Chapter 4.50
LICENSING OF PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES

Sections:

4.50.010  Definitions.

4.50.020  Exemptions.

4.50.030  License required – Massage parlor and public bathhouse.

4.50.040  Fees – Disbursements.

4.50.050  Application for and renewal of license – Massage parlor and public bathhouse.

4.50.055  Application for and renewal of license – Massage parlor, sauna parlor, body painting studio and public bathhouse attendants.

4.50.060  Public officials – Duties.

4.50.070  Application for and renewal of license – Massage parlor and public bathhouse – Health authority approval.

4.50.080  License required – Masseur, massage parlor attendant and public bathhouse attendant.

4.50.130  City clerk to issue licenses.

4.50.140  Denial of license – Hearing.

4.50.150  Liquor, controlled substances – Prohibited – Exception.

4.50.160  Hours of operation.

4.50.170  Duty to report change of employment – Penalty.

4.50.180  List of services – Required – Records to be kept.

4.50.190  Prohibited activity – Dress standards.

4.50.200  Employees.

4.50.210  Unlawful to employ unlicensed person.

4.50.220  Unlawful to admit certain persons.

4.50.230  Unlawful to advertise without license.

4.50.240  Premises to be open for inspection.

4.50.250  Denial, suspension or revocation of licenses – Grounds.

4.50.260  Term of license – Renewal.

4.50.270  License to be displayed.

4.50.280  Penalty.

4.50.290  Severability.

4.50.010 Definitions.

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

A. “Body painting studio” and “body studio”, as used in this chapter, mean any premises, other than a massage parlor or public bathhouse as defined herein, upon which is furnished for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a “body painting studio”, “model studio”, “sensitivity awareness studio” or any other expression or characterization which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration the opportunity to paint, massage, feel, handle, or touch the unclothed body or unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.

B. “Body painting studio attendant” means any person who administers to, or performs services for, patrons of a body painting studio or who supervises the work of another person administering to or performing services for such patrons. The term does not include a person who performs only custodial or janitorial work.

C. “Massage” means the treatment to the body of another person by rubbing, kneading, hitting or any other manipulation, including the use of equipment, machinery or appliances in connection with the foregoing.

D. “Massage parlor” means a place where massages are given or furnished for, or in expectation of, any fee, compensation or monetary consideration.

E. “Massage parlor attendant” means any person who administers to, or performs services for, patrons of a 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.

F. “Masseur” or “masseuse” means a person engaged in the practice of massage and shall be referred to herein only as “masseur”.

G. “Person” means any individual, firm, partnership, association, company, or organization of any kind.

H. “Public bathhouse” means any place where baths or facilities for baths of any kind whatever are given or furnished and the terms shall include but not be limited to: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; baths by hot air, steam, vapor, water or electric cabinet; provided, that such term shall not include ordinary tub or shower baths where attendant is not required.

I. “Public bathhouse attendant” means any person who administers to, or performs services for, 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. [Ord. 1823 § 1, 1976; Ord. 1684 § 2, 1973].

4.50.020 Exemptions.

A. The provisions of this chapter do not apply to:

1. Any person giving massage treatments or baths in a private residence who operates as a sole proprietorship, owns and resides at the private residence and employs no other person or persons;

2. Persons giving massage treatments or baths in a nonprofit, bona fide charitable club, a private social club or a public or private athletic club;

3. Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations;

4. Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study;

5. The provisions of this chapter shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapist or massage therapist duly licensed, who treat patients upon written prescription or direction of a duly licensed health care professional authorized by the state of Washington to treat the sick, injured, or infirm, or by any nurse under the direction of a person so licensed;

6. Licensed beauty operators and barbers who perform only such acts of scalp or facial massage as are customarily given in beauty salons and barbershops for purposes of beautification only are also exempt from the provisions of this chapter;

7. Massage parlors where all massage services are performed solely by massage therapists duly licensed in accordance with the laws of the state of Washington.

B. The applicant shall have the initial burden of proof of establishing by a preponderance of the evidence that he/she/it falls within any of the exceptions created by this section in any proceeding, administrative, civil or criminal. [Ord. 2914 § 1, 1993; Ord. 2609 § 1, 1987; Ord. 2554 § 1, 1986; Ord. 2497, 1985; Ord. 1700, 1974; Ord. 1684 § 3, 1973].

4.50.030 License required – Massage parlor and public bathhouse.

It is unlawful to conduct, operate, or maintain a massage parlor, or public bathhouse unless such establishment or premises is licensed as provided in this chapter. [Ord. 1823 § 2, 1976; Ord. 1684 § 4, 1973].

4.50.040 Fees – Disbursements.

A. Except as provided in subsection (C) of this section, the fee for a license for a regulated establishment and renewal of the same, as required by ECC 4.50.030, is fixed in the sum of $500.00 per year. Such fee shall not be refundable.

B. A fee of $100.00 shall be charged for all applicants for licensing as attendants under the provisions of ECC 4.50.080(A). No fee shall be charged to persons who qualify as attendants under the provisions of ECC 4.50.080 (B) when operating as a sole practitioner.

C. The purpose of such fee is to provide adequate reimbursement to the city for the following costs:

1. The investigation by the chief of police or his designee of the applicant and the statements made in the application.

2. The city planner's determination of compliance with the zoning code and building code.

3. The fire chief's determination of compliance with the regulation of the Fire Prevention Code.

4. The chief of police or his designee's further investigation and inspection of premises defined in this chapter in any reasonable time period.

5. The city clerk's issuance of such license.

D. Any massage parlor or other business within the city offering massage services and which employs for the purposes of massage-only massage therapists licensed in accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist shall be exempt from the provisions of this chapter. No massage therapist licensed pursuant to Chapter 18.108 RCW shall be required to register or pay any fee pursuant to this chapter other than nondiscriminatory business license fees applied to all business entities within the city. The police chief and/or city clerk are authorized to accept a photocopy of the state license in lieu of the provisions of this chapter or the requirements of ECC 4.50.050(A)(8). No massage therapist licensed pursuant to the provisions of Chapter 18.108 RCW shall be required to register with the city and these provisions relate only to the establishment of the right of such individual for exemption from the statute. [Ord. 3648 § 1, 2007; Ord. 2609 § 2, 1987; Ord. 1823 § 3, 1976; Ord. 1684 § 5, 1973].

4.50.050 Application for and renewal of license – Massage parlor and public bathhouse.

A. No license or renewal of license to conduct a massage parlor or public bathhouse shall be issued or renewed except upon written application to the city clerk which shall be signed and sworn to by the person who intends to conduct, operate or maintain a massage parlor or public bathhouse. Such application shall contain the following information:

1. The true name, home address, telephone number and the age of the applicant.

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

3. Whether the applicant is a sole proprietorship, partnership or corporation. If a partnership, the application shall set forth names, addresses and telephone numbers of all persons, whether general or limited partners, sharing in the profits of said business and the respective ownership share of each. If a corporation, it shall set forth the name, residence address and telephone number of each of its officers, directors and shareholders, and the number of shares held by each. It shall set forth all persons having any interest in the real or personal property at the premises, and any persons sharing in the proceeds of the business.

4. How long the applicant (if corporation, its officers, or if partnership, its partners) has resided in the city of Edmonds. If not a resident of the city of Edmonds continuously for the last five years, previous addresses during that period.

5. 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, the crime, the name of the court in which the case was filed, the circumstances and the disposition of the case.

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

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 business enterprises of such corporation.

8. Three two-inch by two-inch black-and-white photographs of the applicant, or in the case of a firm, the party signing the application, showing only the full face of such applicant. The three 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 of 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, and such license shall not be tampered with in any manner.

9. Such applicant, 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.

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

11. Whether or not the applicant or anyone owning an interest in the business for which the license is being sought has ever been licensed to operate a similar business, the name and post office address of such licensing authority, whether any such license has ever been suspended, denied or revoked and the name and post office address of the licensing authority, suspending, denying or revoking any such license together with the date and the reasons given for such action.

12. Evidence that the applicant has a current license or licenses as required by the laws of the state of Washington including Chapter 280 of the Laws of the State of Washington 1975 First Extraordinary Session.

13. A certificate of insurance evidencing malpractice and premises liability coverage in amounts equal to or exceeding $300,000 per occurrence and $1,000,000 aggregate, and providing for 20 days' notification to the city of Edmonds, as a named insured, of any cancellation thereof.

14. Such other information as the city clerk may reasonably require in connection with the application.

B. Misrepresentation of fact, failure to disclose facts or the providing of incorrect, false, misleading or incomplete information shall constitute grounds for denial of issuance of a license hereunder or in the event of discovery of such after the issuance of a license hereunder shall constitute grounds for revocation of such license. [Ord. 2554 § 2, 1986; Ord. 1823 § 4, 1976; Ord. 1684 § 6, 1973].

4.50.055 Application for and renewal of license – Massage parlor, sauna parlor, body painting studio and public bathhouse attendants.

A. No license or renewal of a license for any person to serve or act as a massage parlor, sauna parlor, body painting studio or public bathhouse attendant (hereinafter “applicant”) shall be issued or renewed except on written application to the city clerk which shall be signed and sworn by the applicant. Such application shall contain the following information:

1. The true name, home address, telephone number and the date of birth of the applicant.

2. The business name, business address, and telephone number of the establishment or proposed establishment at which the applicant proposes to work.

3. How long the applicant has resided within the city of Edmonds. If the applicant has not been a resident of the city of Edmonds continuously for the past seven years, the previous addresses of the applicant during that period.

4. Whether the applicant has ever been convicted of or forfeited bail relating to any crime, excluding minor traffic offenses, within the past seven years. If so, the crime, name of the court in which the case was filed, the circumstances and disposition of the case.

5. All assumed names or aliases which have been or are used by the person whose name appears on the application.

6. At the discretion of the police chief, such applicant may also be required to submit to fingerprinting by the police department. Such fingerprints shall be retained in the application file and a copy shall be forwarded to the Federal Bureau of Investigation, Identification Bureau.

7. Such other information as the city clerk may reasonably require in connection with the application.

B. In lieu of the provisions of this section and in accordance with the provisions of ECC 4.50.080, an applicant may provide in a form designated by the police chief evidence of licensing in the form of a photostatic copy of a valid, current license issued in accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist. The police chief may require further information, including but not limited to photographs and/or fingerprints, in order to adequately establish the identity of the applicant, and that said applicant possesses a valid state license as a massage therapist. Upon such showing, the city clerk is authorized to dispense with the application requirements of subsection A.

C. Misrepresentation of fact, failure to disclose facts, or the providing of incorrect, false, misleading or incomplete information shall constitute grounds for denial of the issuance of license hereunder, or in the event of discovery of such, after the issuance of a license hereunder, shall constitute grounds for revocation of such license. [Ord. 2609 § 3, 1987].

4.50.060 Public officials – Duties.

A. Upon filing of an application under this chapter, the city clerk shall forward copies to the chief of police, the city planner, the fire chief, and the building inspector.

B. Within 30 days after receipt of a copy of the application, the chief of police shall investigate the statements set forth in the application and report to the city clerk whether the application contains false, misleading or incomplete information.

C. Within 30 days after receipt of a copy of the application, the city planner shall inspect the proposed establishment and report to the city clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code.

D. Within 30 days after receipt of a copy of the application, the fire chief shall examine the proposed establishment and report to the city clerk whether it complies with the regulations of the fire prevention code.

E. Within 30 days after receipt of a copy of the application, the building inspector shall examine the proposed establishment and report to the city clerk whether it complies with the regulations of the building code. [Ord. 1684 § 7, 1973].

4.50.070 Application for and renewal of license – Massage parlor and public bathhouse – Health authority approval.

No license to conduct a massage parlor or public bathhouse shall be issued or renewed without first having had such inspection and approval as shall be required by the health authority having jurisdiction over the matter. [Ord. 1823 § 5, 1976; Ord. 1684 § 8, 1973].

4.50.080 License required – Masseur, massage parlor attendant and public bathhouse attendant.

It shall be unlawful for any person to perform services in any establishment defined in this chapter as a massage parlor, sauna parlor, body painting studio or public bathhouse as a masseur, massage parlor attendant or public bathhouse attendant unless that person shall be licensed either:

A. In accordance with the provisions of ECC 4.50.130, or

B. In accordance with the provisions of Chapter 18.108 RCW as a licensed massage therapist. [Ord. 2609 § 4, 1987].

4.50.130 City clerk to issue licenses.

A. Massage Parlor, Sauna Parlor and Public Bathhouse License. If, from the information supplied the city clerk, it appears that the application and the premises are fit and proper, and the statements contained in the application are true and complete, and that the applicant or the owners of the application firm have not been convicted of violating the provisions of state statute or any local ordinance regulating the provisions of massage services or the operation of a massage parlor, public bathhouse or body studio and that the applicant has complied with all the requirements of this code, the city clerk shall issue a license for the business to the applicant, otherwise the license application shall be denied.

B. No person shall operate a massage parlor or public bathhouse until a license has been approved in the manner specified by this chapter.

C. No massage business license shall be issued for a business premises presently under suspension pursuant to action under this chapter, nor for a period of six months following the date of a revocation pursuant to the terms of this chapter.

D. Massage Parlor, Sauna Parlor, Body Painting Studio and Public Bathhouse Attendant License. If in the information supplied to the city clerk it appears that:

1. The applicant is a fit and proper person to serve as a massage parlor, sauna parlor, body painting studio or public bathhouse attendant;

2. The statements contained in the application are true and complete;

3. The applicant has not been convicted of violating the provisions of state statute or any local ordinance relating to the provision of massage services, the operation of a massage parlor, sauna parlor, public bathhouse or body studio and has not committed any offense of prostitution or other similar sexual offense which is a crime under the statutes of any state; and

4. The applicant has complied with all the requirements of this code, then the city clerk shall issue license for the business to the applicant; otherwise the license application shall be denied. [Ord. 2609 § 5, 1987; Ord. 2554 § 5, 1986; Ord. 1829, 1976; Ord. 1823 § 11, 1976; Ord. 1684 § 14, 1973].

4.50.140 Denial of license – Hearing.

Any applicant whose application has been denied may, within 10 days following notification of the denial, file a petition for a hearing with the city council. The city council shall set a hearing date within 30 days of receiving such request. [Ord. 1684 § 15, 1973].

4.50.150 Liquor, controlled substances – Prohibited – Exception.

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 is 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, and/or ordinances of the city of Edmonds, shall not be distributed or consumed on any premises under regulation by this chapter. [Ord. 1684 § 16, 1973].

4.50.160 Hours of operation.

All massage businesses shall be closed and all services performed therein discontinued between the hours of 12:00 midnight and 8:00 a.m. [Ord. 1823 § 12, 1976; Ord. 1684 § 17, 1973].

4.50.170 Duty to report change of employment – Penalty.

Massage parlor attendants, public bathhouse attendants and masseurs must keep the city clerk informed of any change of employment. Failure to report a change in employment may result in a 30-day license suspension. [Ord. 1823 § 13, 1976; Ord. 1684 § 18, 1973].

4.50.180 List of services – Required – Records to be kept.

A list of all services offered with a brief description of what the service entails, along with the cost for such service, must be posted in a prominent place. All business transactions with customers must be conducted in accordance with the posted list of services. Daily records must be kept of the number of customers, the time of the service, and the amount of money paid by these customers for services, including gratuities. Such records shall be open to inspection by the police department at all reasonable times. [Ord. 1684 § 19, 1973].

4.50.190 Prohibited activity – Dress standards.

A. It is 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. All masseurs, massage parlor attendants, sauna parlor attendants or public bathhouse attendants shall not attend any patron unless at all times appropriately dressed which shall include the wearing of undergarments and a smock or uniform which cannot be seen through. Any violation of this section shall be grounds for revocation of the license issued pursuant to ECC 4.50.030 for the operation of such business and/or the revocation of the license required by ECC 4.50.080 issued to the employee who violates any provision of this section.

B. It is unlawful for any person to operate, conduct or maintain a body studio as defined in this chapter, or to knowingly conduct any business related thereto on the premises of a body studio, or to knowingly be employed on such premises.

C. The license of the business in which a violation occurs may be revoked for such violation whether the owner knew of or encouraged the violation or whether the customer requested or acquiesced in the violation. [Ord. 1823 § 14, 1976; Ord. 1684 § 20, 1973].

4.50.200 Employees.

It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this chapter to employ in such establishment any person under the age of 18 years of age. [Ord. 2554 § 6, 1986; Ord. 1684 § 21, 1973].

4.50.210 Unlawful to employ unlicensed person.

It shall be unlawful for any owner, proprietor, manager or person in charge of any facility regulated by this chapter to employ in such establishment any person who does not have a valid license issued pursuant to the provisions of RCW 18.108.020. [Ord. 2554 § 7, 1986; Ord. 1684 § 22, 1973].

4.50.220 Unlawful to admit certain persons.

It is unlawful for the owner, proprietor, manager or person in charge of any facility regulated by this chapter or any employee or agent of such establishment to admit anyone under the age of 18 years of age 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, or to knowingly harbor, admit, receive or permit to be or remain in or about such premises, any prostitute, lewd or dissolute person, or any drunk or boisterous person, or any person under the influence of any controlled substance, or any person who, by his conduct on such premises, tends in any way to corrupt the public morals. [Ord. 1684 § 23, 1973].

4.50.230 Unlawful to advertise without license.

It is unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this chapter. [Ord. 1684 § 24, 1973].

4.50.240 Premises to be open for inspection.

Any person making application for a license under the provisions of this chapter shall be deemed to have given consent to the entry of the premises for which application is made for inspection by any of the officials designated herein to perform such inspection. A refusal of such entry shall result in a denial or revocation of the business license. [Ord. 1684 § 25, 1973].

4.50.250 Denial, suspension or revocation of licenses – Grounds.

A. Authority. The city clerk may deny issuance or renewal of any license authorized under this chapter, or suspend or revoke any such license, if the licensee has:

1. Violated any provisions of this chapter by the person holding such license or any of his servants, agents or employees.

2. Has made any false statement or misrepresentation of fact in connection with the license.

3. Has failed to obtain or has had any license required by the state of Washington suspended or revoked.

B. Request for Hearing. When the city clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, she shall notify the person holding said license by registered or certified mail, return receipt requested, of her decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the clerk for a hearing before the city council within such 10-day period. The city council shall set and hold a hearing within 30 days following receipt of such request. Appeal from a decision of the city council shall be to the Snohomish County Superior Court and must be served and filed within 30 days of the decision of the city council. In the event the person does not request a hearing within the aforementioned period, the license of said person shall be denied, suspended or revoked as provided in the notice. [Ord. 2554 § 8, 1986; Ord. 1823 § 15, 1976; Ord. 1684 § 26, 1973].

4.50.260 Term of license – Renewal.

Licenses issued pursuant to this chapter shall be valid until December 31st of the year for which they are issued, and may be renewed by following the same procedure specified for filing the original application. Licenses issued pursuant to this chapter shall not be assigned or transferred from one holder or place to another. [Ord. 1823 § 16, 1976; Ord. 1684 § 27, 1973].

4.50.270 License to be displayed.

Licenses required by this chapter, both for premises and employees, shall be displayed in a conspicuous place for public inspection. [Ord. 1684 § 28, 1973].

4.50.280 Penalty.

Any person convicted of a violation of this chapter shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $250.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment as provided in ECC 5.50.020.

4.50.290 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 1684 § 30, 1973].