.

B. Massage manager. Any person who does not possess a current, valid Washington State Massage Practitioner’s License who seeks to manage the activities of a massage business must apply for, receive and possess a City of Lakewood Massage Manager’s License. All applications for a massage manager’s license or license renewal shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the City Manager or designee, which shall require, at a minimum, the following information:

1. The applicant’s name, residence address, residence telephone number, date and place of birth, driver’s license number and social security number;

2. A letter, dated no more than 30 days prior to the date of submission of the application, from the owner of the business indicating intent to employ the applicant on a specified date;

3. Written proof that the applicant is 18 years of age or older as provided for in section 5.35.100;

4. The mailing address and street address of all places within the City of Lakewood at which the massage manager will provide services. The massage manager shall notify the City Manager or designee, in writing, of any changes in, or additions to, the location of such services within 14 days of any such change or addition.

C. Background checks. All applications for massage business or massage manager licenses submitted pursuant to this chapter will be submitted to a background check in accordance with the procedures of the City or its law enforcement agency. (Ord. 302 § 2, 2003; Ord. 80 § 1 (part), 1996.)

5.35.110Standards for Denial of Application for License. (Repealed)

(Repealed Ord. 610 § 41, 2015; Ord. 302 § 3, 2003; Ord. 80 § 1 (part), 1996.)

5.35.120Standards for Suspension or Revocation of License. (Repealed)

(Repealed Ord. 610 § 42, 2015; Ord. 302 § 4, 2003; Ord. 80 § 1 (part), 1996.)

5.35.130Transfer of Licenses and Change of Location.

Massage business. No massage business license issued under this chapter shall be transferable from one person or entity to another person or entity. Upon the sale or transfer of an interest greater than 50 percent in a massage business, a license shall become null and void. A new application shall be made by any person desiring to operate or maintain the establishment and shall include a release of interest statement from the previous licensee and a signed lease or rental agreement for the establishment. (Ord. 302 § 5, 2003; Ord. 300 § 15, 2003; Ord. 80 § 1 (part), 1996.)

5.35.140Notification of Suspension, Revocation, Denial or Civil Penalty. (Repealed)

(Repealed Ord. 610 § 43, 2015; Ord. 80 § 1 (part), 1996.)

5.35.150Authority of Hearing Examiner. (Repealed)

(Repealed Ord. 610 § 44, 2015; Ord. 585 § 15, 2014; Ord. 80 § 1 (part), 1996.)

5.35.160Notice of Appeal. (Repealed)

(Repealed Ord. 610 § 45, 2015; Ord. 585 § 16, 2014; Ord. 80 § 1 (part), 1996.)

5.35.170Date, Time, Place for Hearing. (Repealed)

(Repealed Ord. 610 § 46, 2015; Ord. 80 § 1 (part), 1996.)

5.35.180Rights of Appellant. (Repealed)

(Repealed Ord. 610 § 47, 2015; Ord. 80 § 1 (part), 1996.)

5.35.190Scope of Matters Considered in Appeal. (Repealed)

(Repealed Ord. 610 § 48, 2015; Ord. 80 § 1 (part), 1996.)

5.35.200Waiver of Right to Appeal. (Repealed)

(Repealed Ord. 610 § 49, 2015; Ord. 80 § 1 (part), 1996.)

5.35.210Stay of Enforcement. (Repealed)

(Repealed Ord. 610 § 50, 2015; Ord. 80 § 1 (part), 1996.)

5.35.220Action for Hearing. (Repealed)

(Repealed Ord. 585 § 17, 2014; Ord. 80 § 1 (part), 1996.)

5.35.230Appeal From Hearing Examiner. (Repealed)

(Repealed Ord. 610 § 51, 2015; Ord. 80 § 1 (part), 1996.)

5.35.240Standards of Safety and Sanitation.

Every manager, massage practitioner, massage owner and any employee or agent of such an establishment shall comply at a minimum with the following health and sanitary requirements:

A. Each room or enclosure where massage services are performed on patrons shall be provided with adequate lighting in accordance with the building code, and in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where services are performed and shall be in operation when such services are performed.

B. The premises shall have equipment for disinfecting and cleaning non-disposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned after each use.

C. Hot and cold running water shall be provided at all times.

D. Each massage patron shall be furnished with an individual clean towel. Towels shall not be reused until they have been washed and sanitized. There shall be adequate storage facilities for towel and mat storage.

E. All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas shall have surfaces which may be readily cleaned. They shall be covered with single-service towels when in use.

F. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets.

G. Dressing, locker and toilet facilities shall be provided upon request for all patrons served at any given time. Upon the request of a patron, the licensee shall provide the patron with facilities to lock or secure personal property. Male and female patrons shall not simultaneously use common shower and/or bathtub, dressing, toilet and massage room facilities.

H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.

I. Each massage practitioner shall wash his or her hands in hot running water using soap or disinfectant before and after administering a massage.

J. No person shall consume food or alcoholic beverages in massage work areas.

K. A person suffering from infectious or contagious disease(s) transmittable by touch shall not be treated by any licensed massage business or massage practitioner. A massage practitioner who is suffering from infectious or contagious disease(s) shall not administer massage services.

L. All massage establishments shall continuously comply with all applicable building, fire and health ordinances and regulations.

M. All plumbing shall be installed according to the city's plumbing code and shall be free of potential cross-connections. All toilet facilities shall be available as required in the city's plumbing code, applicable to places of assembly.

N. 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.

O. Any facilities using ultraviolet exposure rooms in their establishment shall post maximum exposure time. (Ord. 302 § 6, 2003; Ord. 300 § 16, 2003; Ord. 80 § 1 (part), 1996.)

5.35.250Standards of Conduct/Operation.

A. Owner/manager requirements. The following standards of conduct and operation shall be adhered to by the owner, proprietor, manager, or person in charge of any massage business:

1. Any person who is employed to give a massage must be at least 18 years of age and be validly licensed as a massage practitioner pursuant to this chapter and state law.

2. At all times during the hours a massage business is open for business, and/or during the presence of patrons, at least one validly licensed massage practitioner must be on the premises.

3. Any person who is employed by a massage business must present documentation that he or she has attained the age of 18 years when an inspection pursuant to this chapter is conducted. Proper documentation shall be described in section 5.35.100.

4. Provide that all doors in such premises, excluding doors in the office and storage rooms, unless such doors provide access to service areas, are so equipped that they may not be fastened shut so as to prevent reasonable access by such authorities who announce their authority to enter prior to inspection.

B. All licenses. The following standards of conduct and operation shall be adhered to by all licensees:

1. All licensees shall comply with all applicable federal, state and local laws, including all safety and sanitation requirements and the city’s building, fire and zoning codes;

2. All licensees shall allow any police officer, the City Manager or his or her designee, or a representative from the Tacoma-Pierce County Health Department or the Lakewood Fire District entry to the premises during the hours the massage business is open for business, upon presentation of proper identification, for purposes of inspecting the premises;

3. Maintain business receipts showing the date of service(s) given, the type of service(s) rendered and the name and city license number of the employee rendering the service(s). These business receipts shall be retained for a period of three (3) years after the date of the service(s), and shall be open to inspection by the City Manager or designee and the law enforcement officers of the City of Lakewood;

4. Massage practitioners shall maintain in good standing a valid, current Washington State Massage Practitioner’s license;

5. Post in a prominent place a list of all services offered with a brief description of what the service entails along with the costs of such service(s). All business transactions with the customers must be conducted in accordance with said posted list;

6. Not distribute or consume any alcoholic beverages and/or controlled substances on licensed premises; and

7. Not allow any unlicensed massage.

C. Minors. It shall be unlawful for the owner, manager, or any massage practitioner, or any employee or agent to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person is accompanied by or presents the written consent of his or her parent or legal guardian.

D. Prostitution. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be performed any act, massage or manipulation in which contact is made with another’s genital areas either by hand, body or by any mechanical device or object, whether it is covered or uncovered; clothed or unclothed, in whole or in part.

E. Clothing required. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to disrobe or be partially disrobed in the presence of another while in any facility defined in this chapter.

F. Supervision/Inspection. The owner or manager shall have the premises supervised at all times when open for business. Rooms and stalls used for purpose of massage shall be constructed in such a manner as to permit inspection. (Ord. 302 § 7, 2003; Ord. 80 § 1 (part), 1996.)

5.35.260Internal Warning Systems Prohibited.

Any business required to be licensed under this chapter shall not install any device that is designed as an internal warning system and no persons shall use any device for alerting persons in other portions of the building. (Ord. 80 § 1 (part), 1996.)