Chapter 5.26
MASSAGE AND REFLEXOLOGY BUSINESS SERVICES
5.26.000 Chapter Contents
Sections:
5.26.010 Definitions
5.26.020 Owner, director, manager - proof
5.26.030 Exemptions – Limitations – Name or structure of business
5.26.040 Inspections
5.26.050 Massage therapist or reflexologist – License or certificate required - Violations
5.26.060 Massage therapist or reflexologist - Owner, director, manager, or other person in charge to ensure valid license or certificate - Violation
5.26.070 Display of massage therapist or reflexologist license or certificate required - Violation
5.26.080 Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist - Unlawful
5.26.090 Minors practicing massage or reflexology – Responsibility of owner, director, manager, or other person in charge – Receipt of massage or reflexology services from minor unlawful
5.26.100 Advertising
5.26.110 Business Hours and Services
5.26.120 Practice requirements and limitations – Responsibility of owner, director, manager, other person in charge, massage therapist or reflexologist
5.26.130 Violations - Penalty
5.26.140 State statutes and regulations adopted by reference
(Ord. 7436 §3, 2025).
5.26.010 Definitions
For the purpose of this chapter, certain words and terms are defined as follows:
A. "Advertise" means any communication to one or more persons identifying massage or reflexology services being offered by any individual or business, including, but not limited to, signs located at a massage business or reflexology business; signs located in places other than at a massage business or reflexology business; advertisements on vehicles; advertisements in paper media such as newspapers, magazines, fliers, cards or business cards; or advertisements in electronic media such as internet websites, social media, electronic classified advertisements, cell phone applications, and television or radio advertisements.
B. “Breast Massage” shall have the same meaning as set forth in WAC 246-830-005(7).
C. "Certified reflexologist," "massage business," "massage," "massage therapist," "massage therapy," "reflexology," and "reflexology business" shall have the meanings set forth in RCW 18.108.010.
D. “Common areas” means the areas within a business that are open and available to patrons upon entering the business, including but not limited to lobbies and waiting areas.
E. "Conspicuously display" shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the initial common area of a massage business or reflexology business without having to request to see the license or certification.
In situations where a massage business or reflexology business is a mobile service which travels to where the massage therapy service or reflexology service will be conducted, conspicuously display shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon approaching the massage table, massage chair or furniture used to do massage therapy or reflexology.
F. "License," "certificate" and "certification" mean a license, certificate or certification issued pursuant to chapter 18.108 RCW.
G. “Massage Therapist” means a person licensed as a massage therapist under Chapter 18.108 RCW.
H. "Reflexologist" means a person who practices reflexology.
I. "Represent himself or herself as a massage therapist" shall have the same meaning as set forth in RCW 18.108.030(1)(b).
J. "Represent himself or herself as a reflexologist" shall have the same meaning as set forth in RCW 18.108.030(2)(b).
K. “Unlicensed Practice” means:
1. Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, or unsuspended license to do so; or
2. Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that an individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, when that individual does not hold a valid, unexpired, unrevoked, and unsuspended license to do so.
(Ord. 7436 §3, 2025).
5.26.020 Owner, director, manager - Proof
A. For purposes of this chapter, whether a person is an owner, director, manager, or other person in charge of a massage business or reflexology business may be established from evidence such as, but not limited to:
1. The person holds himself or herself out as an owner, director, manager, or some other like title evidencing control over business decisions;
2. The person is responsible for the general business decisions of the business;
3. The person is considered by those who provide massage or reflexology services as an owner, director, manager, or other person in charge;
4. The person is in control or partial control of when, how, or how much those who provide massage or reflexology services work or are paid, or whether those who provide massage or reflexology services are employees or contractors retained to provide services on behalf of the business;
5. The person is listed as a registered agent of the business;
6. The person is listed as a "governing people" by the Washington State Business Licensing Service;
7. The person is an applicant or is listed as an owner on a city or state business license or license application;
8. The person receives income from the business that is dependent on revenue generated by another person providing massage or reflexology services on behalf of or at the business;
9. The person has signed a lease or rental agreement for property at which the business is operated or is responsible for lease or rent payments;
10. The person has signed for a loan on behalf of the massage or reflexology business;
11. The person is financially responsible for the massage business or reflexology business utilities or services such as water, electricity, garbage, sewer, telephone, internet, cable television, security, cleaning, maintenance or accounting;
12. The person pays taxes on behalf of the business; or
13. The person is responsible for ensuring the business is properly supplied with resources necessary to carry out the work of the business or maintain the business.
14. The person is in control or partial control of scheduling massage or reflexology services for a patron, or assigning a person to provide such service to any patron;
B. The presence of any of the circumstances described in subsection A shall be sufficient to establish that a person is the owner, director, manager, or other person in charge of a massage business or reflexology business. The circumstances described in subsection A are not exclusive and other evidence may demonstrate a person is an owner, director, manager, or other person in charge of a massage business or reflexology business.
(Ord. 7436 §3, 2025).
5.26.030 Exemptions – Limitations – Name or structure of business
A. This chapter shall not apply to the following:
1. Activities set forth in RCW 18.108.050 when performed as provided in that statute; or
2. Massage or reflexology that is not provided in exchange for a fee, property or other consideration.
B. The exemptions set forth in subsection A(1) shall not apply to any person who practices or represents himself or herself as a massage therapist or who practices reflexology or represents himself or herself as a reflexologist and who advertises for the massage or reflexology services, to any business that advertises for massage or reflexology services, or to any person who provides massage or reflexology services at a business that advertises for such services.
C. The exemptions set forth in subsection A(1) shall not apply to any person who obtains massage or reflexology services from a person who advertises for the massage or reflexology services, from a business that advertises for massage or reflexology services, or from any person who provides massage or reflexology services at a business that advertises for such services.
D. The fact that a person or business that provides massage or reflexology services describes or advertises such services by a name other than massage or reflexology shall not exempt that person or business from this chapter.
E. In the event the services provided fall within the definition of massage or reflexology, the manner in which a business is incorporated or structured shall be of no consequence in determining if a business provides massage or reflexology services.
F. A club or cooperative arrangement in which a person pays a fee to become a member of the club or cooperative, and as a result of such membership, he or she obtains massage or reflexology services, shall be considered a massage business or reflexology business.
(Ord. 7436 §3, 2025).
5.26.040 Inspections
A. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business in order to ensure:
1. Compliance with the requirement that licenses and certifications are conspicuously displayed and valid;
2. That those providing massage or reflexology services are validly licensed and of proper age; and
3. Compliance with the advertising requirements of this Chapter.
B. Inspection of a valid government issued ID as permitted under RCW 18.108.045 (2) for all persons representing themselves to be massage therapists or reflexologists.
C. Inspections shall be limited to times when the massage or reflexology business is open.
D. Inspections shall be limited to the common areas of the massage or reflexology business. This section shall not authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis.
E. This section shall not be interpreted as limiting the use by law enforcement of any lawful investigatory techniques.
(Ord. 7436 §3, 2025).
5.26.050 Massage therapist or reflexologist – License or certificate required - Violations
A. It shall be unlawful for any person to practice massage, or represent himself or herself as a massage therapist in the city of Olympia without a valid and current massage therapist’s license.
B. It shall be unlawful for any person to practice reflexology or represent himself or herself as a reflexologist in the city of Olympia without a valid and current massage therapist’s license or certificate in reflexology.
C. An unissued license or certificate, or an expired, revoked, or suspended license or certificate, shall not be considered a valid license or certificate.
(Ord. 7436 §3, 2025).
5.26.060 Massage therapist or reflexologist - Owner, director, manager, or other person in charge to ensure valid license or certificate - Violation
A. It shall be the responsibility of any owner, director, manager, or other person in charge of a massage business or reflexology business in the city of Olympia to ensure that each person who practices massage, or represents himself or herself as a massage therapist, is validly and currently licensed, and to ensure that each person who practices reflexology or represents himself or herself as a reflexologist is validly and currently licensed as a massage therapist or certified as a reflexologist.
B. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current massage therapist’s license to practice massage or represent himself or herself as a massage therapist.
C. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current massage therapists license or who is not a certified reflexologist to practice reflexology or represent himself or herself as a reflexologist.
D. A person with an unissued license or certificate, or whose license or certificate is expired, revoked, or suspended, shall not be considered validly licensed or certified.
E. For the purposes of this section, the failure of the owner, director, manager, or other person in charge of a massage business or reflexology business to confirm the validity of a massage license or reflexology certificate through the Washington State Department of Health shall constitute criminal negligence.
(Ord. 7436 §3, 2025).
5.26.070 Display of massage therapist or reflexologist license or certificate required - Violation
A. At any massage business or reflexology business, a copy of the valid and current license of each person who practices massage or represents himself or herself as a massage therapist at or on behalf of the massage business or reflexology business, and the valid and current massage therapist’s license or reflexology certificate of each person who practices reflexology or represents himself or herself as a reflexologist at or on behalf of the massage business or reflexology business, shall be conspicuously displayed and shall be made available to persons receiving massage or reflexology services or to law enforcement for inspection upon request.
B. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to fail to conspicuously display the valid and current massage therapist’s license of each person who practices massage or represents himself or herself as a massage therapist at or on behalf of the massage business or reflexology business.
C. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to fail to conspicuously display the valid and current massage therapist’s license or certificate to practice reflexology of each person who practices reflexology or represents himself or herself as a reflexologist at or on behalf of the massage business or reflexology business.
D. Each person who practices massage therapy or represents himself or herself as a massage therapist, and each person who practices reflexology or represents himself or herself as a reflexologist shall have his or her valid and current license or certificate at each location in which he or she practices massage or represents himself or herself as a massage therapist, and at each location in which he or she practices reflexology or represents himself or herself as a reflexologist, and the valid and current license or certificate shall be provided to the person receiving the massage or reflexology service or to law enforcement for inspection upon request.
E. It shall be unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, to fail to have his or her valid and current massage therapist’s license at each location in which massage services are provided, or display his or her valid and current license to the person receiving the massage service or to law enforcement for inspection when requested.
F. It shall be unlawful for each person who practices reflexology or represents himself or herself as a reflexologist, to fail to have his or her valid and current massage therapist’s license or reflexology certificate at each location in which reflexology services are provided, or display his or her valid and current license or certificate to the person receiving the reflexology service or to law enforcement for inspection when requested.
G. It shall be unlawful for any person to present or conspicuously display an expired; altered; fake or fraudulently obtained license; certificate or certification. It shall be unlawful for an owner, director, manager or other person in charge of a massage business or reflexology business to facilitate or permit another to present or conspicuously display an expired, altered, fake or fraudulently obtained license, certificate or certification.
(Ord. 7436 §3, 2025).
5.26.080 Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist - Unlawful
A. It shall be unlawful for any person to receive massage services from another whom the recipient knows, or reasonably should know, is not validly or currently licensed to provide massage services. It shall be unlawful for any person to receive reflexology services from another whom the recipient knows, or reasonably should know, is not validly or currently licensed as a massage therapist or certified to provide reflexology services.
B. It shall be an affirmative defense to a violation of this section that the person receiving the massage or reflexology services inquired of the license or certification status of the person providing the services and was provided a document purporting to be a valid and current license of the massage therapist or valid and current certificate of the reflexologist.
(Ord. 7436 §3, 2025).
5.26.090 Minors practicing massage or reflexology – Responsibility of owner, director, manager, or other person in charge – Receipt of massage or reflexology services from minor unlawful
A. It shall be the responsibility of the massage or reflexology business owner, director, manager, or other person in charge of a massage business or reflexology business to verify through government-issued photo identification that each person who provides massage or reflexology services has attained the age of 18. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to permit or facilitate the provision of massage or reflexology services by a person who has not reached the age of 18.
B. It shall be the responsibility of the massage or reflexology business owner, director, manager, or other person in charge of a massage business or reflexology business to verify through the Department of Health that each person who provides massage or reflexology services has a valid license or certification to practice as a massage therapist or reflexologist. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to permit or facilitate the unlicensed practice of massage or reflexology services by a person who has not reached the age of 18.
C. For the purpose of this section, a massage or reflexology business owner, director, manager, or person in charge’s failure to confirm a person’s age through a government-issued photo identification and massage therapist license or reflexology certification’s status through the Washington State Department of Health constitutes criminal negligence.
D. It shall be unlawful for any person to receive massage or reflexology services from another whom the recipient knows, or reasonably should know, has not reached the age of 18. It shall be an affirmative defense to a violation of this section that the person receiving the massage or reflexology services inquired of the age of the person providing the services and was provided a document purporting to be a valid and current license of the massage therapist or valid and current certificate of the reflexologist.
(Ord. 7436 §3, 2025).
5.26.100 Advertising
It shall be unlawful to advertise the practice of massage or practice of reflexology except in accordance with RCW 18.108.040.
(Ord. 7436 §3, 2025).
5.26.110 Business Hours and Services
A massage or reflexology business is prohibited from operating between 10:00 p.m. and 6:00 a.m.
(Ord. 7436 §3, 2025).
5.26.120 Practice requirements and limitations – Responsibility of owner, director, manager, other person in charge, massage therapist or reflexologist
A. It is unlawful for any person who practices reflexology, or represents himself or herself as a reflexologist, to touch the body parts identified in WAC 246-830-550(1).
B. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist to touch the body parts identified in WAC 246-830-550(1) unless:
1. They perform breast massage in accordance with WAC 246-830-555;
2. They perform massage of the gluteal cleft or perineum in accordance with WAC 246-830-557; or
3. They perform intraoral massage in accordance with WAC 246-830-490.
C. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the coverage and draping requirements of WAC 246-830-560.
D. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the equipment, sanitation, and hygiene requirements of WAC 246-830-500 and 246-830-510.
E. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the recordkeeping requirements of WAC 246-830-565 and 246-830-570.
F. It is unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit another person to violate any provision of this section.
(Ord. 7436 §3, 2025).
5.26.130 Violations - Penalty
A. The first violation of any provision of this chapter shall constitute a misdemeanor.
B. Each subsequent violation of this chapter, whether alleged in the same prosecution as the first violation or in subsequent prosecutions, shall constitute a gross misdemeanor. The Court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such subsequent offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternative means.
(Ord. 7436 §3, 2025).
5.26.140 State statutes and regulations adopted by reference
References to Chapters 18.108, 9A.88, and 9A.60 and sections within those Chapters of the Revised Code of Washington and Chapter 246-830 and sections within that Chapter of the Washington Administrative Code, as they appear now or are hereafter amended, are adopted by reference as though fully set forth within the Olympia Municipal Code.
(Ord. 7436 §3, 2025).