Chapter 5.55
DAY SPAS

Sections:

5.55.010    Definitions.

5.55.020    Exemptions.

5.55.030    Public body scrub facility license and insurance required.

5.55.031    License for body scrub managers.

5.55.032    License for body scrub attendants.

5.55.035    Business registration.

5.55.040    Fees.

5.55.050    Public body scrub facility license application and renewal.

5.55.070    Attending a patron undergoing a body scrub as treatment – Prohibitions.

5.55.080    Director to issue license.

5.55.085    Standards for denial of application for license.

5.55.090    Liquor, controlled substances – Prohibited – Exceptions.

5.55.100    Hours.

5.55.115    Standards of conduct/operation.

5.55.160    Unlawful to permit violations.

5.55.180    Unlawful to advertise without license.

5.55.190    Suspension and/or revocation of license.

5.55.210    Term of license.

Prior legislation: Ord. 2698.

5.55.010 Definitions.

A. For the purpose of this chapter, the following terms, words and phrases shall have the following meanings:

1. “Authorized health care practitioner” has the same meaning as set forth in RCW 18.74.010(7) as now existing or hereafter amended; provided, that the administration of bath treatments is within the scope of such person’s state license.

2. “Body scrub(s)” shall include, but is not limited to, a personal service involving washing, scrubbing, exfoliating or in any other manner coming into substantial personal contact with a client/customer.

3. “Body scrub attendant” means any person who administers or performs services to patrons of a public body scrub or who supervises the work of such persons. The term does not include a person who performs only custodial or janitorial work.

4. “Day spa” means any place not exempted from the provisions of this chapter where body scrubs or facilities for body scrubs of any kind whatsoever are given or furnished.

5. “Genitals” means the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.

6. “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 public body scrubs occurring at any place offering such services.

7. “Public body scrub facility” shall include all facilities where body scrubs are provided.

B. All references herein to the masculine gender shall include the feminine, and the feminine the masculine; all references to the singular shall include the plural, and the plural the singular. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.020 Exemptions.

The provisions of this chapter shall not apply to:

A. Body scrubs given in any licensed:

1. Hospital, nursing or convalescent home; or

2. Business establishment of an authorized health care practitioner;

B. Ordinary tub or shower baths where an attendant is not required;

C. Body scrubs given or furnished on the premises of a single- or multiple-family residence when:

1. No fee or other consideration is charged; and

2. Such body scrubs are given by a licensed nurse, physical therapist, or occupational therapist who is giving a bath treatment pursuant to a written prescription from an authorized health care practitioner; or

D. Facilities for body scrubs furnished as an incidental part of:

1. The operation of a hotel or lodging house. For purposes of this section, “hotel” means and includes hotels, motels, rooming houses, lodging houses, apartments, or any other space, building or buildings used for human habitation containing more than three rooms intended or designed to be used or which may be used for sleeping or living quarters by tourists, temporary guests, or any person or persons, which are rented, hired out, or leased for compensation as a business;

2. A municipal recreation center; or

3. A private social or athletic club not open to the public generally. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.030 Public body scrub facility license and insurance required.

It shall be unlawful to conduct, operate, or maintain a public body scrub facility unless such establishment is licensed as herein provided and is covered by a liability insurance policy in a minimum amount of $300,000. The licensee shall notify the director in writing of any cancellation of said insurance policy within three days of receiving notice that the required policy has been canceled. Failure to so notify the director shall be grounds for license suspension or revocation. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.031 License for body scrub managers.

It is unlawful for any person to manage a public body scrub facility without first applying and receiving from the city of Lynnwood (“Lynnwood”) a body scrub facility manager license. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.032 License for body scrub attendants.

It is unlawful for any person to be a body scrub attendant without first applying and receiving from Lynnwood a body scrub attendant license. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.035 Business registration.

Unless otherwise specified, the general business registration provisions contained in Chapter 5.04 LMC shall apply to this chapter, in addition to the provisions hereof. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.040 Fees.

The fee for a public body scrub facility license shall be as shown in Chapter 3.104 LMC. Upon initial application for a public body scrub facility license, the applicant and employees overseeing and attending to the body scrubs shall also pay a nonrefundable investigation fee. The initial investigation will include fingerprinting conducted by the Lynnwood police department. Annual license renewal fee for the applicant and employees overseeing and attending to the body scrubs will be as shown in Chapter 3.104 LMC which provides for an investigation in accordance with the procedures of the city and Lynnwood police department. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2656 §§ 1, 2, 2006; Ord. 2580 § 1, 2005)

5.55.050 Public body scrub facility license application and renewal.

A. Public Body Scrub Business. All applications for a public body scrub business license or license renewal shall be submitted in the name of the person or entity proposing to conduct body scrubs as defined herein 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 of perjury. All applications shall be submitted on a form supplied by the director or designee. Such application shall contain the following information:

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

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

3. The names, addresses, telephone numbers of any partners, corporate officers, or shareholders who own 10 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 10 percent or more of the business, or any other kind of contribution to the business of the same or greater size;

4. Two two-inch-by-two-inch black and white photographs of the applicant, or if a partnership or corporation, of the party signing the application, taken within six months of the date of the application, showing only the full face of such applicant. Such photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it one of such photographs. Such license shall be posted and displayed at all times in a conspicuous place in the establishment where the license is enjoyed and it shall not be tampered with in any manner;

5. The applicant, or if the applicant is a partnership or corporation, the party signing the application, shall also submit to fingerprinting by the Lynnwood police department and such fingerprints shall be retained in the Lynnwood police department application file, a copy of which shall be forwarded to the Federal Bureau of Investigation Identification Bureau;

6. All assumed names or aliases which have been or are being used by any person whose name appears on the application; and

7. Proof of liability insurance coverage in the minimum amount required by this chapter. Failure to provide such proof shall constitute an incomplete application and shall not be processed.

8. The licenses required under this chapter are separate from the licenses required under Chapter 5.06 LMC.

B. Body Scrub Manager and Attendant. All applications for a manager or attendant’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 director or designee. Such application shall contain, at a minimum, the following information:

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

2. A letter dated no more than 30 days prior to the 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. Written proof shall mean the following:

a. A current motor vehicle operator’s license by any state bearing the applicant’s photograph and date of birth; or

b. A valid identification card issued by the state of Washington which bears the applicant’s photograph and date of birth; or

c. A current passport;

4. The mailing address and street address of all places within Lynnwood at which the body scrub manager or attendant will provide services. The body scrub manager or attendant shall notify the director or designee, in writing, of any changes in, or additions to, the locations of such services within 14 days of any such change or addition.

C. Background Checks. All applications submitted pursuant to this chapter will be subject to a background check in accordance with the procedures of the city and Lynnwood police department. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.070 Attending a patron undergoing a body scrub as treatment – Prohibitions.

It is unlawful for any person other than an authorized health care practitioner or a person licensed by Lynnwood as a body scrub manager or attendant to administer to or perform services for a patron of a public body scrub facility. It is unlawful for the owner, agent, manager, or person in charge of a public body scrub facility to permit any other persons to attend a patron while a patron is obtaining the services of a body scrub facility. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.080 Director to issue license.

If, from the information supplied to the director, it appears that the application and the premises are fit and proper, that the statements contained in the application are true, and that the applicant has complied with all the requirements of the Lynnwood Municipal Code, the director shall issue a public body scrub license to the applicant, otherwise the application shall be denied pursuant to the provisions of this chapter and LMC 5.04.030. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.085 Standards for denial of application for license.

A. Public Body Scrub License. The director or designee may deny any public body scrub license request if he determines that the proposed business does not fully comply with applicable federal, state and/or local laws, ordinances or regulations, including but not limited to building, fire, police, public works, zoning and land use codes and health codes. The director or designee may further deny any public body scrub license request if he determines that the applicant has:

1. Made any material misstatement in the application for a license; or

2. Proposed a place of business or operates a business which fails to comply with all applicable requirements of the code including without limitation the zoning, building, health and fire codes and all other applicable local, state, or federal laws, rules and regulations; or

3. Had any convictions which have a direct connection with the licensed activity including, but not limited to, theft, prostitution, promoting or permitting prostitution, sexual offenses, consumer fraud, massage practitioner, massage manager and/or public bathhouse manager/attendant violation or obscenity, within five years prior to the date of application; or

4. Had a body scrub or similar license denied, revoked or suspended by the city, or any other jurisdiction within five years prior to the date of such application.

B. Body Scrub Manager/Attendant License. The director or designee may deny any body scrub attendant license applied for under the provisions of this chapter if the director or designee determines that the applicant has:

1. Made any material misstatement in the application for a license; or

2. Not complied with the operating requirements set out in LMC 5.55.115 or any other requirements of this chapter; or

3. Had any convictions which have a direct connection with the licensed activity including, but not limited to, theft, prostitution, sexual offenses, consumer fraud, massage practitioner, massage manager and/or body scrub manager/attendant violation, or obscenity, within five years prior to the date of application; or

4. Had a body scrub manager or attendant or similar license denied, revoked or suspended by the city or any other jurisdiction within five years prior to the date of such application. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.090 Liquor, controlled substances – Prohibited – Exceptions.

A. Liquor, as that term is defined by the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on any premises under regulation by this chapter, unless the premises are licensed to serve the same by the Washington State Liquor and Cannabis Board.

B. Controlled substances, as defined by the Washington State Uniform Controlled Substances Act, shall not be distributed or consumed on any premises under regulation by this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.100 Hours.

All public body scrub facilities shall be closed, and all services performed therein discontinued, between the hours of 12:00 midnight and 8:00 a.m. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.115 Standards of conduct/operation.

A. Owner/Manager Requirements. The following standards of conduct and operation shall be adhered to by the owner, proprietor, manager, attendant, or person in charge of any public body scrub facility:

1. Any person who is employed to be a body scrub attendant must be at least 18 years of age.

2. Public body scrub facility must have a manager on the premises at all times during the hours of business, and/or during the presence of patrons.

3. Any person who is employed by a public body scrub facility 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 LMC 5.55.050.

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 Licensees. 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, fire official, building official, the director or designee, or the representative for the Snohomish County health department entry to the premises during the hours the public bathhouse 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). The business receipts shall be retained for a period of three years after the date of service(s), and shall be open to inspection on the licensee’s premises by officers of Lynnwood during business hours, for the purpose of ascertaining compliance with the provisions of this section;

4. 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; and

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

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

D. Employees. It shall be unlawful for the owner, agent, manager or person in charge of this facility regulated by this chapter to have employees under the age of 18 years.

E. Prohibited Activities. It shall be unlawful for any owner, proprietor, manager, employee or agent of any facility to intentionally touch or manipulate the genitals of a customer in any manner, and such activity shall be grounds for revocation of the business license, as well as the employee license, whether the owner knew of or encouraged the act, or whether the customer requested or acquiesced in the act.

F. Dress Regulations. It shall be unlawful for any public body scrub facility owner, manager, attendant or any employee or agent to disrobe or to be partially disrobed in the presence of another.

G. Supervision/Inspection. The owner or manager shall have the premises supervised at all times when open for business. Rooms and stalls used for the purpose of body scrubs or where an attendant is provided or present shall be constructed in such a manner as to permit inspection. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.160 Unlawful to permit violations.

It is unlawful for the owner, proprietor, agent, manager or person in charge to knowingly permit or allow any person to violate any sentence, section or clause of this chapter while said person is upon the premises licensed hereunder. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.180 Unlawful to advertise without license.

It is unlawful to advertise any establishment regulated by this chapter which is not licensed according to the provisions of this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.190 Suspension and/or revocation of license.

A. Suspension and Revocation Schedule.

1. The director shall suspend any body scrub facility license for a period of 15 days upon the licensee’s first violation of this chapter.

2. The director shall suspend any body scrub facility license for a period of 45 days upon the licensee’s second violation of this chapter.

3. The director shall revoke any body scrub facility license upon the licensee’s third violation of this chapter within three years. The period of any such revocation shall be one year.

4. The director shall suspend a body scrub facility license upon receipt of notice that the licensee’s required insurance has been canceled until satisfactory proof of insurance is presented to the director.

5. Notwithstanding the provisions of LMC 5.55.080, the director shall deny the renewal of any body scrub facility license or revoke any such license if a licensee has:

a. Made any false or misleading statements on the application for license or misrepresentations to the city in order to induce or prevent action by the city;

b. In connection with the licensee’s operation of a body scrub facility:

i. Engaged in an act of prostitution, or has promoted or permitted prostitution on the licensee’s premises;

ii. Used or distributed controlled substances on the premises of a body scrub facility;

c. Failed or refused to qualify for or obtain any license required by Lynnwood or the state of Washington in connection with the licensee’s operation of a body scrub facility.

B. Notice Procedures for Suspension or Revocation and Hearing and Right to Appeal.

1. Whenever the director has determined that a body scrub facility license shall be suspended or revoked, the director or director’s designee shall issue a notice of suspension or notice of revocation to the licensee.

2. The notice shall be sent to the licensee by certified and regular mail. The written decision shall specify the basis for the director’s determination along with the name of the person involved, dates and description of violation of this chapter, description of action proposed to be taken by the city, the effective date of the revocation or suspension and the procedures for appeal of the director’s determination as stated in subsection (B)(3) of this section.

3. The decision of the director may be appealed by filing a written appeal with the department. The appeal must be filed within 10 business days of the director’s decision, include the appeal fee specified by Chapter 3.104 LMC, and state the factual grounds for the appeal. The hearing examiner shall set a date for the appeal hearing. The city shall notify the parties of record by mail of the time and place of the hearing, which shall be conducted as specified by LMC 1.35.200 et seq., Chapter 2.22 LMC and the rules for hearings adopted pursuant to LMC 2.22.080. Upon the filing of a timely appeal, the director’s decision to revoke or suspend the business license shall be stayed pending a final decision by the hearing examiner on the appeal. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)

5.55.210 Term of license.

All licenses issued pursuant to this chapter shall be granted for one year from the date of issue, unless renewed. All license fees shall be payable on an annual basis. An application for renewal of any license required by this chapter may be submitted each calendar year per the requirements of LMC 5.04.040. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2580 § 1, 2005)